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

 

[commodog]

11 minutes ago, MPsgt said:

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.  

Hey MP, thanks for the advice!

I just contacted my American Legion rep, and he stated the 1902 is probably not going to be that big of a deal, but of course I am open to all forms of information.

What's got me kind of weirded out, is that both of my C&P's (There is a link I posted to said C&P's in the initial post I made.) directly state that my conditions impact my employment, but I'm not sure how the scale balances between the Voc Rehab counselor, and my medical providers.

[commodog]

21 hours ago, L said:

"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. 

Hey L, thanks for the reply.

I have the same issue. I love "getting my hands dirty". My pops worked 14-16 hours a day (Concrete trucks), and my mom was an accountant for a state agency, also gone 9+ a day.
As far as a solid work ethic goes though, that's just how my family is, and always has been. My work *is* excellent, when I do it.
My work and work ethic are good, but my responses to any kind of hostility/confrontation are not. 
By "hostility" I mean any physical posturing (squaring up, clenching hands, stepping up to me, touching me, etc.), and combined with my forgetfulness and easy confusion, and you get a lot more of these instances. Especially being snuck up on and touched. That's probably the worst event of all.

As you may well know, in the workplace, any physical confrontation is grounds for dismissal, and rightfully so.
I also tend to get loud and very "imposing" at that point too.
I have had this automatic response ever since coming back from combat, and in particular, I think it started when I smacked my head.

The problem is that I am (without trying to brag or bloviate) intelligent, verbose, and when not engaging in activities related to my PTSD/TBI symptoms, come across as quite a nice guy, if a bit "big armed biker'ish" in appearance.
Since the docs at the VA know about my conditions, I have yet to ever encounter outright hostility there, so I think it's hard for them to assess or really grasp.
"Hey, Mr. XXXXXX is a nice guy, it must just be the confusion and memory problems hindering him.", when that just isn't so.

I have indeed filed taxes over the past few years, all of which show no employment, only Pell Grant receipt, and that's pretty much it.
This year, the Mrs. (A school bus driver) is claiming me, as I no longer qualify for a particular tax education credit.
This actually increased her return by something like $500.00

My key concern is that, after 5 years of falling on my face and failing in school, I did finally manage to get my Associates, and my VR&E counselor may be like, "Oh yeah, he is totally employable now because look: success.", which I feel would be a massive misrepresentation of my situation or the totality of circumstances surrounding my disabilities.

I tried, hard as hell, to be productive and maintain employment for over 9 years, post-separation, and like many of us do, kept telling myself that i could do it because I was prideful, mission and task oriented, and put everything before myself. 10 short term employments, dozens of burned bridges, total lack of social life, no friends (Last time I hung out with anybody was 2008, no joke whatsoever.), and I live in the little corner of my room, shop at night or on weekdays, etc., and it's time for me to be realistic.

Not looking for pity, just trying to be objective.

I appreciate all your guys advice and counsel and will take it all to heart. Thanks for taking the time to respond to me and read my posts. It is appreciated!

Commodog
 

[RyanS]

"The Board found as fact that "the veteran's service-connected disabilities are not of such nature or severity as to prevent him from some type of gainful employment."  [**19]  Washington, BVA 89-03089, at 6. The Board relied upon appellant's school attendance to support its conclusion that he is employable; however, there is no evidence in the record before this Court that the veteran is successfully pursuing his studies. In addition, as counsel for appellant stated at oral argument, the skills needed to attend school are different from the skills needed to compete successfully in the workplace. Although the regulations surrounding the issue of unemployability and pension benefits remain a "confusing tapestry," Hatlestad, slip op. at 6, bare conclusions that appellant is capable of substantially gainful employment are insufficient. Hyder, slip op. at 4-5 (citing Gilbert, slip op. at 11-13)."

Washington v. Derwinski, 1 Vet. App. 459 *, 1991 U.S. Vet. App. LEXIS 92 (Vet. App. 1991)

[john999]

I think you need a couple of IMO/IME friendly doctor reports saying you are unable to do any sort of work solely due to your PTSD.  I noticed how you said the exam doctors were professional etc.   Yes, they are professional at helping the VA deny TDIU claims.  Did you have an IMO in your record when you applied for TDIU?  I hope you did not rely just on the C&P exam and VA vocational rehab reports.

I think you need a report from your private psychiatrist to say you are totally disabled solely due to your PTSD.  If you don't have that then you are just wasting your time.   You put all that effort into schooling and now it bites you in the azz.  That is not the way to go after TDIU.   Can you or do you mind revealing your age?  Age is a big factor I think in SSDI and TDIU claims even though it is not supposed to be a factor.  If you are over 50 all the vocational rehab in the world will not make you employable in this economy.  What you want is to get permanent and total disability before you get another year older.  I think TDIU may be one of the weak spots for vets so you should be thinking 100% rating if possible.  When you get TDIU or 100% the 20 year clock starts to tick.  That 20 year rating time makes it impossible under existing law for the VA to reduce you.  The 20 year mark is the only real permanent and total rating that exists because even after 19 years at TDIU or 100% the VA can cook something up to reduce you.  Not too likely but possible.

If we get some real reactionary people in office they may very well look at TDIU and say " Hey, this person is already getting SSDI or a disability pension.  They should not be entitled to another disability rating for the same conditions.  Why don't we just make them choose between SSDI and TDIU"?  I have about 4 years to go on my 20 year TDIU rating.  I am 90% plus SMC  "S" and I still don't rate `100% scheduler with VA.  Our government is creating huge debts and they will look to cut all the so-called entitlement programs like SSDI and VA compensation.   You want to be grandfathered in because I think the government will make it harder for people to get SSI, SSDI, VA compensation and VA NSC pensions.

 

 

 

[Gastone]

ComDog, have you discussed your IU Claim with your VRC? The VRC's opinion regarding your ability to do even Sedentary Work could make or break your IU Claim.

What makes you think that your "CURRENTLY" IU? The VA Rater will look at your Education, work Experience and possible successful completion of your VR Program as evidence that at the very least, you should be able to do some type of Sedentary Employment that would provide Earned Income in excess of the VA SGI ($12,400 per yr under 65). Failure of your prior employers to complete the VA requested Employment Questionnaires is in & of itself not a reason to deny IU. VA IU is determined on a Facts Found Basis. If your Evidence of Record "CURRENTLY" supports an IU Award, you get the Award. Just don't look for a T & P No Future Exams, very rare with a MH PTSD DX as the primary IU factor.

Semper Fi

 

[broncovet]

Ok.  It is NOT a requirement that your previous employer(s) send back the form in order for you to be granted TDIU.  You dont have control of that.  Focus on "meeting the criteria" for TDIU.  It is:

You have to be able to demonstrate that your service connected condition(s) prevent you from obtaining and maintaining Substantial gainful employment.  THAT's the criteria, and the VA has to rate you ON the criteria.  

You need evidence.  Did your doctor state that you were unable to maintain SGE due to SC conditions?   This is the "TDIU nexus" you need.  YOu need documentation that your sc condition prevents SGE.  

Your voc rehab counselor can also supply evidence that you are unemployable.  You need to understand the difference between unemployed, and unemployable.