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

[kanewnut]

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

[Vync]

@kanewnut I agree. Seen garbage like this happen too often. I ended up faxing my copy to the intake center. But in your case, you already provided it to them. If it was authored by the VA, they are deemed to be in constructive receipt of it -- even if it gets misplaced and was never reviewed when the decision was made. Having them examine evidence of record that was never reviewed could be CUE and/or new and material evidence. Either way, it should be treated as if it was in their hands when they made the decision.

[kanewnut]

As I am reading through my decision I noticed on page 3 of 8 it says - 

Prior employment or unemployment status is immaterial if your disabilities render you unemployable (specified under 38 CFR 3.340, 3.341, 3.343 and 4.16). 

We have denied individual unemployability for your lumbar spine, cervical spine, bilateral upper extremities, and adjustment disorder because the evidence does not show that you are unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. Additionally, the evidence of record does not show that you terminated your employment due to your service connected disabilities.   

They say unemployment status is immaterial but keep saying you didn't terminate employment due to SCD's. Makes no sense to me. They say the evidence does not show I am unable to secure or follow a substantially gainful occupation as a result of my SCD's. Does this mean that a SSA decision that I have a severe mental condition and can't work so I receive SSDI is valid evidence? Does this mean my VR&E report that says SCD's prevent employment and are permanent is not valid evidence?

[Hucast21]

1 hour ago, kanewnut said:

As I am reading through my decision I noticed on page 3 of 8 it says - 

Prior employment or unemployment status is immaterial if your disabilities render you unemployable (specified under 38 CFR 3.340, 3.341, 3.343 and 4.16). 

We have denied individual unemployability for your lumbar spine, cervical spine, bilateral upper extremities, and adjustment disorder because the evidence does not show that you are unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. Additionally, the evidence of record does not show that you terminated your employment due to your service connected disabilities.   

They say unemployment status is immaterial but keep saying you didn't terminate employment due to SCD's. Makes no sense to me. They say the evidence does not show I am unable to secure or follow a substantially gainful occupation as a result of my SCD's. Does this mean that a SSA decision that I have a severe mental condition and can't work so I receive SSDI is valid evidence? Does this mean my VR&E report that says SCD's prevent employment and are permanent is not valid evidence?

I agree with you that the VA’s logic doesn’t make sense. One important thing I have recently come across in regards for filing TDIU is this:

If SSA grants SSDI/SSI to veteran for a non-service connected disability, the VA will then turn around and use that against the veteran to deny TDIU. To me, that is straight bullshit but it has happened to a lot of veterans in the past.

I was also warned about this from vocational expert Patrick Clifford himself. He told me that I should first get TDIU, then go for SSDI.

I need some type of income, so I recently sought legal representation for SSDI, in the hopes of BVA granting service-connection first before my SSDI claim is approved. If I am approved for SSDI first before the BVA grants my appeal, I’ll just sit on the SSA reward letter and play dumb.

Edit: I just wanted to edit my post and let anyone who is reading this topic to be wary about using an SSA award for a non-service connected disability for TDIU approval.

When in doubt, get approved for TDIU first, and then apply for SSDI if you still meet the requirements.

Edited May 15, 2020 by Hucast21

[kanewnut]

27 minutes ago, Hucast21 said:

If SSA grants SSDI/SSI to veteran for a non-service connected disability

My situation has absolutely nothing to do with that.

Non-service connected disabilities have nothing to do with VA ratings. 

[Hucast21]

21 minutes ago, kanewnut said:

My situation has absolutely nothing to do with that.

Non-service connected disabilities have nothing to do with VA ratings. 

You’re right. My post was more of a warning to other veterans about applying for SSDI and TDIU.

In your case, the VA is just pulling your chain. Take it to the BVA or higher.

[kanewnut]

2 hours ago, Hucast21 said:

warning to other veterans about applying for SSDI and TDIU

I don’t think you are following what I am trying to tell you. Do a search for m21-1 TDIU. You probably need to read the entire thing. You especially need to read the part about 2.  Evaluating Evidence to Establish Entitlement to IU. Pay particular attention to the discussion about SSA and service connected. In VA speak your claim is not credible.