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Nov 10 2009, 06:42 PM
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#1
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Senior Chief Petty Officer ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Group: Senior Chief Petty Officer Posts: 768 Joined: 20-June 08 Member No.: 3,990 Service Connected Disability: 50% Branch of Service: usaf |
Celli, Looks like more in your favor.. It does sound like the rater neglected or (nicer term-may have overlooked this valuable documentation). Hopefully with the appeal they will right the wrong doings they have done. Good luck girl. (IMG:http://www.hadit.com/forums/style_emoticons/default/wink.gif)
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Nov 10 2009, 03:35 PM
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#2
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Seaman ![]() ![]() ![]() Group: Seaman Posts: 10 Joined: 2-October 09 Member No.: 6,768 Service Connected Disability: 70% Branch of Service: USAF |
I met with my VA Rep this morning. He filed a letter of disagreement to include copy of my C&P which states that the Examiner found that I do have total occupational impairment due to mental disorder. As stated previously, I was increased to 70% but denied IU because they stated that the examiner did not find that I had total occupational impairment. Do you think this letter of disgreement might make a difference?
Thank you all and bless you all. |
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Nov 3 2009, 12:44 PM
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#3
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Senior Chief Petty Officer ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Group: Senior Chief Petty Officer Posts: 715 Joined: 21-December 08 From: North Carolina Member No.: 4,918 Service Connected Disability: 100% Branch of Service: usaf |
Strangely, my name and file number is on the top of the page containing information about the Vietnam Veteran. This is very upsetting to me because as someone stated, I'm not sure if HIS file is missing this page. Very frustrating indeed and upsetting. As for the IU denied, the reason for decision..it states: --------------- Evaluation of General Anxiety Disorder with panic attacks currently evaluated as 70% disabling. During the evaluation th examiner noted you were clean, neatly groomed, appropriately dressed. The exam reported psychomotor activity of hand wringing and tense. Your affect was flat. Your mood was anxious, hopeless, depressed, and dysphoric, slow in completing tasks, thought content was suicidal ideation, homicidal idiation and phobias. Sleep impaired, obsessive/ritualistic behavior, panic attacks when I go to certain places and impair my ability to function. Easily frustrated in completing tasks and becomes very emotional and cries if you are under pressure. The examiner diagnosed generalized anxiety disorder. It is not appropriate to establish entitlement to IU when you are no longer able to work in your chosen occupation, but rather it must be shown that you are entirely unable to work at any type of gainful employment at all due solely to your SCD. The examiner opined there is not a total occupational impairment due to generalized anxiety disorder with panic attacks. ---------------end HOWEVER, on my C&P results the copy I HAVE states: Is there total and social impairment due to mental disorder signs and symptoms? YES Does this make sense? One word - APPEAL (IMG:http://www.hadit.com/forums/style_emoticons/default/mad.gif) |
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Nov 3 2009, 09:05 AM
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#4
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Seaman ![]() ![]() ![]() Group: Seaman Posts: 10 Joined: 2-October 09 Member No.: 6,768 Service Connected Disability: 70% Branch of Service: USAF |
Strangely, my name and file number is on the top of the page containing information about the Vietnam Veteran. This is very upsetting to me because as someone stated, I'm not sure if HIS file is missing this page. Very frustrating indeed and upsetting.
As for the IU denied, the reason for decision..it states: --------------- Evaluation of General Anxiety Disorder with panic attacks currently evaluated as 70% disabling. During the evaluation th examiner noted you were clean, neatly groomed, appropriately dressed. The exam reported psychomotor activity of hand wringing and tense. Your affect was flat. Your mood was anxious, hopeless, depressed, and dysphoric, slow in completing tasks, thought content was suicidal ideation, homicidal idiation and phobias. Sleep impaired, obsessive/ritualistic behavior, panic attacks when I go to certain places and impair my ability to function. Easily frustrated in completing tasks and becomes very emotional and cries if you are under pressure. The examiner diagnosed generalized anxiety disorder. It is not appropriate to establish entitlement to IU when you are no longer able to work in your chosen occupation, but rather it must be shown that you are entirely unable to work at any type of gainful employment at all due solely to your SCD. The examiner opined there is not a total occupational impairment due to generalized anxiety disorder with panic attacks. ---------------end HOWEVER, on my C&P results the copy I HAVE states: Is there total and social impairment due to mental disorder signs and symptoms? YES Does this make sense? |
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Nov 3 2009, 08:39 AM
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#5
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Moderator/HadIt.com Elder ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Group: Moderator Posts: 14,499 Joined: 26-July 05 From: Fl. -- USA Member No.: 60 Old WebBoard Name: carlie Service Connected Disability: 60 Branch of Service: USA |
celli,
Congrats on your increase. Ditto on Pete53 and John999's post. If the other veterans name is on that record try to look that vet up on Zaba People Search and see if you can mail it to that vet. jmho, carlie |
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Nov 3 2009, 07:57 AM
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#6
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HadIt.com Elder ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Group: HadIt.com Elder Posts: 16,267 Joined: 1-September 05 From: Tampa FL Member No.: 148 Service Connected Disability: 90% |
If you were increased to 70% and are unable to work what you need is a letter from a doctor saying that your are unable to work solely due to your SC conditions. With a 70% rating you should be able to get IU. I had the same problem. I went from 30% to 70% but was denied IU. I got an IMO to say I was unable to work solely due to my SC condition. While you are at it say have the doctor say you are permanently disabled. That should get you IU and P&T. Just from reading your C&P exam you should have gotten IU or 100%. Did the VA say that the reason you could not work was due to non service connected issues? That is an old trick.
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Nov 3 2009, 07:06 AM
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#7
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HadIt.com Elder ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Group: HadIt.com Elder Posts: 20,318 Joined: 29-March 06 From: Beautiful hills of NY Member No.: 868 Old WebBoard Name: Berta Service Connected Disability: widow of 2 vets, 2 HD each and mother of USAF vet-my daughter |
Is there anyway the page about the Vietnam vet can identify him or at least his C file number or vet rep or service POA?
It could be critical to his claim. I suggest you return this to the RO but it still might not get into his C file. Unl;ess there is a C file number on it. I put my C file number and a name and address sticker on each piece of everything I send to the VA, this way even though they dont read my stuff- if they make a paper airplane out of something I sent, and they fly it down Elmwood Street in Buffalo, someopne could find it and then maybe have it put back into my C fil;e -for them to ignore again. (IMG:http://www.hadit.com/forums/style_emoticons/default/mad.gif) |
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Nov 3 2009, 12:39 AM
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#8
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Moderator/HadIt.com Elder ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Group: Moderator Posts: 17,813 Joined: 19-July 05 From: Dallas or close to it Texas Member No.: 7 Old WebBoard Name: Pete53 Service Connected Disability: 100% + 30% Branch of Service: USA |
If you were denied IU and you are not able to work you should appeal the decision.
Your Exam show someone who should be getting 100% if not working.I am not a Doc or a rater its my opinion. |
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Nov 2 2009, 09:27 PM
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#9
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Seaman ![]() ![]() ![]() Group: Seaman Posts: 10 Joined: 2-October 09 Member No.: 6,768 Service Connected Disability: 70% Branch of Service: USAF |
I posted a few weeks ago (see below along with my c&p results). I was denied IU and increased to 70% which I accept. I am not sure how all this works but I applied for Voc Rehab today. There was a page in my packet that didn't belong to me. I served during the Gulf War Era (as they stated) and there is a page about a Vietnam Vet and what he has been dealing with. It was extremely traumatic to read and I cant get the thoughts out of my mind the way it was described. I wish I didn't read it. And I can't even IMAGINE how he feels. I keep thinking about him and what he went through. Does this happen often where someone with PTSD receives information about another PTSD patient and it causes even more stress? What should I do? I don't think I will be sleeping much tonight. May God bless you all.
(my previous post) I am currently rated 50% for anxiety disorder. I had my c&p exam in July. I obtained a copy of my c&p exam and I am not sure how this works. The following is what was typed by the examiner: (if anyone can give me their thoughts opinions on how this may turn out I would appreciate it) Axis I: generalized anxiety disorder Axis II: no dx Axis III: various sicknesses, surgeries, etc over the years Axis IV: Anxiety symptoms; job problems Axis V: Global Assessment of Functioning Score: 42 Time Frame: current functioning Comments: There are serious impairments in her ability to interact with others. She has continued to have this problem despite medication and therapy. There have been numerous and ongoing difficulties getting along with bosses and coworkers. These problems (irritability and crying under pressure) caused her to be fired from her most recent job. She has had approx. 10 jobs in the 15 yrs since her discharge from service. Does each diagnosis of mental disorder meet the DSM-IV diagnostic criteria? YES |
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