14 replies to this topic

[yoopergirl]

I was awarded a combined rating of 70% in 2008. I sent in a claim for IU permanent and total in Jan. 2011. My claim is still sitting in the gathering of evidence phase, I know have patience. What I am wondering is that I am rated at 50% for migraines which is the maximum and part of the criteria of that rating is that it causes sever economic impact on your ability to work, I am also rated at 30% for bipolar disorder and my VA Psychiatrist who I have been seeing for over 5 years has written a letter which I sent to St. Pete RO which stated that he considers be permanently and totally disabled but when I went for my C & P the "girl" who examined me for psych said I should be able to hold some sort of job. I am wondering which will weigh more heavily and if anyone has any opinion on my chances of being awarded IU permanent and total.


Thanks in Advance!

[yoopergirl]

How do I change my rank?

[Tbird]

How do I change my rank?

Rank changes by posts to various forums. It has nothing to with your military rank.

[Philip Rogers]

It may depend on your age. If you're 32yo, less likely, if you're 55yo, more likely. I don't think the C&P will hold much weight but you can never tell w/the VA. jmo

pr

[john999]

If I were you I would try and get an IMO/IME to say you are unable to work. I use the St Pete VARO and I find that unless it is spelled out by the weight of medical opinion that you can't work the VA may just deny TDIU. I was 70% and on SSDI and the St Pete VA denied my TDIU claim until I got more evidence in the form of an IMO.

[Dot09]

You also should have your Bi polar re-evaluated since you are requesting tdiu. 30% seems rather low. You've got your doctor's letter for tdiu, now you should focus on your MH increase.

General Rating Formula for Mental Disorders: Pick what you think you are

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name 100%

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships 70%

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships 50%

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) 30%

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication 10%

A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication 0%

There's two things with unemployment. One being unable to work due to injuries and the other not able to maintain substantial gainful employment due to your sc disabilities. For instance, you may be able to work 2-3 days a week sporadically, but not find the means to maintain gainful employment. ANYTHING over 900.00 dollars a month becomes gainful employment. However, there is a yearly margin as well. Lets say you made 1000 dollars for the last 4 months, but 8 months you did not work because of your sc disabilities. I'm not entirely sure on the last one, but i thought I read that some where.

Quote Yoopergirl
"when I went for my C & P the "girl" who examined me for psych said I should be able to hold some sort of job." Argue that it is not substantial gainful employment.

Edited by Dot09, 06 August 2012 - 04:56 AM.

[carlie]

If you receive SSA benefits (SSDI) that should also be considered and
factored into you VBA claim for IU.
BUTTTTTTTTTTTTTTT ..................

If some of your SSA award is based on conditions that are not SC'd then
VBA will use that to help support a denial for IU.
JMHO

[Dot09]

I found this post very helpful on unemployability posted by Rpowell01

http://www.hadit.com...now-about-tdiu/

More IMO info
http://www.hadit.com...ction-or-nexus/
 

Dot

Edited by Dot09, 26 April 2013 - 05:05 PM.

[cooter]

It also helps to know that anytime an increase of compensation is claimed (ie..IU)...each rated disability of the Veteran will be re-evaluated. JMO..The letter written by your VA psych is going to outweigh the impression of the C&P "girl" which more and likely wasn't a psychiatrist anyway. Even if she was, the rater should give the credit to your Va psych due to he/she was the treating Dr. at the VA.

In my IU claim, the C&P examiner also stated I can do sedentary work, but the rater disregarded that and credited the statements from my treating Dr's, therefore awarding me TDIU.

It would greatly help alot if you try to get an IMO like John mentioned. It would also benefit you more by using the IMO examples set forth in the IMO forem here. The examples are written in accordance to what the raters need to have for a proper IMO using the proper VA language. You can make a copy of it and give it to your DR that's going to write it for you so he/she can go by. This would add icing to the cake, sort of speak. If the Dr refuses to fill one out, ask if you can write it out and if he approves could he sign it. Make everything short but to the point. One or 2 pages should be suffice.

This is your claim and nobody is going to care more than yourself to try to get this awarded. I can honestly say, eventually you will win. So what you do right now is going to reflect on how long it's going to take and finally succeed. Good luck on whichever way you go!


Coot

[rpowell01]

IMOs hold more weight than a C&P examiner because you have to look at who is doing the C&P exams and who is doing the IMOs these days. Most C&P exams are being done more by RNs and PA instead of specialists that knows more about the issue. My last two C&P examiners was an RN and a PA but my IME who wrote my IMO is a specialist that knows the spine in detail. Make sure the IME/IMO gives the reasons why you can't work.

Edited by rpowell01, 06 August 2012 - 07:56 PM.

[yoopergirl]

Thank you everyone for the advice. I know everyone gets frustrated through this long long process. I am going to have my psychiatrist do an IMO statement and hopefully that will help as well.

[iceturkee]

IMOs hold more weight than a C&P examiner because you have to look at who is doing the C&P exams and who is doing the IMOs these days. Most C&P exams are being done more by RNs and PA instead of specialists that knows more about the issue. My last two C&P examiners was an RN and a PA but my IME who wrote my IMO is a specialist that knows the spine in detail. Make sure the IME/IMO gives the reasons why you can't work.

my last 3 c&p exams done over the past 18 months were done by doctors. the 4th was done by a shrink.

[john999]

If the VA can find one fragment of a sentence in your SSD records or IMO that states any other reason for your inability to work that is not SC the VA will probably deny your claim. There just has to be no doubt that the reason you can't work is due solely to SC conditions. The VA can twist a phrase into a pre-exiting condition or a NSC condition to deny TDIU. They did it to me and I had to get another IMO to clarify a previous IMO. It took an extra year.

John

[dee7038]

I have a question for you all.  I am currently rated at 30% for depression (anxiety, panic attacks).  Today I went to my MH doctor who is licensed as a psychiatrist/neurologist.  He explained to me that he wanted to completely pull me from working.  He said he feels that I should not be working at all.

 

I know that  I can't file for TDIU unless I am unemployed.  If I am on Family Medical Leave Act and not recieving any pay is that considered not being employed.  I would appreciate all the help and advice I can get on this.   

 

Respectfully,

 

[jbasser]

You are not physically working so file for the increase. DId you get the doc's suggestion in writing?

 

 

You may also want to consider filing for SSDI if you meet the requirements.

 

J