tdiu Would Calling Help Speed My Claim Up

[Okemos_Veteran74]

 

 

  The person rating my VA disability claim left his work phone number on one of the documents on a C&P Exam page.  Should I call them and ask them if they can speed my claim up?

 

  I have filed for TDIU.  Based on the results from the C&P Exam it the boxes for 70 % were not checked.  I am waiting to hear back from the VA about scheduling a C&P exam for Sexual Dysfunction.  That is the last part of my claim that needs to be addressed.  However Christmas is coming up, I really need the money. 

  Is it a good idea to call the person rating my claim and ask them to settle the TDIU part, and pay me (if and when) the sexual dysfunction part is approved.  I don't think that Sexual Dysfunction is going to make a huge difference in the claim or payout amount.  It would really help to have the money before Christmas. 

Or is there a better way to handle this.?  What about calling a congressional rep?  I don't think that calling the operators on the "800 number'" would be able to help.

 

 

[GuaymasJim]

No one has responded to your post, so I will give you the bad news.

The VA doesn't take a veteran's financial needs into account when processing claims.  There are exceptions-terminal illness, imminent foreclosure, imminent homelessness- but I doubt that Christmas needs would qualify. In fact, I am certain they won't.

I doubt the rater would take offense to your calling him, but I also doubt he would do anything to speed up your claim based on Christmas.

You didn't post the date of your claim, so we really have no way of knowing even a ball park decision date.

[Gastone]

Oke, I did start a response Mon am, my bad for not posting.

For what it's worth, here goes. I don't see that you actually have a current SC Rating percentage, am I wrong? TBI Residuals receive the SC and Disability %.

If you don't meet the necessary SC%, your not Schedule eligible to file for IU.

We need more timeline and DX information. You don't sound like you qualify for a Hardship bump to the front of the line, so don't count on VA Retro for a Merry Christmas.

Go ahead, call the Raters number, if nothing else, it will teach him a valuable lesson. Exactly what Rating Document and how did you come by it?

How about posting the redacted C & P DBQ, I'd like to see what your talking about regarding the "70% boxes not being checked."

You mentioned an ED issue is "part" of this claim. All issues will be decided before and Award/Denial Letter is generated. VA doesn't peace-meal a claim and Award Retro until the raters Decisions are complete and have been reviewed by their supervisors, usually Sr Raters or DROs.

Semper Fi

 

[Okemos_Veteran74]

Hello,

 

  Thank you both for the info. 

A little background of my claim. 

filed: 30 November 2012: for tbi, anxiety, ptsd

first C&P: March 2014

filed for TDIU , and PTSD, anxiety, depression secondary to a personal injury (the tbi)

 

My tbi was caused by a "3 Point Landing"  (feet, butt, head) at Army Airborne School/

 

I am only rated at 40% currently, and I know that is not high enough for TDIU.  However when I went for a C&P the VA asked the rater to see if ptsd, anxiety, and depression were present at the first C&P. 

  The person rating my claim said that, PTSD, anxiety, and depression were "more likely than not" present at my first C&P.

  I also received a  C&P for my tbi.

The boxes for "70% " were check on both C&Ps.

 

  --------

 

I will post my C&Ps in the next email.  I appreciate your input.

 

 

[Okemos_Veteran74]

DBQ NEURO Central Nervous System:

The Veteran is service connected for traumatic brain injury which is currently evaluated at 40%. Please evaluate for the current level of severity of the Veteran's service connected disability. If the diagnosis

rendered is different from the disability for which the Veteran is service connected, please indicate whether the Veteran's current diagnosis is a

progression of the service connected disability or the original diagnosis was in error. If the diagnosis was in error, please provide a rationale supported by the clinical evidence of record that refutes the previous exam (s) which diagnosed the condition.

 

---

---------- 1. Diagnostic Summary

---------------------
Does the Veteran have a diagnosis of PTSD that conforms to DSM-5 criteria based on today's evaluation?
[X] Yes [ ] No

ICD code: 309.81

2. Current Diagnoses
--------------------
a. Mental Disorder Diagnosis #1: Post Traumatic Stress Disorder

 

------

ICD code: 309.81 Comments, if any:

Secondary to the parachuting accident that caused his TBI diagnosis.

Mental Disorder Diagnosis #2: Other Specified Depressive Disorder ICD code: 311
Comments, if any:

Secondary to the parachuting accident that caused his TBI diagnosis.

Mental Disorder Diagnosis #3: Other Specified Anxiety Disorder ICD code: 300.09
Comments, if any:

Secondary to the parachuting accident that caused his TBI diagnosis.

Mental Disorder Diagnosis #4: Alcohol Use Disorder, Moderate-to-Severe, In

Sustained Remission ICD code: 303.90 Comments, if any:

Secondary to the parachuting accident that caused his TBI diagnosis.

If additional diagnoses, describe (using above format):
Mental Disorder Diagnosis #5: Unspecified Cannabis-Related

Disorder
ICD code: 292.9

Comments, if any: In remission. Secondary to the parachuting accident that caused his TBI diagnosis.

b. Medical diagnoses relevant to the understanding or management of the Mental Health Disorder (to include TBI): TBI with Loss of Consciousness; AD/HD, Predominately Inattentive Type; PTSD (per CPRS medical records).

3. Differentiation of symptoms
------------------------------
a. Does the Veteran have more than one mental disorder diagnosed?

[X] Yes [ ] No

b. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis?
[ ] Yes [X] No [ ] Not applicable (N/A)

If no, provide reason that it is not possible to differentiate what

portion of each symptom is attributable to each diagnosis and discuss

whether there is any clinical association between these diagnoses: Veteran's diagnoses are comorbid and have overlapping

features,
reducing differentiation of symptoms to speculation. His alcohol and cannabis use disorders (in remission) were secondary.

c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [X] Yes [ ] No [ ] Not shown in records reviewed

d. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis?
[X] Yes [ ] No [ ] Not applicable (N/A)

If yes, list which symptoms are attributable to each diagnosis: Veteran's diagnoses are comorbid and have overlapping

features,
reducing differentiation of symptoms to speculation. His alcohol and cannabis use disorders (in remission) were secondary. Per his review TBI evaluation, dated 9/26/16, veteran is experiencing headaches, including migraine headaches, in addition to mental disorders as residuals of his TBI diagnosis. His TBI examiner opined, "It is also least least likely as not that the

Veteran's
psychiatric issues are connected to his TBI. Veteran has had moodiness, anxiety, depression, irritability, and impaired awareness.Veteran has extensive comprehension difficulties. He has had extensive psychiatric issues since his TBI. It is more of the cognitive difficulties that impair working."

4. Occupational and social impairment -------------------------------------
a. Which of the following best summarizes the Veteran's level of

occupational
and social impairment with regards to all mental diagnoses? (Check only one)
[X] Occupational and social impairment with deficiencies in most areas,

such as work, school, family relations, judgment, thinking and/or mood

b. For the indicated level of occupational and social impairment, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by each mental disorder?
[ ] Yes [X] No [ ] No other mental disorder has been diagnosed

If no, provide reason that it is not possible to differentiate what portion of the indicated level of occupational and social impairment is attributable to each diagnosis:

Veteran's diagnoses are comorbid and have overlapping features,

reducing differentiation of social and occupational impairment to speculation. His alcohol and cannabis use disorders (in remission) were secondary.

c. If a diagnosis of TBI exists, is it possible to differentiate what portion
of the occupational and social impairment indicated above is caused by

the TBI?

[X] Yes [ ] No [ ] No diagnosis of TBI

If yes, list which portion of the indicated level of occupational and social impairment is attributable to each diagnosis:

Veteran's diagnoses are comorbid and have overlapping features,

reducing differentiation of social and occupational impairment to speculation. His alcohol and cannabis use disorders (in remission) were secondary. Per his review TBI evaluation, dated 9/26/16, veteran is experiencing headaches, including migraine headaches,in
addition to mental disorders as residuals of his TBI diagnosis.

His TBI examiner opined, "It is also least least likely as notthat the
Veteran's psychiatric issues are connected to his TBI. Veteran

has had moodiness, anxiety, depression, irritability, and impaired awareness.Veteran has extensive comprehension difficulties. He has had extensive psychiatric issues since his TBI. It is more of the cognitive difficulties that impair working."

[Okemos_Veteran74]

There, I posted the C&P for the mental disorders secondary to the tbi.  I was really grateful for the examiner writing that my mental disorders were more likely than not present at the time of my first C&P.

[Tyr]

I don't think you will have any luck calling, sorry.

 

I anticipate that you will not have an in person exam for ED.