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Tdiu Automatic File?

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djweaz

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Hi,

On friday, I recieved letter from DAV and from VA putting me at 80% (woo hoo) I never expected it to go that high or get disapproved. I was approved on PTSD severe depression, high anxiety, based on unemployability. Section 2 said tdiu is deferred, I thought ok, this will give me a chance to decide to file it or not as I just started with Chapter 31 again this month. Chapter 31 knew this was being filed and said that either way they had to transition me into either retirement or back into the workforce. Back into the workforce think of something I want to do for a living. Retirement, choose something I want to do to stay busy in retirement.

The very next day I get a letter signed by the same person from the VA stating they are working on my claim for TDIU fill out this form and return it so they can rule on it.

Now I am afraid, maybe it is my anxiety maybe it is not. Why didnt they rule on this while ruling on my claim? What other evidence can I give them they don't already have? I worked for a month last year first time in years $8 an hour part time down from suit & tie 60k salary in 2003. Says right in my paperwork I dont like to leave my house. One of the things that worry me when I file this, is what if they re-open my claim and decide nah we gave him to much or he doesnt deserve anything for ptsd and strip me before I get back pay or first check even. I know that one of my counselors put in that I needed this but I also know one of my other ones thinks I should work and thinks much of my issue is in growing up not ptsd ( I think she is wrong)

What is it with this 80% or 100% if they do IU? Do I have to keep my schedules full with doctor appointments as I do now and live evolve around the va? Do they keep re-evauluating me? I know PTSD is uncurable but what if they consider it getting better and pull my check?

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  • HadIt.com Elder

Okay, take deep breaths, in through the nose, out through the mouth.

You will not have to revisit your examination.

It is apparent that they consider you "unemployable". All they need is the form filled out. They flourish and thrive on "forms" much as flowers do on fertilizer!

You will not have to spend the rest of your life schelpping back and forth to the VA (unless you want to, that is, and we'll get to that in a jiffy, okay?).

You DO need to make your every three months, or every month, or every six months, psych appointments. AND, if they have you in a group grope, then you need to go to those. And this is FOR YOUR BENEFIT, NOT FOR PROVING ANYTHING TO THE VA. THIS IS "TREATMENT", for you, for your disability(s). Nothing more than that. Do not "read" into everything the VA does, something sinister, don't let your anxiety run away with itself. Okay?

Remember those deep breaths.

It is obvious that you cannot work. It's obvious to the VA that you cannot work. There should be, with the symptoms that you have described (and exhibited) that you do not need to be considering chap 31. I'm sorry, I know, I KNOW (literally, I really do) what that means to you.

Having said that, it is apparent that you have an intelligent mind and can communicate effectively. So, let's us get back to the schelpping back and forth to the VA.

I've got a proposition for you (NO, I ain't "propositioning you"), but, can I share what has helped me, a lot:

See, I'm back and forth to the VA Medical Center for all sorts of physical/mental reasons, so, I thought "Hey, I see that the JWV (my affiliated service organization, but it doesn't have to be the JWV, it could be the American Legion, the DAV, the VVA, etc.) does not have an active rep at the VAMC........hmmmmm? And, I'm down here, at the VAMC weekly (and, sometimes weakly, also, but we won't go there).

So, now I, ME, MOI, is the JWV veterans service officer, and, a couple of times a week, I go to my office at the VAMC (well, actually, I wind up there, at my office, MORE than a couple times a week, but never mind that).

How's about YOU?

Whatcha gonna do?

You wanna use your skills to help another vet?

I can't think of anything more rewarding than that (well, short of brain surgery, etc.).

Hmmmmmmm?

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  • HadIt.com Elder

It is very impoortant for all Veterans to know. The VA does not do anything even when they know a Veteran should have TDIU till it is asked.

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  • HadIt.com Elder

Pete,

When ya gonna be back down to the VAMC?

I'm buying.

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ok, went to my DAV rep yesterday he pulled up my file and my report after reading this is what he said based on my medical review

1)The taking away can most certainly happen- He does not see it happening to me.

2)They can certainly schedule another exam- based on my doctors wording "prognosis for recovery poor unable to work due to service connected condition".

3) Filing TDIU- given that I am 80% the VA probably recognizes I am unemployable. with my prognosis that it is more likely than not I will get it

4) due to my report although it is not a given I should also file for social security which I have not done up to this point.

5) while filling out the paperwork it was quite easy due to working one month last year for minimum wage, was the first time in 7 years that I had worked tumbling down from a Mangement position 50k salary in 2003

6)length of time it will take for review can reach 6-8 months or longer for tdiu not to get my hopes up but with my report I thinks about 3 months

7)"that when (err) if I get my 100% we will talk about what I can and cannot do)

I understand that they can not say you will get this, but do you think he is blowing smoke?

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  • HadIt.com Elder
Pete,

When ya gonna be back down to the VAMC?

I'm buying.

Sorry I got wrapped up and my Buddy just lost a pal. I also forgot to tell you for which I apologize.

Lets shoot for next Tuesday

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