ptsd Appeal W/non Sc Ssd

[Cavman]

old romad`s appeal results makes me worry more about my appeal. I am getting SSD for a non SC disability and have asked for IU in my SC Ptsd appeal. Even though 2 IMO`s state I`m unemployable, I was already unemployable on SSD. Can this have an effect?

Cavman

[Cavman]

Isn`t there a written VA rule somewhere that SSD is not supposed to have any bearing on VA decisions regarding claims/appeals?

Cavman

[john999]

I can tell you the VA used half a sentence in my own IMO report to deny IU. The IMO was done by a clinical psychologist. He gave me a GAF of 40. I was already at 70% and trying to get IU. The psychologist mentioned that I had shoulder pain. The VA blamed my IU on the shoulder even though I had SSDI and disability retirement from post office due to a SC emotional disorder. Anything you give them they are going to use against you, so only give them stuff that supports your SC condition. I had three doctor's reports and years of medical stuff from the VA and yet they focused on my shoulder pain. I won eventually but it took another IMO and a year of appeals. IU is granted for SC conditions that are the sole cause of your inability to hold a job. Like Phil says they are not your friends and don't want to pay.

[old romad]

I can tell you the VA used half a sentence in my own IMO report to deny IU. The IMO was done by a clinical psychologist. He gave me a GAF of 40. I was already at 70% and trying to get IU. The psychologist mentioned that I had shoulder pain. The VA blamed my IU on the shoulder even though I had SSDI and disability retirement from post office due to a SC emotional disorder. Anything you give them they are going to use against you, so only give them stuff that supports your SC condition. I had three doctor's reports and years of medical stuff from the VA and yet they focused on my shoulder pain. I won eventually but it took another IMO and a year of appeals. IU is granted for SC conditions that are the sole cause of your inability to hold a job. Like Phil says they are not your friends and don't want to pay.

How right you are, I had ptsd on my ssdi as well as spinal trouble, two imo's from my doctors saying unemployable from both, I would advise anyone not to mention ssdi.

[LarryJ]

Isn`t there a written VA rule somewhere that SSD is not supposed to have any bearing on VA decisions regarding claims/appeals?

Cavman

No, actually I've seen something and posted it once, that the Congress has instructed the VA to go along with the SSA when the SSA has determined that you are qualified to draw SSDI ( obviously, this only applys where the condition that you are drawing SSDI for is the same condition that you should be drawing TDIU for).

[Guest fla_viking]

Dear Jhon

The VA side steping issues is the tactic and it does not matter what the veterans provides. In my case all they had was my disablity before them. They rated me 30% by using the disablitys listed in the DSM 3 that I did not have. It was a deperat grasp at straws by the VA.

I argued against the VA saying it was unfair to require me to exhibit every symptom listed in the DSM 3 so the VA could not pick one I did not have and deny my claim. It took years of appeals but I won.

Unless they change the VA people who use such cheap tricks. There is nothing the vet can do. The VA will continue to pick any thing they want to string out a claim. It is up to the vet to fast track there own claims around the VA stall tactics.

Terry Higgins

[Berta]

"Isn`t there a written VA rule somewhere that SSD is not supposed to have any bearing on VA decisions regarding claims/appeals"

There is an old reg somewhere about this- However the CAVC long ago-stated that SSDI records should be obtained and considered by VA particularily when the SSDI award is for the same condition claimed as SC.I sent VA in 1992 a copy of Washington V Derwinski with the award letter Rod had from SSA.

The DAV NSO was very negative as to whether his SSA award would help or not-

I sent the NSO a copy of Washington V Derwinski too-then he changed his tune-

My husband had SSA award 100% PTSD-but the VA failed to obtain these SSA records for years-

as I recall a VA psychiatrist who began treating him shortly before his death- stated that

not only was he receiving SSA for PTSD but the doc also listed the test results of 6 psychiatric

tests he gave Rod, gaf 34 0r 26 -maybe he had both-said he was unemployable due to PTSD and his PTSD from Vietnam was catastrophic.

I dont know if VA ever did get those SSA records-

Even if the SSA award is not for potential service connected conditions- it could possibly be at some other point in time-

what I mean is for years vets probably had SSA for diabetes so severe it had caused other major disabling conditions.

If they claimed it and were denied-and were AO vets, when the DMII regs came into play-

those SSA records were very probative to award the vet a proper DMII rating.

In many cases DMII vets, denied by VA -received SC awards and lots of additional retro due to the newer DMII regs and the AO Nehmer decision.

Full story in the VBM.

Edited February 6, 2007 by Berta