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

[Berta]

Spike- you said a mouthful --K.I.S.S.!

Keep it short and simple- or whatever way you put it---

and you are right- the RO is a production line- quantity not quality counts-this was clearly revealed in an Inspector General's report re: VAROs that I posted here last year.

They simply are not reading much beyond a page or two-

I have seen claims that involved long long renditions, pleas for sympathy, unsubstantiated statements that had nothing to do with the claim at all----

I get a lot of emails from some vet orgs regarding claims they want help with-

the worse thing I get is a LONG rendition by the claimant----

I dont even want to read long claims stuff-

I do considerable reading for school-and certainly read BVA decision and CAVC stuff every week-a long claim rendition bores me-so it must bore the RO too-

a claim is based on usually only two factors-

what is the current disability?

how can that be associated to the service period with an established nexus?

or as secondary to an already established SC disability?

or (I get a lot of widow claims)

how is the veteran's cause of death related medically to their SC or their service?

I-9s another thing- I posted a template here as to how to fill them out-

On Page one (that little area on the bottom got smaller since the 1990s)-when they ask why their decision was wrong-

tell them exactly why on page one-

expand on more pages if you need to but this is the main page they look at.

I-9s used to turn a decision around-

these days maybe they will read yours at the RO and maybe only the BVA will-

regardless- tell it all like it is- without long renditions.

[Hoppy]

Berta,

Yes, your explanation of kiss is well put. However, I would not take it so far as to tell the VA where the evidence is and rely on them to get it. My SO always submitted evidence a veteran had even if it would be available to the VA if they requested it. This gave the RO a better idea of what to look for. As it turns out the records the RO requested and the VAMC sent to the RO covered a period of many years and was a foot high.

I scanned the section of my decision where the RO said the VAMC did not reply and I scanned the document the VAMC gave me showing the name of the person at the RO who took possesion of the records.

I put these scans on my website five years ago where they remain to this day. For anybody who is interested how the VA could take 8 years to award a SIMPLE slam dunk case check out the link below. The scans I discussed here are at the bottom of the page.

http://www.anthemlabel.com/va.htm

Hoppy

Edited July 14, 2007 by Hoppy

[jecsb4]

/P is a status assigned to a rating by the VA after they have determined that the disability is static and no future possibility exists for improvement in the disability. It is not a requirement for any VA rating.

Well I guess I don't really understand something...I was rated as "SC permanently worsened" for migranes and depressive disorder yet they first denined me and on appeal? NOD awarded 30% for each.

If I am permanently worsened then why would I not be granted a higher rating??

[Vike17]

jecsb4,

You need to go back and re-read your post currently on page two of this forum titled "Award Letter Says Sc Has "permanently Worsened." There I already answered your question. Do you keep asking the same questions over and over in the hopes of receiving a answer that you want to hear???

Vike 17

Edited July 15, 2007 by Vike17

[john999]

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.

[jecsb4]

jecsb4,

You need to go back and re-read your post currently on page two of this forum titled "Award Letter Says Sc Has "permanently Worsened." There I already answered your question. Do you keep asking the same questions over and over in the hopes of receiving a answer that you want to hear???

Vike 17

Vike 17,

First again, thank you for your past help. You have called me on a question that I asked on the other thread and did again about perminately worsened. Your second part of your responce below...

"Also, if the issue on appeal was service-connection and not the amount assigned as an evaluation, then it is considered a full grant of benefits sought on appeal. When the issue is just service-connection, you can't do any better than that!"

I don't seem to understand. It is sad to say, (I guess for my mental state) but the answer you gave me about my permanently worsenned conditions confused me (second half). I know that your answer was good news but I have read it numerous times and for the life of me I could not really understand the details. I am embaressed to admit that but I am on this board for all to see that I really was confused by it and I didn't want to ask you a follow up question, because I figured being a Hadit Elder I was wasting your time. So thats it. Not that I want to waste anyones time...but I really am sensitive to the issue of asking questions that can be found on the search and I read Berta's post on this.

I guess its sad to say, but I am still confused. I wish I could call some on on this board.

Anyway, again, thanks for your help and your continued help!

jecsb4