Announcement

Collapse
No announcement yet.

My latest denial from the VA.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    My latest denial from the VA.

    About a year ago I filed a claim for unimployability in order to try and get my S/C up to 100% from its current 80%. I really need the extra money since as of this month my income has dropped by $1800/month as my LTD ended.

    I just got the decision almost a month ago which they denied even though the Shrink that did my C&P exam fully supported my claim 100% due to my PTSD. My PTSD is currently 70% S/C disabilty.

    In the denial letter they listedall of my PTSD symptoms and that the shrink listed my a totally occupational and social impairment. Then they said that in order to get 100% S/C disability for my PTSd I had to have total occupational impairment due to syptoms such as...then list almost every symptom the Shrink put down that I have.

    They went on to state the my total level of disability is due to both S/C and non S/C reasons. So they basically denied my claim because I have non S/C MS even though the PTSD by itself is enough to keep me from being able to work.

    They also said that their is no evidence or even suggestion that my S/C disability would preclude me from doing sedentary work. Yet in the summory from the Shrink she stated that due to my PTSD I would not be able to do any physical or sedentary work.
    Dennis

    The soul of a song will lift your spirits.

    #2
    Feel for you

    Hi, Dennis,

    That is really tough, but don't give up. I'm sure you know the drill by now, but file an appeal and ask for a Review Officer to review it. Do not file a new claim because a new claim restarts the clock with regards to when the disability (and compensation for it) is effective.

    Also, if you haven't been working with one of the veterans service organizations, such as DVA, VFW, etc., I recommend that you consult with one on how to perfect your appeal.

    You can submit new information, or do as I did and submit your VA records, indexed and tabbed, with a cover letter explaining how each of the records met one of the elements of the syndrome and the Code of Federal Regulation (CFR) citation they refer to. You can google Cornell Law site where you can find copies of the CFR.

    Best of Luck!!

    Melissa
    Melissa
    _____________________
    Symptoms started around 2000, Diagnosed with RRMS April 2014, On Copaxone.

    Comment


      #3
      Sorry

      Hi, Dennis,

      Sorry if my last post sounded condescending. It was the first post on the Vets' forum I read. After reading a bunch more, I didn't realize when I posted this that you are already so knowledgeable. Sorry if it came across that way. I am a vet, work at the VA, get most of my care at the VA, and was just diagnosed with MS, to. So I was trying to help.

      Take care and best of luck with your appeal.

      Melissa
      Melissa
      _____________________
      Symptoms started around 2000, Diagnosed with RRMS April 2014, On Copaxone.

      Comment


        #4
        Originally posted by cptmelissa View Post
        Hi, Dennis,

        Sorry if my last post sounded condescending. It was the first post on the Vets' forum I read. After reading a bunch more, I didn't realize when I posted this that you are already so knowledgeable. Sorry if it came across that way. I am a vet, work at the VA, get most of my care at the VA, and was just diagnosed with MS, to. So I was trying to help.

        Take care and best of luck with your appeal.

        Melissa
        Melissa,

        You didn't opset me in the slightest, which is strange to begin with because I get upset easily, with your post. Maybe my PTSD is getting better? And even though I know a lot you did bring up a couple of things that I didn't know.
        Dennis

        The soul of a song will lift your spirits.

        Comment


          #5
          I Understand

          I faced 10 years of going back and forth with the VA. I finally received a fair settlement. Have in there. MDE

          Comment


            #6
            USA Washington

            When I filed my claim I wrote my Senator and US rep and their office called the next day. When you throw some power at the VA I think they tend to treat you with a little more respect and money hopefully. The VA has been under extreme scrutiny in the last year to improve the treatment of us who have served. Hang in there and best of luck. mde

            Comment

            Working...
            X