ptsd When To File IMO

[allan1351]

I presently have a 50% PTSD rating as of May 2015.I filed for an increase and IU.I pushed the button last week.Now my IMO is coming and need to know if I should wait for decision first then file my IMO if denied.Or should I just wait and file with an appeal...Thanks in advance...

[allan1351]

Okay, So now I filed my IMO........and now the VA has put me down for another CP....there went the trigger!!!!   USMC lets talk about when you mentioned I maybe should drop the claim for increase and just leave the TDIU claim...Let me give you the dates and things that I filed.....Better picture of the battle field.....my orginal rating May 14,2015...rated 50%PTSD......June 17,2015 filed for Increase comp based on unemployability......June 24,2015  filed for Increase.......Then on July 16,2015 I filed for reconsideration of the original rating...O'kay I know I don't know what I'm doing......So please try and help all......

[Gastone]

I've had a couple FDC's filed and decided over the past 2 years. Decisions came bak within 6 mos, "Speed of Light" when compared to Reg Axx Claim.

Supposedly, if you file an FDC and the VA Rating Dept decides at some point additional evidence is needed, your FDC can become a Reg Ass claim. Bad but not the end of the world. I take it you filed on your E-Ben site and hit the BUTTON indicating that you wanted the EL Pronto Decision and had no further evidence to provide, right? Will be interesting to see how your recent submission of the IMO plays out. If a Denial had already been determined by the Rater, the Receipt of N & M Evidence will Trigger the VARO Automatic Review of your Claim.

As to your IU claim. Did you obtain a copy of your C&P DBQ, if so what does it say about Employment Problems? What evidence do you have that you have that your IU by VA Standards and Regs? Rater is going to look at your education and training Pre & Post active duty. IU denials are quite common, with raters indicating the Vets education and training indicate the Vet "Should" be able to obtain at the very least "Sedentary Employment" based on his/her Education and Training."

Are you Unable to do even Sedentary work that would earn you at least $238.00 per week? Being currently unemployed or underemployed won't get the IU. If you get Denied IU, give the VA Vocational Rehab Program some thought. A Denial Letter from a Voc Rehab Councilor, indicating you are unable to start or complete a Voc Rehab program due to your SC conditions, would be proof that your currently IU by VA standards.

Semper Fi

[allan1351]

Thanks Gastone

I have an appointment set with Voc Rehab already for the 12th of this month. I can only hope my IMO will cancel out the new CP.....Like you said, it will be interesting to see. None of my claims were under the FDC...O'kay, just looked at eben and noticed it went back to review from gathering evidence....

Edited November 7, 2015 by allan1351

[USMC_VET]

Sorry for the late response..

As far as the previous discussion goes regarding dropping the increase to NOD the original decision....

It all depends on your comfort level and its in a weird grey area considering if you did drop the increase and went for a NOD on the original decision you would still have the TDIU pending.  Im not 100% confident in my knowledge to give you a definitive answer on how that would play out.

As far as I know...lets say you got the TDIU you can still file for increases for disabilities to up their rating, i dont foresee any issues there.  Theres no reason they wouldnt let you do that.  The underlying disabilities can be better or worse under TDIU as long as the enemployability underlying the TDIU doesnt change

I see the TDIU and the increase as two seperate monsters so we will seperate them for now.

As far as the increase goes and your comfort level you have to pick what best suits your claim and your life.

1) drop the increase and file an NOD on the original decision.  This could add 18 months onto your claim before it is figured out and finally gets to a DRO hearing.  Are you willing to wait that long? If you win and get 70%+ you will get retro'd back to the original file date.

2) Keep the increase going and dont NOD, more than likely you are coming up on a decision soon.  Im going to guess your C&P is scheduled, is schedule for within the next few weeks (maybe a month out).  If you keep going with the increase and get the C&P im going to guess you will have a decision within the next 6-8 weeks.  THis means a final decision in the next 8 weeks vs 72 weeks (ish).  do you want a decision sooner or do you want to try for that retro?

That retro is yours and you deserve it.  A lot of folks myself included will say to you dont let them scare you away from what you should have gotten in the first place.  Always NOD a decision that isnt fair.  That is all fine and good but not everybody can wait that long.  So that is your decision.

 

If you have the ability to upload (redact personal info) the IME that would eb very helpful to see what is in their and whether or not that will support TDIU and an increase, etc.

 

 

 

[allan1351]

Thanks  USMC for your reply and time!!!  I truly appreciate everyone trying to help me....USMC I will try and figure out how to upload this DBQ for everyone...It cost a lot of money and this guy's name comes up here on hadit....if I can't figure it out I'm willing to email it to you with your permission.....then maybe you can take the names off..I am not a computer guy....I do feel we Vets need to be careful who we pay.....I was hoping this dbq would stop the cp's.....but there still on eben...hope to hear from you soon......Allan

[allan1351]

Any wisdom on this Voc coming up for me?just don't want to be blind sided anymore...