Camp Lejeune Horror Story

[Berta]

You certainly can appeal that with another IMO,if you feel your conditions show the Total occupational and social impairment criteria , and if an IMO doc will agree with a strong medical rationale.But if you consider that route, it would be great if the doctor would also state that your condition is Total and Permanent -with a full medical rationale for that.

I thought they might not have made the statement they made, and that would have been a CUE.

The doc would need the rating schedule that applies to all mental conditions..in our link to the VA Schedule of ratings here..Meantime I assume the SSDI is aware of the 70% SC..and if they solely award for the SC bipolar, make sure VA knows of that award right away and if the SSDI EED is more favorable than your TDIU filing date, you might be granted the SSDI favorable EED....there is info here under search as to how that works.

Personal example...my husband filed for PTSD and a Stroke with SSDI.1992. They awarded for the Stroke only.SSDI 1993

(stroke was NSC per VA but subsequently became 'as if' SC under 1151 (Malpractice) He was 30% SC for PTSD at that time.

We filed reconsideration with evidence and they then awarded SSDI solely for PTSD back to his last day of employment.1991 (less than a year prior to his stroke)1993

In a posthumous award 3 years after his death the VA finally granted him 100% SC P & T for PTSD, with the 1991 EED that SSA gave him.It was an accrued benefit award to me because he was dead for 3 years by then.

I had significant evidence they ignored right off the bat so this was not an easy claim but I knew the evidence would speak for itself, and I even got his shrink to explain it to them.The award came mere weeks after I went over to the Bath VAMC to see his shrink.He immediately sent them a letter and then they learned fast how to read.

Make sure the VARO has ALL of your psychiatric records.The VA used minimal records from his former PTSD doctor who was the VA  employee counselor,but when they moved him to the real VA PTSD doc ,those records and the significant testing he did, were extremely probative to the claim.

SSA used all of those VA records but somehow VA ignored the same records completely.or the MF showed up (MF   the mysterious force I know very well who is employed by the Buffalo VARO)

We did talk to a SSA lawyer,when we filed the reconsideration request,  who told me there was no way he could help us. He said the recon request I prepared with all of the evidence for it .....would faiI.

I called the lawyer up a few months later to tell him he lost over 4,000 bucks that day.

The recon retro SSDI was around 17 thousand dollars.Make sure your lawyer has every medical record they need.

 

 

Edited November 6, 2016 by Berta

[Bigkevo44]

Thanks a lot Berta,

That was so truly valuable information and advice. I'll let you know how I make out.

[Bigkevo44]

Hi Berta,

The strangest thing happened to me today that I want to get your opinion on. Once I was service connected at 70%, I put in a claim for IU. Actually I put that claim in about three months before I received my decision. However, once I received the good news, I immediately applied for the Service-Disabled Veterans Insurance policy for $10,000. The premium amount on the paperwork was for a different amount than what I received in the mail. So, I called them and was informed that my premium had been waived and paid by the VA because of my 100% P&T status. They said it went into effect from my last day of work which was March 16, 2015. I was shocked to say the least, so I hung up and called back to speak to another representative; same answer...WOW!

The problem is that it isn't reflected on eBenefits at all. Moreover, when I called the VA and spoke with the representative there, she stated that she still sees the 70% rating and upon closer look can't see whether a determination has been made yet. This is confusing to say the least. Both this representative and eBenefits says that a determination should be made sometime around May 2017. I haven't supplied any new evidence as of yet to the VA for IU...could this be an error on their part.

What are your thoughts?

Thanks in advance.

Edited November 14, 2016 by Bigkevo44

[Berta]

That is baffling....

 "They said it went into effect from my last day of work which was March 16, 2015. "

How did they know that date....were you in receipt of SSDI with that as the SSA EED?

You sure might want to go to www.va.gov and click on the Contact Us, then on the Ask a Question things to be redirected to IRIS whereby you can ask about this and you might get a concrete answer...

I dont think ebenefits is always reliable.

 

 

[Bigkevo44]

When I contacted the VA telephone line, they still show 70%. Very confusing, but I am still hopeful. Thanks for all your help and I promise to keep you updated. Y'alls help is invaluable...