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Individual Unemployability


Kim Rice

Question

HELP!!!

I filed a claim for PTSD and was awarded 70%.  I had not worked in over 3 years and thus filed a claim for IU.  I've been back and forth with the VA and sending all the info they asked for to include employment info for past 5 jobs. I just received this message below and apparently they sent a letter that I have not received yet but I'm not sure how to respond...please advise.. Again, I've already been awarded 70%, does this mean they might be looking to lower my percentage in lieu of the increase?  Goodness, I sure hope not!!

furnish details regarding the stressful event(s) that caused your post traumatic stress disorder. the response we received does not meet the minimum level of detail needed for va to seek assistance from the u.s. army and joint services records research center (jsrrc). jsrrc assists va in verifying veteran's claimed stressful incidents when va cannot verify the stressful incident based on records from the service department or when va cannot obtain the necessary records from the service department. it is important that you provide us with more specific details concerning your stressful event(s). failure to respond or failure to provide a complete response to this request may result in a denial of your claim. specifically, we still need: *<insert information>.

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It sounds like they want a very detailed discription of what happened. I know when they talked to me about it I walked them through everything I could remember and if I couldn’t I was honest about it. Sometimes our minds will block things out. So I would follow what they are asking for in every detail!  Do not leave parts out because you think it is not something they want to hear.  They want to know what caused this trauma!   

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First you need to get a letter from the VA (Your R.O.) Advising you about the stressor's events and what they need from you to sub-stain evidence to warrant an increase and you will more than likely be sent to a Forensic C&P Exam.

or

(Perhaps this is a letter for your 2 Year PTSD Evaluation?

If you sent in for an increase after 3 years of being 70% S.C. For PTSD  This prompt the VA to ask you for more evidence on your events that caused your trauma  ( the severity has to be worse than a 70% )

as Medical evidence is how they adjudicate claims  for increase after you have been rated for a injury or disease  in other words they need to see medical documentation that your PTSD as increase more than 70%

 If your asking for IU because  this 70% S.C. PTSD  is causing you from finding employment   or you can't find a job because of your 70%S.C. PTSD   ( Remember request for IU is actually asking for increase.)

You must be unable to maintain substantially gainful employment as a result of service-connected disabilities (marginal employment, such as odd jobs, is not considered substantial gainful employment for VA purposes).

I advise you  to send in the evidence they are asking for 

This means you get all your medical records within the last 3 years  private or from the VA and it needs to show that your PTSD Has got worse within the last 3 years above the 70% rating criteria.and also your trauma events in detail (stressor's  or Markers.

I advise you to get in Voc Rehab and see if the VA Counselors can find you a job the meet the required income  VA Has there standard income threshold

If they can't find you anything you can do including (easy sit down jobs jobs ect,,,ect,, the counselor will usually write you a letter stating that it is not feasible to retrain this veteran at at this time due to his/her S.C. Disability

SEND IN THIS LETTER AS YOUR EVIDENCE AND REQUEST THE IU

It also helps to have a qualified Dr Opinion on your 70% S.C. Disability stating that your unable to keep employment due to your S.C. Disability.

jmo  other members  can chime in please.

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22 hours ago, Buck52 said:

First you need to get a letter from the VA (Your R.O.) Advising you about the stressor's events and what they need from you to sub-stain evidence to warrant an increase and you will more than likely be sent to a Forensic C&P Exam.

or

(Perhaps this is a letter for your 2 Year PTSD Evaluation?

If you sent in for an increase after 3 years of being 70% S.C. For PTSD  This prompt the VA to ask you for more evidence on your events that caused your trauma  ( the severity has to be worse than a 70% )

as Medical evidence is how they adjudicate claims  for increase after you have been rated for a injury or disease  in other words they need to see medical documentation that your PTSD as increase more than 70%

 If your asking for IU because  this 70% S.C. PTSD  is causing you from finding employment   or you can't find a job because of your 70%S.C. PTSD   ( Remember request for IU is actually asking for increase.)

You must be unable to maintain substantially gainful employment as a result of service-connected disabilities (marginal employment, such as odd jobs, is not considered substantial gainful employment for VA purposes).

I advise you  to send in the evidence they are asking for 

This means you get all your medical records within the last 3 years  private or from the VA and it needs to show that your PTSD Has got worse within the last 3 years above the 70% rating criteria.and also your trauma events in detail (stressor's  or Markers.

I advise you to get in Voc Rehab and see if the VA Counselors can find you a job the meet the required income  VA Has there standard income threshold

If they can't find you anything you can do including (easy sit down jobs jobs ect,,,ect,, the counselor will usually write you a letter stating that it is not feasible to retrain this veteran at at this time due to his/her S.C. Disability

SEND IN THIS LETTER AS YOUR EVIDENCE AND REQUEST THE IU

It also helps to have a qualified Dr Opinion on your 70% S.C. Disability stating that your unable to keep employment due to your S.C. Disability.

jmo  other members  can chime in please.

OK. So, I applied in Sep of 2018 for ptsd but had an open claim since march in an attempt to retrieve the 10% for gerd/hiatal hernia.  I was awarded 70% in December but it was retro'd back to March.  I'm learning now that I should have filed for IU when I filed for my initial claim of PTSD as I'd been unemployed for over 3 years. 

I guess I just don't understand exactly what they want from me.  They said they sent me a letter asking about my PTSD stressors and what I sent back wasn't sufficient enough for them to request info from jcc or somebody.  I'm so confused right now!!! I just don't know how to respond.  I did not get a letter from them about any ptsd stressor.  When I was awarded the 70%, I did provide them with incidents that occurred during the military that caused my symptoms of PTSD and I am assuming that is how I got the 70%, but now I'm not sure what they're asking and what letter they're talking about. Is there a way to talk with them directly so I can get more clarity?

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Just to make sure I understand correctly, you are currently receiving disability compensation for PTSD at the 70% level. Is that correct? 

If so, I am wondering if the letter asking you for more details on your stressors might be a mistake. Verifying stressors is something that happens before a veteran is service connected for PTSD. Once you are service connected why would they go back to the service connection question?

It's like them saying, "You are service connected for PTSD, so we want to confirm that you have PTSD." As Spock would say, "that does not compute." 

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