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rikkor

Iu When 2 Appy ?what Is Needed?

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I have been unemployed for over 20+ yrs. after becoming SC disabled currently @ 60 %.

Reason being, have had numerous MH problems, Chronic pain,depression, anixity, flashbks, insomnia, besides constant medication and substance abuse problems, secondary to SC injury.(traumatic Laceration of achilles tendon and nerves) when struck/attacked with a power- lawnmower from behind by another unknown active duty soldier, while in AIT. I spent almost 16 months in an army hosp. due to said injury, and subsequently was ret.(med. RET) @ the age of 19. I could'nt file for SS. or actually denied , as i did'nt have enough work credits.

I continue to have the same problems if not worst, and have been denied SC for PTSD even tho I feel it is presumtuous that PTSD would occur from any like injury, ie. traumatic and serious( darn near severerd my leg off)I filed for IU in 2006 considering I have been unemployed all my life and was denied. any suggestions would be considered. thanks

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rikkor - 1st thing, reapply for SSDI, using the either the day after you were retired from the military as your date of disability onset or the date of the injury. At 19yo, you need less quarters and if you became disabled prior to age 22 your SSDI is based on your father's SS account. You will probably be denied and need to appeal up to the ALJ level, to win, but it can be done. Also, if you can get a PTSD diagnosis and you weren't represented by counsel on your previous SSDI claim, you may still be able to appeal that. I'd consider getting an atty to represent you for SSDI. You can check at http://www.nosscr.org.

On the VA claim, you'll need to secure your SS employment records, to comfirm that you haven't worked all those yrs. This is excellent evidence, especially in the SSDI claim but also in the VA TDIU claim. I think you can win a claim for PTSD but will need a diagnosis of PTSD to get it. You might try using a Vet Center for MH treatment. If you have tri-care, or whatever it might be called these days, you could see someone privately.

What percentage were you retired at?

pr

I have been unemployed for over 20+ yrs. after becoming SC disabled currently @ 60 %.

Reason being, have had numerous MH problems, Chronic pain,depression, anixity, flashbks, insomnia, besides constant medication and substance abuse problems, secondary to SC injury.(traumatic Laceration of achilles tendon and nerves) when struck/attacked with a power- lawnmower from behind by another unknown active duty soldier, while in AIT. I spent almost 16 months in an army hosp. due to said injury, and subsequently was ret.(med. RET) @ the age of 19. I could'nt file for SS. or actually denied , as i did'nt have enough work credits.

I continue to have the same problems if not worst, and have been denied SC for PTSD even tho I feel it is presumtuous that PTSD would occur from any like injury, ie. traumatic and serious( darn near severerd my leg off)I filed for IU in 2006 considering I have been unemployed all my life and was denied. any suggestions would be considered. thanks

Edited by Philip Rogers

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I think you are going the wrong way with MH. PTSD is a sticky point with the VA, you should just focus on depression or anxiety.

Have you tried Vocrehab? That is my suggestion. You need a pattern of working and trying to work.

One issue is that the you have never worked. You have not shown the VA that you cannot work, you have only shown them that you are not working.. there is a difference. Also they only consider your service connected conditions.. If you have Non service-connected conditions, that affect your ability to work, then you are not going to win IU. Your posting states that it is your MH conditions that impact your ability to work, not your SC issues.. So you need to get a SC mental health condition..

I will say that I won my IU on physical issues, not mental, even though my mental conditions have a higher rating.

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I'm going to disagree w/airborne18. You had an in service incident that potentially could cause PTSD, so I would go w/that. I've been dealing w/PTSD claims for 20 yrs, including my own. "My feeling" is that airborne18 doesn't feel your traumatic injury was severe enough to cause PTSD. Listen to all the info offered here at Hadit.com and use your own judgement. jmo

pr

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PR,

He has already been denied PTSD. I believe he has a mental health disorder from the trauma. I had an accident in the military and have a mental health disorder..

But the issue is specifically calling it PTSD. They are jerking around combat vets with PTSD claims, so why would anyone think that they wouldn't jerk around peacetime vets?

I was diagnosed with PTSD due to my trauama. But when I filed for it, my NSO filed for "any mental disorder".. and the rating that came back was for anxiety, not PTSD.

I really do not disagree with you, just there is a subtle difference in claiming PTSD vs depression or anxiety on the veterans side, but it is a big difference to the VA. PTSD is a fight, where as a general mental health condition is not.

I thiink the big hurdle is filing for it 20 years after the incident, especially if there is not a treatment history.

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airborne18 - okay! I just feel that he has a verifiable stressor(nexus), which many combat vets don't have. The 20 yrs later thing is the "P" in PTSD, ie: "Post." Lets see, I left VN in 9/67 and never realized there was anything wrong w/me until the late 80's. Never had any treatment between then and when I filed but did have the appropriate social history. Perhaps he should file for a PTSD/anxiety disorder. My concern there is that I know of no cured PTSD cases but I'm sure the VA will "find" a cure for anxiety. We can disagree. BTW, I went thru jump school in 6/65 at Benning and was a 11B4P, w/the 1st Bde (Abn), 1st Cav, 7/65-9/67. Airborne, ATW!!!!!!!!!!!!!

pr

PR,

He has already been denied PTSD. I believe he has a mental health disorder from the trauma. I had an accident in the military and have a mental health disorder..

But the issue is specifically calling it PTSD. They are jerking around combat vets with PTSD claims, so why would anyone think that they wouldn't jerk around peacetime vets?

I was diagnosed with PTSD due to my trauama. But when I filed for it, my NSO filed for "any mental disorder".. and the rating that came back was for anxiety, not PTSD.

I really do not disagree with you, just there is a subtle difference in claiming PTSD vs depression or anxiety on the veterans side, but it is a big difference to the VA. PTSD is a fight, where as a general mental health condition is not.

I thiink the big hurdle is filing for it 20 years after the incident, especially if there is not a treatment history.

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