Jump to content
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0
winkjo

Good To Join The Crew Again

Question

Veteran Friends

-It"s been since 2007 that Berta and others chimed in to help this veteran move from 20% for DM-II to current 60%...30% of which is PTSD. Thank you ALL. Now back for the next round. Through my DAV Rep, filed for Reconsideration in mid 2008 of 30% rating for PTSD and denial for TDIU, saying for one thing that my VA MH Doctor's words that PTSD is the sole reason that I'm unemployable is"out of his jurisdiction" and therefore had no significance in the case ! WHAT ??? Please note also that the VARO has a copy of a SS Administrative Law Judge's letter awarding total disability (2006) due to my "severe PTSD" and other severe issues.

-I begged and finally attended a C&P Exam for PTSD this past Nov 2009 (never offered by VARO).

As briefly as possible--with fragmented reporting-- I wish to share the critical remarks made by the Examiner, hoping to once again solicit your generous suggestions and/or comments. I hope the following information will help other of us along the winding road to justice and peace of mind:

-Blunted affect, mood agitated, constant vigilence, a few impoverished relationships,etc, etc--

No sleep, avoidance of stimuli, walking off jobs, locking one's self in the house, etc, etc--

reliving traumatic events, unable to have loving relationships and so on.

ONSET OF SYMPTOMS: Chronic

No significant periods of Remissions of symptoms

I "live on the margins of life"

Prognosis for improvement of psych conditions and impairments of functional status: "POOR"

FINAL OPINION :

"After examining the veteran, reviewing C-files, medical records, it is the opinion of this examiner that (his) PTSD symptoms impede his ability to engage in substantially gainful employment.

He has a history of interrupted employment, emotional lability and poor community integration...His notably limited contact with others over the last several years is accompanied by a paranoia that will significantly interfere with occupational functionality.

There you have it, my comrades and friends. Please share your thoughts-

Semper Fi

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

They should award you TDIU !!!!!

Also make sure they consider that SSA award.

An SSA award solely for a VA claimed disability with proof of nexus- is irrefutable proof of unemployability due to service.

You already established your nexus -now they have to prove they can read.And make an award.

(Which they could have made in a heartbeat with the C & P results and the SSA award.)

Your retro should go back to one year prior to your TDIU filing date-

in my opinion- based on what I see here if the SSA award preceeded the TDIU form by one year.

If not you could appeal the EED.

The C & P sounds great to me Marine!

Share this post


Link to post
Share on other sites

Ad

Back again to thank you Berta for the quick and positive feedback-filled information. Your reaction on the PTSD C&P Exam is what I was hoping to hear from you, especially with your experience in interpreting VARO statements and what legal significance each word or sentence may have in a given case.

Regarding the SS ALJ finding "fully favorable for (me)" in the disability decision of Feb 17, 2006, he wrote:

DECISION

It is the decision of the Administrative Law Judge that, based on the application protectively filed on July 12, 2004, the claimant is entitled to a period of disability commencing January 31, 2003, and to Disability Insurance Benefits under sections 216(i) and 223, respectively, of the Social Security Act.

So, Berta, would it not be true that PTSD 100% or TDIU retro would therefore have an EED of January 31, 2003 based on this ALJ's award? If so, we're talking about 7 yrs plus, depending on when VARO decides to cooperate!

Once again, thank you, Berta

Semper Fi

Share this post


Link to post
Share on other sites

Hey Winkjo

Interesting situation. My husband fought 15 years for his 100% PTSD claim and won, even though he had severe symptoms, they based his 100% solely on his interrupted work history and inability to maintain gainful or substantial employment. So I think it should be an award of 100% scheduler PTSD not TDIU, because being unemployable because of PTSD IS 100% PTSD.

Hmmm Just a thought!

Hawk's wife

Back again to thank you Berta for the quick and positive feedback-filled information. Your reaction on the PTSD C&P Exam is what I was hoping to hear from you, especially with your experience in interpreting VARO statements and what legal significance each word or sentence may have in a given case.

Regarding the SS ALJ finding "fully favorable for (me)" in the disability decision of Feb 17, 2006, he wrote:

DECISION

It is the decision of the Administrative Law Judge that, based on the application protectively filed on July 12, 2004, the claimant is entitled to a period of disability commencing January 31, 2003, and to Disability Insurance Benefits under sections 216(i) and 223, respectively, of the Social Security Act.

So, Berta, would it not be true that PTSD 100% or TDIU retro would therefore have an EED of January 31, 2003 based on this ALJ's award? If so, we're talking about 7 yrs plus, depending on when VARO decides to cooperate!

Once again, thank you, Berta

Semper Fi

Edited by hawkfire27

Share this post


Link to post
Share on other sites
Hey Winkjo

Interesting situation. My husband fought 15 years for his 100% PTSD claim and won, even though he had severe symptoms, they based his 100% solely on his interrupted work history and inability to maintain gainful or substantial employment. So I think it should be an award of 100% scheduler PTSD not TDIU, because being unemployable because of PTSD IS 100% PTSD.

Hmmm Just a thought!

Hawk's wife

Hey Hawk's Wife

Sorry to hear your veteran husband's fight was so painfully long a process. Happy to hear he kept fighting and WON! My war with the VARO rages on now since 2004. Actually it started with an inquiry about PTSD in 1984...back when most of us were learning about this newly VA-invented(?) stuff called "ptsd". They denied my claim, said I was bi-polar and nearly killed me with Lithium. :)

Interesting also might be a comparison of the merits/benefits of 100% schedular vs TDIU. Forgive my lack of personal expertise in making this comparison, but would truly appreciate what you folks (and other forum friends reading this) might have to say about the merits of either...I have actually been chasing PTSD 100% all these years. How protected from future VARO meddling in either of the two--down the road I mean--may be the most critical point!???

Thank you for commenting on my struggle, Hawk's Wife-

Semper Fi

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 20 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
×

Important Information

{terms] and Guidelines