Total And Permanent Disabilty

[flyfisher]

I am currently rated at 90% and have a question about the requirements for receiving total and permanent disability.

Do you have to not be working to receive it? Is there a limit on how much you can earn? Do you have to be rated 100% to be eligible if you are still working. How do you apply? Any other information would be greatly appreciated!!

[Inarticulate&Distorted]

here is a little information that may help. Your words,

"Of 2001 while on active duty in the army his mother had passed in May of that year,he saw mental health on post in August 2001 prior to the attempt to take his life,but for some reason we cant locate any of those records!"

So, the dirty rotten part of life is the way the Military in general has fukt all of us Vets with "mental health" issues. Noticed the quotation marks?! You see, back in 2001 when your husband was in service, they were referred to as(i shit you not) Behavioral Health. See that, that's how they twisted it, you weren't "sick", you were a "problem child". What changed??? Simple, soooooooo fuking many Vets were literally blowing their brains out when they came home from War. You know, that thing we do to kill other humans, despite the fact that if you think about it, we literally had to be brainwashed into killing. You know, by lack of sleep, constant physical exhaustion......things get fukt quick. 

My situation was rather strange, it was not my Lawyer, my previous THREE VSO's, or even info i could find online. I googled the hospital where i was stationed and started poking around, talked to a bunch of people. One person, a SFC down in the old physical file room set me straight. When we we're looking for our "counseling" records we need to ask for our "Behavioral Health" records. You see, i got copys of my NPRC File not once, but TWICE. No records besides my evaluation from the Lt. Col at the Base Hospital. But this lovely old Sgt saved my ass, and maybe my sanity. Before say i think 2004 or 2005, we were the "losers", but after so much outcry and a lot of updates to military policy, mental health is exactly that, mental. NOT behavioral. Good luck finding something, remember, his "Medical Records" wont contain anything outside of a "Normal Military Hospital". Military Doctors are Officers with actual Doctorates or M.D.'s. The "Community Mental Health Services" were Behavioral Health. I repeated it because I think you should listen carefully to what i am about to say next. Any diagnosis made by ANY Professional who is NOT A P.H.D. PSYCHOLOGIST, is worth NOTHING. Why you may ask? Because Psychologist's are trained and their specific forte is DIAGNOSIS OF PSYCHOLOGICAL disorders. Psychiatrist M.D.'s, who can prescribe up to Shedule 2 Narcotics, their diagnosis isn't even applicable.

How does this help you if any diagnosis WAS written by a "counselor"? Well, it at least provides a CONNECTION to his Stressor. That helps in many ways.

 

What else could you do? Well, someone shoots himself with a gun, don't MP's usually you know, look into it? Yeah, reports y'all. Not only police, but Officers and Non Coms ALL file reports, they do, and THOSE, get archived. JSCC is what the RO is supposed to "get in touch with" as part of "helping the Vet". PAHlease.....what a joke, get into the muck, this IS trench warfare, your fight with the VA will NEVER be over, find your Shield(information) and Armor(Substantiated LEGAL facts), then you must craft your Lance(A FUKIN Lawyer).

You see, i had a TERRIBLE C&P exam with the guy, he was sooooo unprofessional that he rubbed in the fact that only Psychos could make diagnosis that it gave me a unexpected insight into the VA that blew my mind. So, i got lowballed, but i used that information to my advantage, the Local VA Hospital offered me the services of Psychs and Counselors, i said no, i will only see a Psychologist. You know how many they have? 1.........yeah. so, i have a civilian psychologist and medication RNP. And i only give the infotmation to my Lawyer. That is IT. YOU, have to start the fight, but remember, no one will fight AS hard or harder than you but one person, a Lawyer. Sad truth, but there Is an old saying, Money makes the Mare go.....

Good Luck, 

Educate yourselves first, be the best witness to your own defense, become a Layperson who knows as much about your condition as those who studied it in books and labs.....YOU, are your greatest tool, but find others that can help you hone in on the target, and the ones that will more importantly, Loose the Reins and on to battle.

Edited July 21, 2016 by Inarticulate&Distorted
i didn't notice it was actually her thread that got hijacked, my apologies

[yotts823]

Got my denial letter Dated December 22, 2016 Applied for TDIU in 2014 and listed DDD as one of my conditions but they never answered about my MDD, PTSD, and ASthma as listed in the TDIU form 21-8940. Is that going to be a seperate rating or is this the only TDIU for all of the listed disabilities. I recieve SSI and SSDI but the VA has denied my claims Been to the BVA 4 times and always get remanded for the VARO here in Minneapolis.

[Buck52]

I agree with broncovet,  and good advice!

I know its stresses us all out when  a proposal to reduce is sent.

your case I doubt they will reused your hubby  to hard for them to prove he has improved.

Just stick with hadit  you be fine!

[jfrei]

So I've read this post my TBI was rated at 70% 6 years ago and I'm now 90% scheduler all together with 7 other disabilities I know my TBI residuals are not going to improve its been 10 years and my MRI results say exactly what they did 9 year ago. When I applied for IU will they look into it being PT so I may have benefits for my family? Or is that another wait on the wheel again my claim is In the prep for a decision so if I submit anything it will be kicked back. Figured I wait until Friday to ask status since I have a hardship flagged and it's the holidays make it hard for movement since the Dec. 27th?

[john999]

If your 100% is for physical injuries no problems. You can work all you like. If for mental then it is more tricky. If VA finds out you will probably loose your P&T in a hurry.

[flyfisher]

It is for a combination of problems including sleep apnea, GI problems, painful scars and PTSD. If I am rated 100% for combination can I still get P&T ? How do they determine the permanent and total rating? Is there length of time that you must have diagnois before you can apply? I am really new to this whole thing and really need some education before I proceed.