ptsd *Complicated TDIU - Need TDIU Experts/Gurus/Experienced*

[commodog]

Hello all!

First, some backlog, which is my TDIU (new)/PTSD (inc)/TBI (inc) claim that was opened by myself in the middle of 2016:

Now, the complicated part.:

None of my employers could return their 8941's (Document about my history of employment with them) because it was either
A. Not their policy to do so.
or
B. The employers are permanently closed.

So after months of waiting, and me personally trying to reach out to a couple of the employers, no information could be obtained from them (My last employer must have come from the Houdini line, as I could not track him down).


Now, the other complicated part:
I am currently enrolled in VR&E (Voc Rehab).
The program I am in, is the program just above "Independent Living".
After 5 years of education (Yes, you read that right), I finally obtained my Associates in Applied Sciences.
It was one hell of a struggle to get there.
I probably failed 35-40% of my classes due to symptoms and social difficulties brought about by my disabilities.

The VA has informed me that they sent over a VA Form 28-1902b (Here: http://www.vba.va.gov/bln/vre/epss/vetsuccess_jst/VRE_Contractor/pdfs/28-1902b.pdf) to my vocational rehab counselor.
I am not sure how this will effect my potential for TDIU (I am guessing severely), so I am reaching out to the TDIU masters here.

 

What should be my next step?

Thanks in advance!

Commodog

 

[Berta]

I suggest you google this as to what you could do because this can be a common problem.:

www.benefits.va.gov/.../m21.../9-24-15_Key%20Changes_M21-1IV_ii_2_SecF.docx

It seems to me that this M21 link is about making sure the vet who has applied for TDIU had no working income at some point as well as verify the veteran had on the job SC problems.

You could state with any evidence you have ( phone bill etc) that you could not contact any of your former employers and tell them if any are closed.(with proof maybe from google that the business closed or even a buddy statement or copies of any Unemployment comp you might have received when they closed.

Have you filed tax returns even if you had no income?Sounds odd but some people do that.Copies of them would be proof of no income.

A lot will depend on the pdf for VOC Rehab and how they fill it out.

Did you need documented accommodations at the college? Proof of that would have to be considered as well by VA.

 

 

 

[commodog]

37 minutes ago, Berta said:

I suggest you google this as to what you could do because this can be a common problem.:

....

 

 

 

Hi Berta, thank you for the response!

I did have an accommodations letter, written by my speech pathologist. (Ability to record, take breaks, step away, etc.)
The link you posted also seems to be broken. I cannot use it to navigate to the page you put there.

Any chance you could repost it? It would be appreciated. 
 

[Berta]

Maybe best if you google:

M21-1MR TDIU contact employers

Or the third one down here should help:   Just use the right side of your mouse on the pinkish purple header

Section F. Compensation Based on Individual Unemployability (IU ...

www.benefits.va.gov/WARMS/docs/.../m21_1/mr/part4/.../M21-1MRIV_ii_2_secF.do...

1.  
2.  

Reference: For more information on scheduling examinations, see M21-1MR, Part III, ... VA Form 21-8940 requires the Veteran to furnish an employment history for the ... Service (VR&E), obtain and evaluate any records related to this contact.

[DOC]M21-1MR, Part V, Subpart ii, Chapter 1, Section B. Determining ...

www.benefits.va.gov/warms/docs/admin21/m21_1/mr/part5/subptii/.../ch01_secb.doc

1.  
2.  

Determining Disability, Unemployability, and Marginal Employment. ... M21-1MR, Part V, Subpart ii, Chapter 1, Section B .... in comparable operations. Contact the local county agricultural representative for this information, if necessary.

[DOC]Key Changes - Veterans Benefits Administration

www.benefits.va.gov/.../m21_1/mr/.../9-24-15_Key%20Changes_M21-1IV_ii_2_Sec...

1.  

Sep 24, 2015 - required employment history, see M21-1, Part IV, Subpart ii, 2. ... SC disability(ies) cause(s)unemployability, contact the Veteran by telephone to ... and follow the guidelines prescribed under M21-1MR, Part III, Subpart iii, 1.

[PDF]New Guidelines Claiming TDIU

veteransvoteyourcause.com/files/NEW_Guidelines_for_Claiming_TDIU.pdf

1.  

Jun 17, 2013 - VA will no longer presume a claim for TDIU is a claim for increase in all service- connected disabilities. ... former employer(s) listed on the form for which the ... contact the Veteran by telephone to gather .... We will revise the Adjudication Procedures Manual M21-1MR and training materials to incorporate ...

I cannot copy M21-1MR from my PC.

Then again maybe you dont even need to do that above at all.

"I did have an accommodations letter, written by my speech pathologist. (Ability to record, take breaks, step away, etc.)"  that might go a long way.

Do you get SSDI for the same SC disabilities they gave you the 70% for?

Do you have a hearing problem and a speech problem due to the hearing problem?

My neighbor worked for years with severe hearing loss and her speech was also difficult to understand...because of the severe hearing loss. Finally when her work place closed she went to SSA and got SSDI very fast.She had hearing aides but told me it was her speech difficulties that awarded the SSDI.I might be way off base on that in your situation but those accommodations should help support a TDIU...I hope.

What are the 80% SCs for?

[commodog]

15 minutes ago, Berta said:

Maybe best if you google:

M21-1MR TDIU contact employers

Or the third one down here...

Hey, Berta! You're a rock star for getting back to me. Thank you!

My SC conditions are:

70% - PTSD
10% - TBI
10% - Tinnitus

I have a cumulative award of 80% total service connection.

My opinion is that my TBI will be uprated to 40% (currently 10%), PTSD may stay where it is (70%), and I am satisfied with my Tinnitus rating (10%), even if I wish I could sometimes stick a screwdriver in my ear to shut it up.

I currently have no SSDI.
I am an OIF I combatant and my unit invaded invaded Iraq on March 20, 2003.
I do have my accommodations letter around here somewhere.
I have not been employed since 2013, with no employment period lasting longer than ~8 months total, and have been fired for what i would politely call "imminent physical altercation" on a few different occasions, holding probably ~10+ different occupations since 2006 (My ETS date)

I hope that helps!

[MPsgt]

2 hours ago, commodog said:

Hello all!

First, some backlog, which is my TDIU (new)/PTSD (inc)/TBI (inc) claim that was opened by myself in the middle of 2016:

Now, the complicated part.:

None of my employers could return their 8941's (Document about my history of employment with them) because it was either
A. Not their policy to do so.
or
B. The employers are permanently closed.

So after months of waiting, and me personally trying to reach out to a couple of the employers, no information could be obtained from them (My last employer must have come from the Houdini line, as I could not track him down).


Now, the other complicated part:
I am currently enrolled in VR&E (Voc Rehab).
The program I am in, is the program just above "Independent Living".
After 5 years of education (Yes, you read that right), I finally obtained my Associates in Applied Sciences.
It was one hell of a struggle to get there.
I probably failed 35-40% of my classes due to symptoms and social difficulties brought about by my disabilities.

The VA has informed me that they sent over a VA Form 28-1902b (Here: http://www.vba.va.gov/bln/vre/epss/vetsuccess_jst/VRE_Contractor/pdfs/28-1902b.pdf) to my vocational rehab counselor.
I am not sure how this will effect my potential for TDIU (I am guessing severely), so I am reaching out to the TDIU masters here.

 

What should be my next step?

Thanks in advance!

Commodog

 

From my own experience the 8941 issue isn't as important as the 1902b.  The 1902b can be used to your advantage or against you.  Have you read the 1902b? What the Counselors report's can propel you in the right direction for favorable decision.  If you haven't already done so you need to get a Independent Medical Opinion from preferably a VA doctor regarding the issue that that renders you TDIU.  The VA doc may say that can't or won't do this.  If they will, just have the doc enter it straight into your VA medical records thru their office computer.  

[Guest L]

"Berta" has excellent advice as always... I was granted IU - this past year - 12/2016

I have filed income taxes with no income for the past 3 years - but as Berta points out this is beneficial at times. 

I also had old evaluations from employers showing, although I was a great employee,with the exception of  missed productivity goals.

 These both helped with my claim processing based on the VA criteria.  I was also in the Voc Rehab program for this period of time - it did not appear to have affected my claim. 

Edited February 8, 2017 by L
addendum of wisdom....