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My latest "what part of no don't you understand" from the Roanoke puzzle palace

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kanewnut

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I have attached the latest denial from my most favorite VARO - Roanoke. For any of you that may have kept up with this humorous saga you will see the laughable points the mental midgets( VA raters) make. The many forms listed are all the hoops they had me jumping through just accept a CUE. I am not sure of what finally convinced them. I made many IRIS inquiries, multiple calls to Peggy(1-800-827-1000) and wrote several letters to the big honcho(VA Secretary).

I have attached the CUE pages that I filed. This was originally all I sent then for the CUE. They treated it originally as correspondence. That is when I got into all the IRIS inquires, Peggy calls and finally letters to the big honcho. 

I am looking forward to any comments anyone may have. I will point out later all the humor they have included in the 2020-04-28 decision. It really should have been done and sent out on 1 April.

    

2020-04-28 VA Denial Redacted for Hatit.pdf 2019-08-20 VA CUE Redacted for Hatit.pdf

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  One thing that jumped out at me is that they said your condiition "didnt improve" but they reduced your percentage anyway.   Thats like a police man saying, "well you were not speeding, but I decided to give you a ticket for speeding anyway".  

There is something that bothers me, tho.  

I won my tdiu claim, eventually,  because my attorney advised an IMO "even tho" my doc had already opined I was unable to maintain SGE due to sc conditions.  Reason.  VA has a propensity to deny tdiu because you didnt have a great voc rehab counselor opinion.  You see, its not enough you cant do your present job, you need evidence you cant do any job.  

Example:  Your doc says your unable to perform your job due to your SC knee disability.  You are no longer able to move boxes in a warehouse.  But, theoretically, you could retrain as a computer programmer and not need good knees to do that.  So, the VA wants a voc rehab couselor to explain that retraining you is not a great option..(list reasons):  you are not technically inclined, you are too old to retrain as a programmer (people dont want to hire 63 year old programmers who just learned programming) and, you have barriers to be retrained.  

So, to win it you need to submit an IMO from a voc rehab counselor.  This is what I did and won.  

Your cue, was excellent tho, You cited 4.6 (Berta's favorite).  

The other thing I dont know is what evidencee the VA had (has).  This is always the wild card, because Va has a habit of losing your key evidence.  

Edited by broncovet
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  • HadIt.com Elder

I would think this Rater never read all your evidence and was ''just denial happy'' with all your disability condition, all them together should render you unemployable (jmo_

but as broncovet mention the Voc Rehab letter from the counselor  is very good  evidence,

After I was evaluated for Voc Rehab  they could not find me anything I could do  as for as working or even going back to school to find a specific job  due to me s.c . disability.

The Letter the Voc rehab counselor wrote for me mention that this Veteran is un-trainable at this time due to his S.C. Disability.

Although I did get a IMO from a Outside  Specialist as  he went into full detail about my disability, they used that as my favorable evidence along with the VocRehab letter.

And Notarized lay statements from family and friends that has known me for years to describe my disability and the impairment it caused me,  they would mention although I am not a Dr But I have witness ***** having a very hard time with his disability that was caused by his military service.

I had no letter from my Dr stating due to me s.c. Disability  I could not work,(which haunts me now for better EED) 

but had I medical evidence to show I could not work and that's what kanewnut has for his evidence  even for sedentary  jobs  that's why I doubt the rater read all of what he needed to read.

Being Ms berta is the CUE Expert here on hadit  when she reads this she can help   I do believe they committed a CUE here by not following all the regulations but I am not good with CUE

Just hang in there and Ms Berta can help.

Edited by Buck52
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  • HadIt.com Elder

I had thought Ms Berta mention this was a very good CUE?

, I am fairly sure after she reads your denial letters she will be the biggest help  you/we have here on Hadit. 

I am thinking this must been a Rookie Rater?

This rater obviously never read though all your evidence  and if a Senior Rater had looked at it I am sure the outcome would be different.

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  • HadIt.com Elder

broncovet  mention

''The other thing I dont know is what evidence the VA had (has).  This is always the wild card, because Va has a habit of losing your key evidence.''

If Kanewnut has his recent C-file Shouldn't that be what the VA has in their files?

This is why we need access to the VBMS  Grrrrrrrr   

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8 hours ago, broncovet said:

they said your condiition "didnt improve" but they reduced your percentage anyway

Can you point this out to me? I am missing it. 

 

8 hours ago, broncovet said:

VA has a propensity to deny tdiu because you didnt have a great voc rehab counselor opinion.  You see, its not enough you cant do your present job, you need evidence you cant do any job. 

The last page of my CUE was the letter from the VR&E counselor. The second sentence states "The evidence of record in your case indicates that your Primary Care Physician has indicated that you are unable to work and that your SCDs are permanent in nature." 

The VR&E evidence is not listed under the section EVIDENCE.

Under REASONS FOR DECISION 1. Whether the denial of entitlement to Individual Unemployability was a clear and unmistakable error. They list yet again "the evidence of record does not show that you terminated your employment due to your service connected disabilities." I pointed this out to them in the CUE. They also state that I was denied SSDI on January 12, 2006. In my research so far I don't think they even got the date right on this. My research shows it was January 16, 2006. But later on January 12, 2007 I was awarded SSDI with a date of December 2005 as the date my payments start. 

9 hours ago, broncovet said:

Va has a habit of losing your key evidence.  

I checked with DAV and they looked into the record and the VR&E letter was in my file. I have sent it to them several times. In one of their ridiculous decisions they acknowledge the VR&E report, but say that other evidence shows your disabilities don't prevent you from all employment. This is hilarious. I get SSDI solely for SCD's. VR&E has said I am unable to work and my SCD's are permanent. 

 

7 hours ago, Buck52 said:

why I doubt the rater read all of what he needed to read

I don't know what they are reading. They are listing a lot of stuff. I have written multiple letters to the VA  Secretary pointing out this crapola, but I don't know who is actually reading them. I called the OIG office but they said they couldn't help. She did suggest that I could talk with my congressman. I have send some of the stuff to one of my senators but that was a waste of time. They just forwarded it to the VA and I got a response from VA before the same response was forwarded to me from the senators office.

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  • HadIt.com Elder

If you were denied , Appeal ASAP, some say head straight to the BVA  but that may take a lot  longer? waiting to get on the docket ect,,ect,,

I would Appeal and ask for a DRO Hearing at your R.O. you have 60 days have after they send you back the approval for the Hearing and let you know when it is date and time?

, take your evidence you have on record, all of what you submitted before because they failed to read it  that's obvious...it could be a CUE But this mess could be straighten out with a DRO &  hope you get a good one.

If they failed to read it how can they come back and say  you already submitted it as evidence ? or you may just want to wait and see what Ms Berta Advises?

DRO can approve your claim right there at the hearing and expedite it up, BVA is ok too but you will have to wait a lot longer for a decision. and then it will more than likely be in remand for a while? We never know for sure?

I am thinking this rater was assuming that your conditions all of them all the ones you filed on did not warrant IU  or any rating ? and you need to prove he was wrong.  you do that with medical evidence  that you have.

High lite All your favorable evidence that you want the DRO to be sure to read. (SEND IT IN WITH YOUR REQUEST OF A   DRO HEARING )..he should read this before your hearing  and take copy's of all your evidence to the Hearing  incase the DRO don't have it? you will and you can whip it out on him right then and there...

Always be courteous and well mannered with this DRO  he is the one that can approve all your claims right then and there...yelling at a DRO will only get you another denial. 

 Anyway you can show him your conditions in person and show him your unemployable .and you need some help from the VA.  

If you are on SSDI take that award letter to your hearing also.

Now if the DRO denies you  then Appeal to the BVA but if it was me I'd sure request a DRO Hearing.

A LOT OF VETS DON'T LIKE THE DRO HEARING..OF COURSE THEY DON'T IF THEY WERE DENIED.

BUT ITS YOUR CHANCE TO LOOK THIS MAN IN THE EYES AND SHOW HIM YOUR DISABILITIES ARE REAL.AND YOU HAVE THE MEDICAL EVIDENCE TO PROVE IT.

How ever they may not be doing Hearings at the RO?

.  BUT THEY PROBABLY WILL DO THEM BY TELE- HEALTH CONFERENCE  ..WITH VIRTUAL MEETING VIA COMPUTER AT YOUR HOME.??  DUE TO THIS CORONAVIRUS COVID 19 CRAP.

ITS LIKE BEING THERE BUT YOU DO IT THROUGH THE COMPUTER SCREEN

I wish you the best 

 

Edited by Buck52
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