Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

IU denial despite positive IMO

Rate this question


Curmudgeon

Question

Good morning all,

Most of my claims battles with the va have been relatively smooth, until now. I am presently 70% MH, 10% right knee pain, 10% left knee pain, 10% tinnitus, and 10% pes planus for 80% combined. Have been 80% combined since 2009. Well, i had a major traumatic experience at my former employer which caused me to have a total breakdown. I sought help and was advised to file for IU. 

My initial filing was August of 2018 and I was administratively denied in December due to missing a QTC c&p exam that was scheduled while I was out of the state and unable to return in time despite frequent calls to QTC and peggy that I couldn't attend (even provided itineraries and tickets as proof). I paid for an IMO and it was a complete psychological evaluation spanning a gamut of tests including: the Lawton instrumental activities of daily living scale; repeatable battery for assessment of neuropsychological status (RBANS); behavior rating inventory of executive function adult version; beck depression inventory II; beck anxiety inventory; life event checklist 5; ptsd checklist for dsm-5; and finally the Minnesota multiphasic personality inventory 2 restructured form.

Well, despite language in my summary that says "Mr. Omitted has had an increase in anxiety and trauma triggers from his recent employment history that has contributed to his inability to function effectively at work, home, and in his interpersonal relationships." The VA denied me because my evidence did not state that I am unable to secure or maintain substantially gainful employment. 

Despite the really long winded post, I guess my questions are: should I attempt to have the Doc clarify and use specific terminology contained in 38 CFR 4.16(a)? Assuming I get the clarification, should I request a supplemental review? If I do not receive the clarification, should I request a higher lane review? Or at this point should I retain an attorney to fight. My VSO is entirely worthless and the only benefit to using them is that the state service officer I go to for periodic advice is able to see what the vso puts into the system. Any help would be appreciated. 

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • 0
  • HadIt.com Elder

if you are currently working this kills the deal for IU

Also you quoted

Despite the really long winded post, I guess my questions are: should I attempt to have the Doc clarify and use specific terminology contained in 38 CFR 4.16(a)?

This is used as an extra scheduler decision 

and is for veterans that are rated under the 100% but still can't work due to there S.C. Disability    the CFR 38 4.16 was created for this reason.

You can't be working and file for IU.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use