ptsd Iu When 2 Appy ?what Is Needed?

[rikkor]

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

[pacmanx1]

OK, I still feel that VA looks for the rating of one issue at 60% or a combine of 70%

Edited June 28, 2009 by pacmanx1

[Philip Rogers]

You're right, they do and they do it intentionally. It is meant to dissuade, mislead and discourage the claimant from continuing w/their claim. They never mention 4.16(b) as it is part of their disinformation campaign and they actually require the claimant to ask for extra-schedular consideration, in order to receive it.

pr

OK, I still feel that VA looks for the rating of one issue at 60% or a combine of 70%

[Berta]

I have a post here available under search called Stressors defined (I think that is what I called it)

The VA defines a PTSD stressor in some specific ways.

They can deny a PTSD claim if the stressor does not seem to comply with their definition of what a stressor is.

If a doctor has diagnosed you with PTSD due to this inservice event however- the VA should have given weight to that medical diagnosis.

I might have missed something- do you have a current diagnosis of PTSD?

[Berta]

The 60 % or 70 % IU criteria is BS.

If a veteran has service connected disabilities that render them unemployable it is the policy of the VA to award them TDIU.But they have to formally apply for it if the VA doesnt send them the TDIU form.

I always use 2 personal examples.

Had NSC vet getting PTSD care from private doc.He had never been to the VA.

This was years ago. I read over the TDIU form carefully to see what criteria the VA had put on the form that would prevent him from applying.

There is no criteria.

I sent him the TDIU form and suggested how to fill it out and what to attach to it.

The VA didnt have years of VA Med recs to sort through.He sent them some of his private records and they got the rest of them.

In four months he was awarded TDIU.

He had the sole things he needed for TDIU. Medical evidence of diagnosis and treatment records and an inservice nexus-(Vietnam combat vet)

His doctor had stated in his private records that his PTSD from his service had rendered him unemployable.I forget how he established his nexus.Maybe he had the CAR on his DD 214.

My husband same thing-

SSA award for PTSD 1993

30 % VA SC on appeal.1992.

VA award for 100% P & T PTSD - 1997.

His VA medical records and treatment records, as well as the SSA award - supported 100% for PTSD.(or TDIU same thing)

[Berta]

Gee I forgot a dear friend of mine- too-

NSC

applied for Bi Polar-early 1990s-around time I met him-

forgot to ask for his mil personnel records from NARA-

forgot to apply for TDIU

forgot to send the VA other pertinent documents

finally sent them his 201 file

(this was all done after lots of reminding and begging on my part-but he still forgot to send them the TDIU form.They never got it)-

Got call from him a few years ago that the BVA awarded him 100%- retro for 10 or 12 years-and he wanted to take me to lunch to celebrate-

in Europe!

Luckily- and this vet sure agreed with this- the VA made his wife his payee and declared him incompetent.

He said he could have spent the retro in a weekend.It was a symptoms of his manic bipolar service connected disability.

My long point- it is service nexus for whatever the disability is and then documented medical evidence that the service disability has rendered the vet completely unemployable -that makes a TDIU or 100% award succeed.

[pacmanx1]

b.) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

OK, still no problem, it clearly states that you don't need the 60% or the 70% and it is supposed to be the raters responsibility to ask for the extra-schedular consideration but we all know that this does not happen and if it does it is very rare. Let's keep in mind that the veteran has already applied for and denied PTSD and IU. Rikkor, What was the reasons for the decision in your denial letters from your denied IU and your denied PTDS claims? This may help us understand better.

Edited June 28, 2009 by pacmanx1