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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
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      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. 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So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

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    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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Posted · Report post

Ok,

for the second time I was denied IU again and told to take my claim to the BVA...Why does the VA keep doing this. I haven't been able to work since 2001 and was retired for the same medical issues by SSD..

I can't understand this.......Tnx

RSG

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80 answers to this question

Posted · Report post

Well I offered to send the decision to berta via email, but I guess that doesn't cut it...

Lots of people could help....I understand......But I am hesitant about everybody seeing my personal stuff here...Even though they have helped before......I need help but I don't want the whole friggin world to see my info... and no, I got no hearing from the DRO.....

Tnx

Ron,

I will be honest with you as I have been all these years. There is not one thing about me that these kind

members do not know about me. If I had not came forward with everything my 40 year claim could have never been won.

Sure I was a little embarassed at first, but I overcame that real fast when so much support came in to help me.

You remember what a time I had. Three C&P just to deny me. I went to the BVA and remanded to the AMC to receive

a denial and then I traveled to D.C. to see an expert Psychiatrist. File went back to BVA Judge and so did

the opinion of this expert.

Without the members knowing my claim, their hands were tied.

Please post as much as you can. I know your story and I appreciate your thinking enough of me to

send me your complete medical records to my email address. I have kept them private and have deleted as

you wished.

Please let everyone help you.

Been there.

Always,

Betty

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Posted · Report post

Ron,

I will be honest with you as I have been all these years. There is not one thing about me that these kind

members do not know about me. If I had not came forward with everything my 40 year claim could have never been won.

Sure I was a little embarassed at first, but I overcame that real fast when so much support came in to help me.

You remember what a time I had. Three C&P just to deny me. I went to the BVA and remanded to the AMC to receive

a denial and then I traveled to D.C. to see an expert Psychiatrist. File went back to BVA Judge and so did

the opinion of this expert.

Without the members knowing my claim, their hands were tied.

Please post as much as you can. I know your story and I appreciate your thinking enough of me to

send me your complete medical records to my email address. I have kept them private and have deleted as

you wished.

Please let everyone help you.

Been there.

Always,

Betty

This lady has the respect of everyone on this board for staying with her claim and winning it she knows what she speaks!!

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Posted · Report post

Hi folks,

here you go, on the paperwork...have a a gander and let me know what I can do....

tnx

decision071910.rtf

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Posted · Report post

Hi Ron,

I am proud of you. I have read the papers and will read them again.

This one sounds a lot like some of the mess I was sent.

Did you know that you can call Social Security and received a " Certified Notarized" copy of your work history.

I believe they charged me $35.00, but it came with a Gold Star and Official Certification Seal.

With that in my hands the employers that did not respond or who could not be contacted did not matter.

In my opinion, the VA has to accept that you know yourself as a lay person as to how you felt at the

time you filed for SSDI. You do not have to be of the medical profession to know if you could or

could not work due to your illness.

Always,

Betty

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Posted · Report post

RSG,

These are the main factors as to why they continue to deny IU.

1)

"In support of this claim, we requested information from the three previous employers you listed on your application. ***** Auto Auction indicated you were never employed there. CarQuest could not access the requested information due to construction at their facilities. Auto Zone never replied to our requests. We therefore have no outside corroboration that a service-connected disability ever impaired your ability to function on the job or resulted in your termination from employment.

You submitted some supporting documents showing you attempted to contact your previous employers and were unsuccessful. However, without corroborating evidence indicating you were not able to continue working due to your service connected disability, your claim remains denied."

What you can do :

Man - you've got to find a way to get your previous employers to document that disabilities that are service connected

interfered greatly with your employment and that is why they had to terminate your employment.

This is what is meant when people post - the information for your claim is ultimately up to you to get and submit.

2)

"You also submitted a statement from Dr. Brewer that indicated you have been diagnosed with mood disorder and possible non-combat PTSD. She recommends an increased evaluation. However, the evaluation assigned is an administrative decision based on the symptoms reported in comparison to the rating schedule. The letter does not change our previous determination which denies entitlement to individual unemployability.

What you can do :

Is this Dr. Brewer a regular doctor you have ?

Will she write a letter stating that your service connected disabilities of XXX,XXX,etc... are so severe the result is,

total social or occupational impairment and in her medical opinion you are not able to hold employment of any type.

Are you service connected for a mental health issue ?

If yes - can you talk with your mental health doctor to see if they feel you aren't able to hold employment due to

this disability and see if they will write you a letter in support.

You can also get an IME/IMO from an occupational specialist or maybe even try Voc Rehab .

jmho

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Posted · Report post

RSG,

These are the main factors as to why they continue to deny IU.

1)

"In support of this claim, we requested information from the three previous employers you listed on your application. ***** Auto Auction indicated you were never employed there. CarQuest could not access the requested information due to construction at their facilities. Auto Zone never replied to our requests. We therefore have no outside corroboration that a service-connected disability ever impaired your ability to function on the job or resulted in your termination from employment.

You submitted some supporting documents showing you attempted to contact your previous employers and were unsuccessful. However, without corroborating evidence indicating you were not able to continue working due to your service connected disability, your claim remains denied."

I have tried approximately 2 dozen times to contact all these people, in particular the Autozone people.It is all documented, they never responded....

they are worried about a labor dispute....I am sure.

What you can do :

Man - you've got to find a way to get your previous employers to document that disabilities that are service connected

interfered greatly with your employment and that is why they had to terminate your employment.

This is what is meant when people post - the information for your claim is ultimately up to you to get and submit.

2)

"You also submitted a statement from Dr. Brewer that indicated you have been diagnosed with mood disorder and possible non-combat PTSD. She recommends an increased evaluation. However, the evaluation assigned is an administrative decision based on the symptoms reported in comparison to the rating schedule. The letter does not change our previous determination which denies entitlement to individual unemployability.

What you can do :

Is this Dr. Brewer a regular doctor you have ? YES, MY VA Phsyciatrist......Behavioral health...

Will she write a letter stating that your service connected disabilities of XXX,XXX,etc... are so severe the result is,

total social or occupational impairment and in her medical opinion you are not able to hold employment of any type.

She already did that..That is what the letter includes

My GAF HAS BEEN 40 OR BELOW for the past 8 years of VA treatment.....

Are you service connected for a mental health issue ?

YES>>>>THat is also what the SSA retired me for.....

2001.

If yes - can you talk with your mental health doctor to see if they feel you aren't able to hold employment due to

this disability and see if they will write you a letter in support.

You can also get an IME/IMO from an occupational specialist or maybe even try Voc Rehab . ALREADY HAVE 4 of those.....All from Va Shrinks

jmho

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Posted · Report post

Hi Betty,

Yeah that's so weird for me cause the SSA doctors were the ones that did all my exams and told me I could not work anymore...

tnx

Hi Ron,

I am proud of you. I have read the papers and will read them again.

This one sounds a lot like some of the mess I was sent.

Did you know that you can call Social Security and received a " Certified Notarized" copy of your work history.

I believe they charged me $35.00, but it came with a Gold Star and Official Certification Seal.

With that in my hands the employers that did not respond or who could not be contacted did not matter.

In my opinion, the VA has to accept that you know yourself as a lay person as to how you felt at the

time you filed for SSDI. You do not have to be of the medical profession to know if you could or

could not work due to your illness.

Always,

Betty

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RSG

This sounds bogus to me. If you get SSD soley for the same condition you are SC'ed for that should be enough to get IU. The VA is jerking you around on this. There is no way you can force former employers to say you were fired or quit because of some SC condition. Have you had a personal hearing on this? I was 70% and denied IU because the VA said my NSC were the actual cause of my being unemployed. I got around this by hiring a good IMO doctor. The doctor needs to review your records and write a medical history that includes the reasons that your SC condition is the sole cause of your being IU. What the VA is doing in your case is getting out the microscope to find a reason to deny. I think in your case I would hire a lawyer. The VA is going way, way out of their usual routine to deny you. The most important thing I believe is to have explicit statement from a psychiatrist saying you can't work because of your SC conditions. This is what got it for me. The doctor needs to address the very reasons you were denied point by point.

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RSG,

You may have already posted this information somewhere but I don't have the time to go thru all the posts.

I would contact the Main Office of the Human Relations Department of Auto Zone and Car Quest.

Perhaps Car Quest has finished with the construction at their facilities.

The only medical issues of concern for IU from VBA are service connected medical issues -

if there are other medical issues that are not service connected - they will be factored in, to help support the denial for IU.

VA shrinks are not necessarily occupational specialist - at all.

IME/IMO from an occupational specialist.

What issues are you service connected for and at what percentage for each.

In your fully favorable decision from SSA - what disabilities were considered and of record to grant your claim for SSA benefits.

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OK RSG bear with me here because I may make you a little upset first before I can suggest some help. Quite honestly I see nothing in that decision from the BVA that says they agree with you but that is only my opinion.

Your problem right now requires a lawyer. A lawyer can supenoa statements from carequest, autozone and any one else. There appears to be good money here for a lawyer if you can get one to take it. Hell I know I would.

The other thing have you considered to have your state Better Business Bureue to handle it? If these guys know that you mean business believe me you WILL get a report!! Put some pressure on them where it hurts in their pocket like they are doing to you..

Good Luck!

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RSG

This sounds bogus to me. If you get SSD soley for the same condition you are SC'ed for that should be enough to get IU. The VA is jerking you around on this. There is no way you can force former employers to say you were fired or quit because of some SC condition. Have you had a personal hearing on this? I was 70% and denied IU because the VA said my NSC were the actual cause of my being unemployed. I got around this by hiring a good IMO doctor. The doctor needs to review your records and write a medical history that includes the reasons that your SC condition is the sole cause of your being IU. What the VA is doing in your case is getting out the microscope to find a reason to deny. I think in your case I would hire a lawyer. The VA is going way, way out of their usual routine to deny you. The most important thing I believe is to have explicit statement from a psychiatrist saying you can't work because of your SC conditions. This is what got it for me. The doctor needs to address the very reasons you were denied point by point.

The depression started in the service I was trreated for 5 months in the service, I was discharged honorably. I have had no NSC's......All the doctors Are va phsyciatrists and psychologists and they all say that my depression is and has been SC'd since 1969.......

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RSG,

You may have already posted this information somewhere but I don't have the time to go thru all the posts.

I would contact the Main Office of the Human Relations Department of Auto Zone and Car Quest.

Perhaps Car Quest has finished with the construction at their facilities.

These are the EXACT organizations that were contacted multiple time..

The only medical issues of concern for IU from VBA are service connected medical issues -

That is all I have proven and shown....

if there are other medical issues that are not service connected - they will be factored in, to help support the denial for IU.

VA shrinks are not necessarily occupational specialist - at all.

IME/IMO from an occupational specialist.

What issues are you service connected for and at what percentage for each.

70%, period, Major depression as all the NAVY and VA doctors have written IMO's with reference to this service connection in my favor.

In your fully favorable decision from SSA - what disabilities were considered and of record to grant your claim for SSA benefits

Major depression and congnitive disorder from my multiple strokes.

.

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OK RSG bear with me here because I may make you a little upset first before I can suggest some help. Quite honestly I see nothing in that decision from the BVA that says they agree with you but that is only my opinion.

Your problem right now requires a lawyer. A lawyer can supenoa statements from carequest, autozone and any one else. There appears to be good money here for a lawyer if you can get one to take it. Hell I know I would.

The other thing have you considered to have your state Better Business Bureue to handle it? If these guys know that you mean business believe me you WILL get a report!! Put some pressure on them where it hurts in their pocket like they are doing to you..

Good Luck!

that decision is from the DRO, not the BVA...

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RSG,

This is probably a problem in getting IU granted,

"In your fully favorable decision from SSA - what disabilities were considered and of record to grant your claim for SSA benefits."

"Major depression and congnitive disorder from my multiple strokes."

If you have had multiple strokes there certainly would have to be additional medical factors

other than the depression, that you are SC'd for.

jmho

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RSG,

This is probably a problem in getting IU granted,

"In your fully favorable decision from SSA - what disabilities were considered and of record to grant your claim for SSA benefits."

"Major depression and congnitive disorder from my multiple strokes."

If you have had multiple strokes there certainly would have to be additional medical factors

other than the depression, that you are SC'd for

.

Yes, there are other medical conditions I have. insulin dependant diabetes, neuropathy very extensive, serious nerve damage from my neck down.....as well as some kind of degenerative disc disease. I had carotid artery surgery at the va hospital, to prevent further strokes

some other thing to do with my vision..... But none of these can be contributed to the service

jmho

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RSG

These NSC issues need to be taken off the board somehow. The only way I know is for a shrink to say that "yes, you have NSC issues, but the SC depression is the reason you can't work". I can see the VA just latching onto these NSC issues. IU must be solely for SC conditions. When I got IU I did have other problems but the SC problems were the ones that appeared in my SSD and in my medical reports. You might even want to try to get 100% schedular rather than fight this IU with all these other issues.

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my shrink covered that problem by stating in the treatment records "that this patient would be totally and permanently disabled solely by his symptoms from his PTSD" he wrote that in my record every Feb since 2004 and continues to write it as late as this past Feb and I was SC in 2005 at 50% which was raised to 100% P&T in May 2006 I don't think my VA trusts the VA not to play games down the road either so he writes excellent treatment notes I have been seeing the same doc for more than 7 years what surprises me as we all know the turnover of doctors I seem to get a new primary care doc at the rate of normally annually cardiac doc every 2 years so to keep one doc for more than 5 years seems amazing

when the RO has another medical issue to blame you being totally disabled by they will use it against you so I agree with John you have to get a psychiatrist to state that your PTSD is totally disabling regardless of your other medical issues and if you didn't have them you would still be considered to be totally and permanently disabled and that he does not expect you to ever be able to recover from them

if you have had PTSD more than a decade and it hasn't gotten better it more than likely never will get better (I am not a doctor and that is just my own opinion but it's as good as the janitor they have doing some of the C&P exams)

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my shrink covered that problem by stating in the treatment records "that this patient would be totally and permanently disabled solely by his symptoms from his PTSD" he wrote that in my record every Feb since 2004 and continues to write it as late as this past Feb and I was SC in 2005 at 50% which was raised to 100% P&T in May 2006 I don't think my VA trusts the VA not to play games down the road either so he writes excellent treatment notes I have been seeing the same doc for more than 7 years what surprises me as we all know the turnover of doctors I seem to get a new primary care doc at the rate of normally annually cardiac doc every 2 years so to keep one doc for more than 5 years seems amazing

when the RO has another medical issue to blame you being totally disabled by they will use it against you so I agree with John you have to get a psychiatrist to state that your PTSD is totally disabling regardless of your other medical issues and if you didn't have them you would still be considered to be totally and permanently disabled and that he does not expect you to ever be able to recover from them

if you have had PTSD more than a decade and it hasn't gotten better it more than likely never will get better (I am not a doctor and that is just my own opinion but it's as good as the janitor they have doing some of the C&P exams)

I have been battling this for 40 years, the majority with no help for 30+ years

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Have you tried having a VRE counselor write a statement stating you are unemployable? Have you gone through VRE, if so, have you had an ILS assessment of your home from a VRE counselor? This would help your claim, IMHO, big time!

I was denied IU but once I had this statement from VRE stating that I was unemployable due to my SC condition, I was granted within a week. Literally, I read the denial on a Friday, called my VRE counselor that same day (in which he just left my house on the day of the denial), he wrote said letter, by the next Wednesday, he called and told me that I was granted IU! So for me it took said letter to be granted TDIU!

B6

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Have you tried having a VRE counselor write a statement stating you are unemployable? Have you gone through VRE, if so, have you had an ILS assessment of your home from a VRE counselor? This would help your claim, IMHO, big time!

I was denied IU but once I had this statement from VRE stating that I was unemployable due to my SC condition, I was granted within a week. Literally, I read the denial on a Friday, called my VRE counselor that same day (in which he just left my house on the day of the denial), he wrote said letter, by the next Wednesday, he called and told me that I was granted IU! So for me it took said letter to be granted TDIU!

B6

What is the VRE?

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Vocational Rehabilitation and Employment (VR&E)

Independent living services (ILS)

http://www.vba.va.gov/bln/vre/

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I found that the Va has been trying to deny me because I had tried to work but couldn't. I earned less than the poverty level nor did I have a "substantially gainful employment" VA Quote.....So I think it's the same ole story,

screw the VET any chance you get...They can't even consider income if it does not even reach the poverty level or their definition of substantially gainful employment...Tell me if I am wrong.....

tnx

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RSG,

Your NSC medical problems are the reason that VA has denied IU.

I am sure from what VBA stated in the Rating Decision that the VA does have a copy of your SSA decision

and the disabilities listed by SSA show additional disabilities that are non service connected.

VBA stated,

" Additionally, disability determinations as rendered by the Social Security Administration are not binding on V A. Entitlement to Individual Unemployability can only be granted when a veteran's inability to maintain gainful employment is due solely to service-connected disabilities. That is, a veteran's service-connected disabilities alone must be of such severity as to render him incapable of securing and maintaining substantially gainful employment."

You posted,

"Yes, there are other medical conditions I have. insulin dependant diabetes, neuropathy very extensive, serious nerve damage from my neck down.....as well as some kind of degenerative disc disease. I had carotid artery surgery at the va hospital, to prevent further strokessome other thing to do with my vision..... But none of these can be contributed to the service".

The non SC'd issues and not having a mental health doctor, or vocational / occupational specialist, statement fully supported,

stating that regardless of your NSC disabilities,your are in no way able to hold any employment due solely to your mental health disability.

jmho

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CArlie

So, If I got a letter from my Va doctor stating that the I can not hold a position of employment should be what I need. Correct...and only because of the depression, correct? See

that if you are 100% upfront and honest about everything the Va uses it against you correct.....pretty normal, me thinks.

RSG,

Your NSC medical problems are the reason that VA has denied IU.

I am sure from what VBA stated in the Rating Decision that the VA does have a copy of your SSA decision

and the disabilities listed by SSA show additional disabilities that are non service connected.

VBA stated,

" Additionally, disability determinations as rendered by the Social Security Administration are not binding on V A. Entitlement to Individual Unemployability can only be granted when a veteran's inability to maintain gainful employment is due solely to service-connected disabilities. That is, a veteran's service-connected disabilities alone must be of such severity as to render him incapable of securing and maintaining substantially gainful employment."

You posted,

"Yes, there are other medical conditions I have. insulin dependant diabetes, neuropathy very extensive, serious nerve damage from my neck down.....as well as some kind of degenerative disc disease. I had carotid artery surgery at the va hospital, to prevent further strokessome other thing to do with my vision..... But none of these can be contributed to the service".

The non SC'd issues and not having a mental health doctor, or vocational / occupational specialist, statement fully supported,

stating that regardless of your NSC disabilities,your are in no way able to hold any employment due solely to your mental health disability.

jmho

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RSG,

A MH specialist would need to state that in their medical opinion,

regardless of your non service connected disabilities, it is their medical opinion that you are more likely than not,completely

unemployable for any type of employment due solely to your service connected mental health disability.

They must fully support this opinion by listing and stating medical evidence from below, in their written opinion.

Usually I would post the at least as likely as not statement - but I really feel your issue will need the more likely than not statement at this point.

You could still use a Voc / Occupational specialist supporting all of this. Having both would be the best.

Since the Rating Decision you posted is from a DRO - I think you could submit new and additional medical evidence (if you can get it)

and request the DRO reconsider your claim (due to this new medical evidence) and either increase your percentage for MH to 100 percent

or grant IU.

You would need to do this right away - and you probably will also have to submit your Form 9 to appeal to the BVA on time.

Below is what the MH doctor needs to support their medical opinion for an increase to 100 % MH or to support your IU claim.

The opinion does not have to list every one of the below - but should show the majority of these symptoms.

Again, this is only my opinion - you need this ammo to win.

General Rating Formula for Mental Disorders:

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

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