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]

14 hours ago, Gastone said:

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

 

Hey Gastone!

So, I spoke with my VRC, and she asked if I still wanted to be in the program. The answer to that is "yes".
The thing is, I only attend classes at the half-time schedule. I clearly made my case known to her, and that I have been regularly and consistently attending my MH appointments, and the Mental Health Provider is changing up my meds, etc. She stated, as of last night, that she submitted the 1902b.

What is on it, is anybodies guess. 

I am certainly not looking for P&T. Although my current situation, "I feel", warrants TDIU, I am hoping with consistent help that I can again get back to the grindstone, which to be frank is something I typically like. If not, I will have to suck it up and drive on, I suppose. I'm one of those guys that certainly has these issues, but through it all, I have managed to keep my pride, and I have an amazing daughter who I really want to do my best for. My typical line of work (Either Class A CDL driving, or IT work) makes quite a bit more than IU, so it's not like there is some sort of monetary pursuit there other than right now, my symptoms are messy, difficult to cope with, and again, solely anecdotal, have contributed to terminations/layoffs/firings, and physical altercations at work.

I hope that is a bit more informative...

[commodog]

13 hours ago, broncovet said:

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.  

Hey, Bronco!

Nowhere in either (PTSD/TBI) C&P's did the doctors use the "magic words".
The totality of those C&P's can be found in the link in the opening post to this thread, a post you actually helped me out on, if I recall correctly.

In one line, the TBI C&P doc said my TBI symptoms "affected" my ability to work (Line G., if I recall correctly).

[commodog]

Update:

My Mental Health provider has declared she will absolutely write a letter for the support of TDIU in my case, as she feels the best focus for me and my family is to be readily and consistently available to pursue treatment of my PTSD and TBI issues, and that I am de facto currently unemployable. I was overjoyed (my girls were there too, and they were so happy she listened to me in totality, and stated she would do so.) and felt I found the one psych I have encountered who put the veteran, and not the VA's ledger, first.

She had me fill out a "Release of Information", and will draft a letter within 2 weeks to submit to the VBA in support of my claim, with the Release of Information department giving me a call once said letter is available for pickup.

[Gastone]

Proof that your currently unable to do even "Sedentary Work" will rule the day.

Have you obtained a copy of your MH C& P DBQ? Post a redacted copy when you get a chance.

Semper Fi

[commodog]

17 hours ago, Gastone said:

Proof that your currently unable to do even "Sedentary Work" will rule the day.

Have you obtained a copy of your MH C& P DBQ? Post a redacted copy when you get a chance.

Semper Fi

Hey Gastone, thanks for replying. The link to my redacted C&P, both PTSD and TBI are on the first page of this thread.

Edited February 26, 2017 by commodog

[john999]

Apply for SSDI!  If you think you can bounce between TDIU and work you are probably going to lose both.    If your goal is to go back to work TDIU or SSDI is not for you.   You need to make up your mind if you are going back to work because of your pride, or are you going to take care of your family by getting  SSDI and TDIU P&T.   Being in and out of work  while fooling around with Voc. Rehab just makes your claim more confusing and gives the VA and SSDI and everyone else plenty of ammo to shoot down your future claims.  You still seem to believe that if you admit the degree of your disability that you will lose your pride.   You lose your pride when you get evicted or lose your children because you cannot support them.   I have been P&T for 16 years.  I don't like it.  However, I can pay my bills and I don't lay awake at night wondering how I am going to pay the bills. My wife did not leave me because I had no job and no income.  Since I have TDIU and SSDI I have a decent income with just those two income streams.     You just can't have your cake and eat it too.  You are disabled or you are not disabled from work.   This is how the VA and SSDI sees it.  It is black and white.  This may not be decent or humane but this is the system IMO. You also could really use an IMO to say "the vet cannot do any work at all solely due to his PTSD".  This is what the VA and SSDI wants to see.  If you want to go back to work then go but don't play games with this system since you are cutting your throat.  The people at the SSA and VARO already think every vet or person who applied for disability is a lazy, goldbrick.   Because you see they are working and they look down their nose at you because you are not.  Let them as long as you get the money.