tdiu Is Total And Permanent Needed For Individual Unemployability?

[tssnave]

Is it necessary to have a “total and permanent” assessment verified to get Individual Unemployment?

The reason I ask is that I have a form from my POA for my doctor to complete. It has the rating schedule for mental disorders at 70% (where my symptoms fall out) and 100% (where, thankfully, they don’t). However, because of my symptoms, I am not able to hold down a job so we are going to go for 100% IU. I haven’t worked for the last several years other than a brief job that I got fired from due to my sc mental disability causing attendance and concentration problems.

In addition to the 70% and 100% rating criteria, this form also asks if the doctor believes that “In your opinion, is the veteran unemployable due to his service connected psychiatric condition (to include sedentary employment) Yes/No.”

OK, no problem with that one. I believe both my doc and psychologist will say yes to that one due to my problems and work history I am unemployable.

There is a second question that asks, “In your opinion, is the veteran’s service connected psychiatric condition permanent and total in nature? Yes/No”

I believe this last question will present a problem. Even though I have been treated for my mental disorder for over 25 years and have had severe reactions to psychotropic drugs, since there are new drugs on the market that I have not tried (and am afraid to try given the severe reactions I’ve had to other drugs) I do not believe either one of them will say yes, it is permanent and total.

No psychologist wants to say he can’t fix you with counseling and a referral to a psychiatrist for drugs. My primary care doctor refuses to prescribe any psych meds because of my past history with bad reactions and wants me to go to a psychiatrist as well for a med referral. At the present, I have not gone to a psychiatrist nor do I intend to (look, I’ve almost killed myself on psych drugs and at least when I’m not on drugs I don’t kill myself – call me crazy, I do have mental disorder – but I just don’t see the percentage in trying any more drugs).

So, while I believe they will check the rating schedule for 70% which is where my symptoms fall out and they will check yes for unemployable, I do not think they will check yes for permanent and total.

If they say that my psychiatric condition is not permanent and total in nature will it prevent me from being rated 100% for Individual Unemployability?

Thanks,

tssnave

Edited April 3, 2007 by tssnave

[jecsb4]

JES

Get new evidence and send it in and don't worry about the wording of the "permanent worsening" of your condition. Evidence is what wins claims. When I was working on my claim for IU I sent every bit of evidence I had or could develop. I did not care about the VA's wording except in so far as they said "TDIU Accepted". Get another IMO to support your claim and submit it. This is how I won all my claims by submitting evidence. Let the evidence speak for itself. Don't get hung up arguing with the VA about some judgement. Just overwhelm them with evidence.

Thank You John999,

You are right, MED evidence!

[Jay Johnson]

Hoppy,

You wrote, "Your GAF of 49 might not be low enough for them to give you a 70%" - please tell me that the VA cannot use your GAF score alone as the sole determination for your rating. Don't they have to consider the actual words that the examiner writes about your disability?!?

My IMO doc gave me a GAF of 35 so if this is the issue with my rating hopefully the IMO doc's GAF should help.

I have a letter from the CPA who does our taxes stating that I haven't worked since 1998 and then I only earned $4,000. Will send that in as well.

Thanks for the post.

TS

Tss,

I'm sorry I haven't written sooner, but the wife decided to stop taking her meds and subsequently had an episode that landed *ME* in jail on July 4th (not one of my better holiday memories)....long story.....

Anyway, the VA tends to use your GAF against you and not for you. In other words, if your GAF is low, they will ignore it; if it is high they will use it to low-ball you. It's standard stuff for PTSD.

I just got back home today and I really don't have time to read all of the posts since the 4th, but, with what I have read, I would say that you should get a copy of the VA criteria for mental disorders and use it in conjunction with some good IMOs to get a better, and more fair, rating. In each of my wife's decisions they cited that criteria word for word in their decision, so you need to provide that to your IMO (or IMOs) in order to word your appeal appropriately.

As for the daily function stuff - that seems more like an aid and attendance issue then PTSD. Although the 100% level does mention an inability to care for oneself in terms of basic daily functions, I don't think it's a point of emphasis for the VA raters. In fact, I don't think I've ever heard of the VA awarding A&A based on that criteria.....my wife's A&A was due to the threat she posed to herself and others and made no mention of her inability to bath, feed and take her own meds. It's probably not impossible, but I doubt the VA would give much weight to someone who, in essence, "chooses" not to groom themselves (though I strongly disagree with that statement; it is how most people feel in this country).

Anywho, I'll check back in as I can, but I'm trying to keep the wife out of the mental hospital ATM and dealing with a with a legal system that is completely ignorant about severe mental disorders. BTW, if anyone lives in the state of WA never, EVER call 911 for anything...you're better off letting someone kill you before calling those bastards!

Edited July 20, 2007 by Jay Johnson