Solid Proof for TDIU CLAIMS

[Ddsr]

I say this very seriously to all of my fellow Vets that qualify for TDIU. The single greatest evidence one can have for both SSDI claims, and, or TDIU claims Unemployability is to get a FREE, keyword, FREE, evaluation from a chapter 31 VOCATIONAL REHAB Specialist. I am very willing to assist and guide on how to go about doing this please ask.  

[Buck52]

 Ddsr,

Gastone had mention to me about you,  he said you was a hot head and would not listen to him and he mention that you were lucky you were approved for the IU.

so please don't give out this information that a feasibility letter from Voc-Rehab letter is all a veteran needs to win a TDIU CLAIM...and a good favorable C&P EXAM...most veterans know they need a good favorable C&P Exam  in all claims.

This just confirms that a feasibility letter is not all you need to win a IU CLAIM it helps but you need more evidence that just that.

The feasibility letter was not much help, but they still have to Consider  it as evidence in your favor.

 The best evidence in my opinion is a  medical opinion with  rationale  (reason you can't work)      letter from a qualified Dr that examined you and read your medical records and give his opinion on all your conditions and state that ''it is my professional medical opinion after examining this veteran and reading his medical records    it its likely as not this veteran can't do any type work to include sedentary work due to his his service connected disability s''

They are denying you because you don't have a letter from a qualified Dr that says you can't work or do sedentary work due to your s.c. disability  that is permanent in nature an Its likely as not to show no improvement in this veterans life time 

 JUST SAYING YOU CAN'T WORK IS NOT GOOD  THEY WILL EAT THAT UP EVERY TIME

The Dr needs to give a medical explanation as to why you can't work. and along with the Voc-Rehab letter that shows they can't find you any work due to your service connected disability's   they can't say just your disability s they need to say your service connected disability s 

I agree they didn't read all the veterans evidence and when that happens the veteran can CUE THEM ON IT. 

IF THE EVIDENCE THAT WAS NOT READ (OBVIOUSLY)  AND IT WILL CHANGE THE OUTCOME OF YOUR CLAIM  YOU CAN FILE THE CUE.

Actually I had thought you won this with a CUE Claim?  

Only other thing I can had is if you write way to much before getting to your point or your most important parts  like your evidence,  those raters don't like to read long and drawn out statements   so the veteran needs to get to the point soon within his statment  other wise they won't read the parts they need to read and this usually ends up a denial.

if you been denied on this  you need to Appeal and take it to the BVA.

YOU SHOULD WIN THIS  (JMO)

Edited June 9, 2020 by Buck52

[GBArmy]

Allow me to state the purpose of this forum is primarily for veterans to ask questions and ask for guidance/opinions concerning disability and VA issues they may be going through. I responded to your comments as objectively as I could. If I offended you, I certainly didn't mean to and I apologize. That said, if you already knew the answer to your questions and didn't need any responses, why did you post in the first place? No need to reply.

[Ddsr]

4 hours ago, kanewnut said:

March 31, 2020 
 
Dear Secretary Wilkie, 

I have gone through each of my VA decisions since I first applied for IU(individual unemployability). The decisions are rather interesting to read through all at one time. Mr. Secretary this would be comical if not for the fact that we are dealing with my life here. 

In the decision from 2003-06-20 it states that I quit without notice and there is no indication I left work because of a disability. The VA examiner provided the opinion that my service connected disabilities do not prevent me from some type of employment. I cussed out my supervisor when I quit. Could this be part of a mental issue the VA ignored?

In the decision from 2008-07-22 it states “The evidence showed did not show you terminated your last employment due to your service connected disabilities.” I am not sure what this means. This decision again states that I quit without notice. Nothing in this decision talks about my grant of SSDI(Social Security Disability Insurance).

In the decision from 2010-08-16 Lab Corp stated “They also stated that they have no record of a disability.” Why would they? Did I have a rating when I went to work there? No. I started working there in October 1996. I did not have a VA disability rating then. Does it matter what Lab Corp knew about my disabilities? Lab Corp is not the one I am applying for benefits from. The decision also stated “At your VA examination it was determined that your service connected disabilities are not severe enough to prevent employment. The symptoms of your adjustment disorder appeared to be moderate and your disability does not render you unemployable. Your symptoms, while bothersome, did not appear to be severely debilitating and wound not hinder you from working. In connection with your spine disabilities there was no functional impairment that would prevent you from any employment.” This sounds like there is nothing wrong with me. It is already a well established fact of record that I am unable to do manual labor. This was established in 1985 while I was on terminal leave from the Army. I worked one day in tobacco, something I regularly did prior to joining the Army. That manual labor nearly killed me.

Also stated in the decision “Although you have been awarded Social Security disability benefits based on disorders of the back, your recent VA examinations have provided evidence that your service connected disabilities do not prevent your from gainful employment.” Apparently the rater never even looked at the SSDI award. If there is nothing wrong with me why am I on SSDI? Was my record even reviewed? I was not awarded SSDI based on disorders of the back.

In the decision from 2016-02-10 it lists the symptoms for a higher evaluation of 70 percent for chronic adjustment disorder with mixed emotional features/depressed mood. The first one listed is suicidal ideation. That has been a fact of record in my medical records since I was assigned my first VA doctor, Dr. Wall in 1999. It also lists impaired impulse control. I wonder if that would include cussing out my supervisor. 

In the decision from 2019-03-06 it states that “Your back condition shows that it may limit you from performing physical labor but does not sedentary employment.” Didn’t the decision from 2010-08-16 state “with your spine disabilities there was no functional impairment that would prevent you from any employment.” The key thing here is “any employment”. Isn’t that saying there is absolutely nothing wrong with me? The last work I did before I became too disabled to work was sedentary. Where is my SSDI documentation? Where is my VR&E documentation? 

In the decision from 2019-05-09 stated “your disabilities do not prevent you from all employment. Your back condition shows that it may limit you from performing physical labor but does not sedentary employment.” What is a computer programmer analyst? Is that not sedentary employment? Where is my SSDI documentation? Where is my VR&E documentation?

In the decision from 2019-07-12 it stated “Letter from Vocational Rehabilitation and Employment Division shows that your primary physician stated you are unable to work and that your service connected conditions.” What does this mean? Did the Secretary mean to say “ The Letter from Vocational Rehabilitation and Employment Division shows that your primary Care physician stated you are unable to work and that your service connected conditions are permanent in nature.”? The decision also states “other evidence shows your disabilities do not prevent you from all employment.” Now this is a new argument. Where does it come from? What is this new evidence? When and how did it suddenly show up in the record between 2019-05-09 and 2019-07-12? 

Mr. Secretary you can see that these arguments are all over the board. From my point of view this appears to be a case of develop to deny. 

Sincerely,
 

 

Do you have a copy of the Voc Rehab Feasibility Letter? A great piece of advice is to continue going to the VA hospital and telling your primary Dr. your conditions. Depression your back etc. etc. So the current denial was in 2019? If so make sure you appeal and quickly start getting records at the VA showing your conditions. Those Primary Dr. visits are very important as you can also read what the Primary Dr. puts in his or her notes. 

[Ddsr]

2 hours ago, GBArmy said:

You are frustrated and annoyed because the VA doesn't seem to listen , evaluate or consider your evidence. Don't blame you. Most of us have been there, done that. If you just need to vent, this is a good place to do it. But not very constructive. We are not sure why the vocation rehab feasibility letter didn't fly, but I do know something about appealing decisions. There probably was enough "gray area" in your evidence for them to deny. Once you get a denial, it seems to be especially hard to win on appeal; the VA just goes back to the original rationale for denial. You have to very objectively evaluate the feasibility letter; does it say you can't work, or what. Gray area? If you're at 90%, and been been shot down, I would consider getting a lawyer that has TDIU experience. You probably have to provide new evidence, maybe another study/letter to support what you have AND he will have to refute their denial reasoning. Fair or not, you were denied, so you have to appeal so work on it. 

I agree there seems to be a gray area. The VR Feasibility Letter seems to not state you cannot obtain employment. The letter must state this. If there is writing on that letter that does not state this then it is not helpful. You do seem Kanewut to have much negative evidence stating you can maintain feasible employment. That is why it is important to continue having the VA Primary Dr. updated with visits. These visits are in the notes on MYEHEALTH which you can read. The raters look at this. I am not very hip to the appeal process so GBArmy can help you with that. It is also VITAL to have a good VSO. I learned that the hard way. Fired mine and got a dam good one and that made a lot of difference.

[Ddsr]

33 minutes ago, Buck52 said:

 Ddsr,

Gastone had mention to me about you,  he said you was a hot head and would not listen to him and he mention that you were lucky you were approved for the IU.

so please don't give out this information that a feasibility letter from Voc-Rehab letter is all a veteran needs to win a TDIU CLAIM...and a good favorable C&P EXAM...most veterans know they need a good favorable C&P Exam  in all claims.

This just confirms that a feasibility letter is not all you need to win a IU CLAIM it helps but you need more evidence that just that.

The feasibility letter was not much help, but they still have to Consider  it as evidence in your favor.

 The best evidence in my opinion is a  medical opinion with  rationale  (reason you can't work)      letter from a qualified Dr that examined you and read your medical records and give his opinion on all your conditions and state that ''it is my professional medical opinion after examining this veteran and reading his medical records    it its likely as not this veteran can't do any type work to include sedentary work due to his his service connected disability s''

They are denying you because you don't have a letter from a qualified Dr that says you can't work or do sedentary work due to your s.c. disability  that is permanent in nature an Its likely as not to show no improvement in this veterans life time 

 JUST SAYING YOU CAN'T WORK IS NOT GOOD  THEY WILL EAT THAT UP EVERY TIME

The Dr needs to give a medical explanation as to why you can't work. and along with the Voc-Rehab letter that shows they can't find you any work due to your service connected disability's   they can't say just your disability s they need to say your service connected disability s 

I agree they didn't read all the veterans evidence and when that happens the veteran can CUE THEM ON IT. 

IF THE EVIDENCE THAT WAS NOT READ (OBVIOUSLY)  AND IT WILL CHANGE THE OUTCOME OF YOUR CLAIM  YOU CAN FILE THE CUE.

Actually I had thought you won this with a CUE Claim?  

Only other thing I can had is if you write way to much before getting to your point or your most important parts  like your evidence,  those raters don't like to read long and drawn out statements   so the veteran needs to get to the point soon within his statment  other wise they won't read the parts they need to read and this usually ends up a denial.

if you been denied on this  you need to Appeal and take it to the BVA.

YOU SHOULD WIN THIS  (JMO)

You are a bad apple my friend. Please do not respond to my posts anymore. I know George very well and I know you are not an honest man. I would never take your advice. I can go back and read all of your comments that you stated on my TDIU claim. Full of bad advice. You take care I will always be praying for Vets like you that spew lies and divisions.

[kanewnut]

2 hours ago, Ddsr said:

Do you have a copy of the Voc Rehab Feasibility Letter?

Attached is the VR&E letter.

 

2 hours ago, Ddsr said:

So the current denial was in 2019?

The part that I added at the bottom of my post is from 2020-04-28. Note in it that the VA states I was denied benefits by SSA on January 12, 2006. I can't find that in my SSA records. What I can find is the January 12, 2007 letter granting me benefits. The benefits are. based solely on SCD's. I called Peggy(1-800-827-1000) and was told there are 130 pages of SSA records. But this rater claims to find a record that I was denied SSA benefits. SSA has an appeal process just like the VA. I used it and got my benefits. My SSDI started in December 2005.  

2018-12-18 VA VR&E Unable to Work Redacted.pdf