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    • Obviously, the VRE officer is going to ask, "How come you are 100% P and T, and want to go to college to persue a career?"   With VA, SGE is defined as the poverty level earnings in a 12 month period.  So, technically until you earn about $12,000 you do not meet the SGE criteria.  VA regs discuss SGE in a fair amount of detail, stating that "marginal" employment does not disqualify a Veteran from TDIU.  "Marginal" employment is employment that does not generate at least 12,000 per year.   They even have a special exception if you are in a type of family business.  In other words, if you had PTSD, but your family owned a business and allowed you to stay on the payroll to go to doc appointments and the like where a "non family" employer may not be willing to put up with it.   You dont have a lot to lose:  If you persue your career goals, the VA should not take away your benefits until you have been working for a full year, and achieved SGE, and, even then, it would take some time to make such a reduction happen:  They have to give 60 days notice, and, we all know the VA does not move very fast.  It could well be 2 or more years before they do a reduction proposal, especially since you are not TDIU and do not have to report income each year, like TDIU recipients do.  
    • Let me make a correction.  I was trying to say p&t instead of tdiu.  My husband is like the rest of you guys that went to nam.  Enlisted 5 days after graduating has.  17 yrs old.  He did a total of 20 yrs between navy and Coast Gaurd.  Then he did18 yrs in law enforcement.  I think he worked enough. Couple of other jobs in between.  
    • I think you should go to the VASRD: http://www.ecfr.gov/cgi-bin/text-idx?SID=e01889934e16ee0751373657d3b13a6e&mc=true&tpl=/ecfrbrowse/Title38/38cfr4_main_02.tpl And check the rating criteria that compares to your specific diagnostic code,just in case you need it. But I do see what you mean as to the 100% and the doctor stated this disability has rendered you unable to work. I just hope the VA does not confuse the 100% statement with the >3-5 METs part. Hopefully this will go well for you and the doc made the proper nexus statement.
    • It should be, I had a surgery that went wrong in post surgical room I almost died. Maybe they had to ask a psych expert? 
    • I just googled active psychosis/GW and many things popped up ,some from vets wondering too what that meant such as: http://vets.yuku.com/topic/139576#.V5p4PmgrJhE  

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usmcman001

Cue For Ptsd Claim?

27 posts in this topic

Question-

I had put in a claim for PTSD in early 08 and the claim was closed in Oct 08 for no supporting documents. I am a combat vet with a Combat action ribbon etc. I recieved a letter that stated they needed more evidence and what not. I sent in letters from fmily memebers and friends I was in the service with supporting statements of PTSD. I never was diagnosed with PTSD by the VA. In that fact I never went to the doc at all. After I sent in info About a month later I recieved another letter asking for more documents. I replied with no more information to provide. Shortly after I was denied for PTSD.

I currently have a open claim for PTSD again and was diagnosed by the psych with PTSD. Now just waiting to a rating from VBA. My question is should my claim from 08 been closed so quick and should they have gave me a C&P before a decision? I am trying to see if what I should do and if this a CUE. Also is there anyway to get back dated to that time since I was diagnosed with PTSD for this claim? Thanks

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No c and P exam. That tells me that they avoided giving you the exam because it would have resulted in a diagnosis. Fair play isn't it.

Of course proving that would be near to impossible.

I would wait until you are awarded then I would discuss it with an attorney like VetLawyers. Sounds like it can have some substance but Cues are a very strange thing with a lot of hurdles to jump over.

J

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usmc,

Your profile shows 10 % SC - what is it for ?

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The VA doesn't usually schedule a C & P exam for claims with no evidence or diagnosis. In this case they were correct in denying your claim. If you nowhave evidence and can link it to your service then you will get approved .

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Claire I am 10% for tinnitus and 0% for bilateral compartment syndrome. Was denied for hearing loss in 05. Going to reopen claim and get another audiogram.

NSA here is the funny thing. Like I posted below I have a open claim as we speak for PTSD again. I was given a C&P by the VA and never requested it. They called 4 days prior to appt. I would have thought they would have done the same for previous claim. I have a Combat action ribbon and campaign medals for AO's I was in.

I am working with a rep from DAV and he looked into it slightly and said it was denoed for no evidence. Well no crap I knew that. He kinda acted as if it wasnt worth going back to see more info on case and see if there was CUE. Just thinking that if I am diagnosed now with it I had it beofre so they should back date monies owed. I know this is far from easy but makes since to me. Thanks for replys.

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Claire I am 10% for tinnitus and 0% for bilateral compartment syndrome. Was denied for hearing loss in 05. Going to reopen claim and get another audiogram.

NSA here is the funny thing. Like I posted below I have a open claim as we speak for PTSD again. I was given a C&P by the VA and never requested it. They called 4 days prior to appt. I would have thought they would have done the same for previous claim. I have a Combat action ribbon and campaign medals for AO's I was in.

I am working with a rep from DAV and he looked into it slightly and said it was denoed for no evidence. Well no crap I knew that. He kinda acted as if it wasnt worth going back to see more info on case and see if there was CUE. Just thinking that if I am diagnosed now with it I had it beofre so they should back date monies owed. I know this is far from easy but makes since to me. Thanks for replys.

Ok,, here is the straight poop as cI see it. The first order is to get your claim for PTSD approved now. You can do research for a possibly CUE later, but the most important matter at hand is to follow thru by requesting a copy of your records and the C & P report. The C & P report will tell you where you stand on your claim.

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