ptsd TDIU & PTSD

[Chief276]

I am submitting a claim for 3 conditions not claimed before, and TDIU due to worsening PTSD & back symptoms. I'm 80% now (70 PTSD +20 back +10 sciatic nerve). I read somewhere on this site recently (but can't find it now) where someone in a similar situation said they were awarded TDIU in a short time, and the award letter said that made the rest of their claim moot (no action taken on other claims). Does that make sense or did I dream that?  

[Berta]

Is this the thread you mean by 'moot" ?

I am assunming that when they awarded the 80% you were employed so they did not consider you for TDIU then, but now you are unemployed...?

 

[broncovet]

If you have 100%, the VA regurarly denies TDIU as "moot".  I have appealed such denial, and the BVA agreed with me that the issue of TDIU is "not moot":

"However, in this case, although the Veteran has been awarded the maximum schedular rating for his service-connected depression (100 percent), the record reflects that he has also claimed that he is unemployable due to his serviceconnected hearing loss and/or tinnitus. The evidence reflects that the Veteran has been unemployed since approximately 2002 or 2003, and multiple VA treatment records reflect the Veteran's contention that his service-connected hearing loss has contributed to his inability to work. Specifically, an xx-ss-  a VA psychiatry
-27

progress note indicates that the Veteran feels that his unemployment is due to his hearing deficit and tinnitus. In a May 2002 typewritten statement, the Veteran claims that he was fired as a result ofhis poor hearing and resulting poor communication. As such, the issue ofentitlement to a TDIU is not moot.
The RO denied the TDIU claim in the March 2008 rating decision, and the Veteran filed a timely notice ofdisagreement with respect to the TDIU issue in April 2008. Although the March 2009 rating decision declared the issue moot, the Board has determined that it is not, in fact moot. To date, a statement ofthe case regarding the TDIU claim has not been issued.
Accordingly, the Board' is required to remand the claim for entitlement to a TDIU to the RO for the issuance of a statement ofthe case. See Manlincon v. West, 12 Vet. App. 238 (1999). After the RO has issued the statement ofthe case, the claim should be returned to the Board onty ifthe Veteran perfects the appeal in a timely manner. See Smallwood v. Brown, 10 Vet. App. 93, 97 (1997)."

Source: Veterans BVA decision

 

[Buck52]

Question?

what is MOOT? is it like its not that but this?

I am considered 90%combined rating and got the extra schedular for TDIU P&T because my disability's was the cause I could no longer work, & when I applied for it  I had not worked in three years because of my disability  but they never paid me for those three years   they just went from the date I first applied for the increase.

Now I been TDIU P&T FOR ALMOST 14 years   and I have a claim in Present for PTSD..not sure how they will use that?  either MDD/Depression or PTSD?

If I am approved for 10% or 30% will they take my TDIU Away and make me 100% P&T stand alone? or do they ask you if you want that?

I hope I get 50%to 70% but I doubt that...well see?

 

........Buck

Edited November 17, 2015 by Buck52

[Buck52]

Anybody Opinion?

[Chief276]

Berta, you are correct. I was working when I got 80% but not working now. The thread you show isn't the one I saw but broncovet's post is more in line with what I saw. What I was trying to say was that when the veteran applied for multiple new conditions/claims (including TDIU), instead of reviewing and exploring them all they just gave the TDIU and said the others didn't matter since 100% was reached with the TDIU. It sped up the process but if in the future the vet is able to find and maintain gainful employment, he will lose the TDIU. That puts him back where he started with the new claims, and since they didn't consider them, his % will drop.

Buck, if my math is right you would need to get at least 50% for PTSD in order to make 100% combined. IMO the PTSD will only strengthen your case for TDIU. I have read other threads where vets have had TDIU taken away but it was because they worked and earned too much $. Do you want to work or not? If not, fight it if they try to take away the TDIU. Otherwise, let them take it and you will be free to work as much as you want and still draw 100%.  

[Gastone]

Chief, just looked at your Sleep Study Clinician note. The things that jumped out at me are: 1. Mild OSA DX 2. No daytime Somnolence reported 3.Septal Deviation 4. Inability to be Titrated with Cpap. 5. BMI discussion - VA speak for saying you've porked up (haven't we all) and probably now have a 17+" neck. All listed as possible SA causes.

Appears to me that the Dr didn't address the possibility of your PTSD being the  main or aggravating factor in your SA DX. You probably want to follow up on that, try a SA DBQ request.

No matter how this claim plays out, you need to get on Cpap or Bipap, sooner rather than later. If that means you have to get your nose holes worked on, so be it. You'll note that your 02 De-saturation hit 89, that not good. If not addressed, heart problems are sure to follow and possibly the development of r/side heart failure (Cor Pulmonale), as a result of Pulmonary Hypertension secondary to your SA. I speak from experience and I'm 100% compliant with my Bipap with supplemental 02 since 2010. Just got 2ndary SC for PH caused by Severe OSA.

Semper Fi