Jump to content


  • hate-ads-subscribe-now.jpg

  • Ad
  • Ad
  • 14 Questions about VA Disability Compensation Benefits Claims


    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
  • 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

  • Ad
  • 0

Would Tdiu Being Deferred Be A Cue?


I could really use some direction, just really confused and tired of being patient! So I think I might have a CUE.

July 2010, I was awarded 70% PTSD, 30% GERD, 10% ankle = 80%. I asked for an increase in PTSD and GERD and VA logged it as an appeal.

April 2011, I submitted for TDIU using 8940, turned in supporting evidence from Voc. Rehab (Oct. 2011), mental health doctor letter(Oct. 2011), SSA Award(Nov. 2011).

Feb. 2012, I receive a letter stating that Entitlement to Individual Unemployability is deferred because additional information or evidence is needed, IU will be address after appeal issues are decided.

May 2012, VA sends me a letter stating that my IU and appeal are intertwined. My VSO recommended withdrawing the appeal so IU could be decided, and so we did this.

Oct. 2013, receive rating letter with PTSD 70% staying the same, GERD 30->60%, no mention of ankle increase, with a denial of TDIU, because "I have not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities." I guess the good news is VA paid me for my time at PTSD inpatient.

So its hard to know were to start my questions exactly, but it seems that VA was wrong to defer TDIU when they had all the evidence needed to make a decision. Could I CUE this using Rice V Shinseki as this should not have been a separate claim for benefits but an entitlement? Does the VA think SSDI is a gainful occupation? My rating letter made no reference to SSA award but has it in evidence section.

I keep thinking asking for an increase(appeal) and TDIU should not have intertwined, but just another VA delay tactic.

I've been trying to find FL 08-06 (feb 27,2008) as it is referenced in TL 10-07 section The Rating Decision and explains resolving deferrals.

Thanks for reading and any advise would be greatly appreciated.

Edited by thomasc

Share this post

Link to post
Share on other sites

15 answers to this question

Recommended Posts

  • 0

TDIU is treated as a claim for increase.

You should file a NOD and get an attorney to help you.

The Enemy doesnt care about you or you or your claim. In the appeal process, at least legal precedent starts to take over but it really doesnt kick in til it gets to the court.


I could really use some direction, just really confused and tired of being patient! So I think I might have a CUE.

July 2010 I was awarded 70% PTSD, 30% GERD, 10% ankle = 80%. I asked for an increase in PTSD and GERD and VA logged it as an appeal.

April 2011 I submitted for TDIU using 8940, turned in supporting evidence from Voc. Rehab (Oct. 2011), mental health doctor letter(Oct. 2011), SSA Award(Nov. 2011).

Feb. 2012 I receive a letter stating that Entitlement to Individual Unemployability is deferred because additional information or evidence is needed, IU will be address after appeal issues are decided. May 2012 VA sends me a letter stating that my IU and appeal are intertwined. My VSO recommended withdrawing the appeal so IU could be decided, and so we did this.

I heard nothing till Oct. 2013, and received PTSD 70%, GERD 60%, no mention of ankle increase, with a denial of TDIU, because I have not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. I guess the good news is they paid me for my time at VA inpatient for PTSD.

So its hard to know were to start my questions exactly, but it seems that VA was wrong to defer TDIU when they had all the evidence needed to make a decision. Could I CUE this using Rice V Shinseki as this should not have been a separate claim for benefits but an entitlement? Does the VA think SSDI is a gainful occupation? My rating letter made no reference to SSA award but has it in evidence section.

I keep thinking asking for an increase(appeal) and TDIU should not have intertwined, but just another VA delay go away and forget your claim tactic.

I been trying to find FL 08-06 (feb 27,2008) as it is referenced in TL 10-07 section The Rating Decision and explains resolving deferrals.

Thanks for reading and any advise would be greatly appreciated.

r c

Share this post

Link to post
Share on other sites


  • 0

Are any of the conditions you were granted SSDI for - non SC'd conditions ?

Also, this is not ripe for a submission of CUE.

Share this post

Link to post
Share on other sites
  • 0

“My rating letter made no reference to SSA award but has it in evidence section. “

Is the SSDI award solely for established SC conditions?

Did the VA obtain your Voc Rehab records ?

Did Voc Rehab state that your SCs render you unable to continue Voc Rehab?

“mental health doctor letter “

Did that letter specifically state that your SCs render you as unemployable?

I looked for that Fast Letter earlier and could not find it anywhere (FL 08-06 )

However the VA MUST comply with M21-1MR.

This link should take you to the VA's full gamit on TDIU claims.


Did they support their rationale as to being employable with any statement at all?

You might have the basis to ask them to CUE themselves on this decision.

However, “Could I CUE this using Rice V Shinseki as this should not have been a separate claim for benefits but an entitlement? “

I would think the decision will reveal where the CUE is.

It might be a violation of 38 CFR 4.6. Hard to say yet....

Are you able to scan and attach the decision here and include the Evidence list they used?

(Cover your name,address, C file # before scanning it.)

If SSDI is awarded and the award contains any reference to a NSC condition as part of their SSA decision or if Voc Rehab records do not specifically say the veteran's SC's rendered Voc Rehab infeasible, those pieces of evidence can be very problematic for TDIU. Actully they would be useless for TDIU.

However if your MH doctor stated unemployable due to SCs,with a medical rationale , that should hold great weight.

“mental health doctor letter” was this a VA doctor or a private MH doctor...and what did the VA state regarding this letter and what did they say about the C & P exam results?

Do you have a copy of the TDIU C & P examination results.

Did they refer to the inhouse PTSD program records at all ?

I am surprised that they considered you as totally PTSD disabled for the inhouse program, yet still denied TDIU (although that can happen)but seeing the actual decision will help us more, to help you.

The M 21-1MR link will have some court citations in it I'm sure.

Rice V Shinseki is a good case but they might have crapped on your rights here in a different way and the decision and evidence list will tell us more.


Edited by Berta

Share this post

Link to post
Share on other sites
  • 0


Sorry to hear you have too many troubles with the VA as we all do. I have Crohn's Disease and bad GERD. How did you get the VA to up your GERD? My GERD is so bad that I have to have an Endoscopy along with my Colonoscopy every time. I am currently at 30% for Crohn's and GERD connected together, which I think is crap. Thanks in advance

Share this post

Link to post
Share on other sites
  • 0

Do as John has suggested and get a lawyer. The VA defers stuff all the time. No CUE that I see. What was in the appeal you dropped? Dropping appeals usually bites you in the A**. This suits the VA.

Share this post

Link to post
Share on other sites
  • 0

Wow, thanks for the fast replies! I went down to regional VA today and got a copy of FL 08-06(Feb 28, 2008) along with a couple old denial letters. I was in the habit of just shredding denied ratings, but now realize they are a tool to be used. Well when waiting I noticed that the date of the claim was off by a year, should have been a year earlier. I couldn't believe I hadn't notice, and asked the VA representative "what's the best way to fix this?" She said "ask for an earlier effective date." Does this sound right?

I have attached:

  • the VA evidence list
  • the VA narrative used to deny my IU
  • FL 08-06 Feb. 28, 2008

My SSDI award was based solely on my service connect disabilities. My VA Psych. Doc. wrote a letter stating my unemployability. Voc. Rehab kicked me out of the program said I missed appointments, but I was never notified.








Edited by thomasc

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

  • Similar Content

    • By Togore101
      Hello everyone I am new to the site. And I recent submit a the dbq for an increase for my PTSD and I trying to understand it but im just not getting it. So I figured would ask you all. Below is what the examiner put in the record.
      Review Post Traumatic Stress Disorder (PTSD)
      Disability Benefits Questionnaire
      Name of patient/Veteran: =========
      Is this DBQ being completed in conjunction with a VA 21-2507, C&P
      [X] Yes [ ] No
      SECTION I:
      1. Diagnostic Summary
      Does the Veteran now have or has he/she ever been diagnosed with PTSD?
      [X] Yes [ ] No
      ICD Code: F43.1
      2. Current Diagnoses
      a. Mental Disorder Diagnosis #1: PTSD
      ICD Code: F43.1
      b. Medical diagnoses relevant to the understanding or management of the
      Mental Health Disorder (to include TBI):
      No response provided.
      3. Differentiation of symptoms
      a. Does the Veteran have more than one mental disorder diagnosed?
      [ ] Yes [X] No
      c. Does the Veteran have a diagnosed traumatic brain injury (TBI)?
      [ ] Yes [ ] No [X] Not shown in records reviewed
      4. Occupational and social impairment
      a. Which of the following best summarizes the Veteran's level of
      and social impairment with regards to all mental diagnoses? (Check only
      [X] Occupational and social impairment with reduced reliability and
      b. For the indicated level of occupational and social impairment, is it
      possible to differentiate what portion of the occupational and social
      impairment indicated above is caused by each mental disorder?
      [ ] Yes [ ] No [X] No other mental disorder has been diagnosed
      c. If a diagnosis of TBI exists, is it possible to differentiate what
      of the occupational and social impairment indicated above is caused by
      [ ] Yes [ ] No [X] No diagnosis of TBI
      Clinical Findings:
      1. Evidence Review
      Evidence reviewed (check all that apply):
      [X] VA e-folder (VBMS or Virtual VA)
      [X] CPRS
      Evidence Comments:
      DATE OF NOTE: MAR 05, 2018
      CHIEF COMPLAINT: "same old same old"
      Veteran is here for 6 week follow up for PTSD, Alcohol Use Disorder,
      unspecified, episodic. At last appointment, low dose venlafaxine was
      added, aripiprazole, prazosin, and melatonin were continued.
      He reports symptoms are about the same. His wife is pregnant with twins,
      so he is trying to minimize arguments at home. He worries he will not be
      able to connect with the babies, because he struggled so much with his
      daughter and points to her persistence as the reason they are close now.
      He see no change in sleep, remains irritable, and more hypervigilant due
      To recent car break ins on his street. He has cut down on drinking, and
      denies any binges since last appointment. He continues to have fleeting
      SI, but denies intent. He often has thoughts of hurting others, but
      strongly denies acting on the thoughts. No recent hallucinations. He
      does talk to himself when he is trying to work something out, but denies
      hearing voices other than his own. It can be embarrassing as coworkers and wife
      have caught him.
      DSM 5 Diagnostic Impression
      Alcohol Use Disorder, Unspecified, episodic
      1. Decrease irritability and anger- does not interfere with home or work
      life more than one time per month, ongoing, improving
      2. Improve feeling of connection with others- enjoying and developing
      relationships, ongoing, no change
      3. Decrease avoidance of social situations/crowds- can tolerate Wal Mart,
      enjoy outings with family, ongoing, no change
      4. Improve sleep- no difficulty falling asleep, sleep 6 to 8 hours
      nightly, ongoing, worsening
      reviewed records and discussed options
      - increasing venlafaxine to 75 mg
      - continuing aripiprazole, prazosin, and melatonin
      - suggested individual supportive counseling at the Vet Center after Dr.
      Bhatia leaves.
      - monitoring labs at next appointment
      - Will continue to follow closely. RTC 6 weeks/PRN
      2. Recent History (since prior exam)
      a. Relevant Social/Marital/Family history:
      Last C&P PTSD DBQ May 2016
      Lives in Moncks Corner, SC with wife of 9 years and daughter age 4.
      Daily routine: Lay down for bed 2100. Will fall asleep 2300. Wake
      frequently. "I have to do certain things to calm down. I need my
      gun next to me. I have to check the house make sure its locked. Make sure
      the alarm is on. If I hear something, it wakes me right up and I have
      to check it out." +Nightmares, night sweats. "Sometimes
      I'm swinging and yelling and talking in my sleep, so my wife leaves for a different
      room. I wake up and she's not there and it freaks me out."
      melatonin for sleep, prazosin for nightmares. Abilify for PTSD.
      Diagnosed sleep apnea by sleep study in 2013, prescribed CPAP and is
      Relationship with wife: "We almost got divorced a few times. She
      didn't understand what was going on. She started reading up on it. The whole
      reason I went to mental health was because of her."
      Relationship with daughter: "She is scared of me. She has seen me
      Snap a few times. She is on guard. She doesn't know if I'm going
      to be up or down. She is my heart. She is the only thing that makes me feel
      normal." Will watch cartoons and read books together.
      Hobbies: play basketball, go to gym "but now I just sit in the
      House watch TV or just in the room." Likes anime.
      Support: father "he's been with me through everything."
      And is Veteran
      too, wife "but there is a wall there where I don't open
      b. Relevant Occupational and Educational history:
      Working for passport services for 3 years. "Its rough at times.
      There's a lot of people in there. They had to move my seat because I'm
      too jumpy. They moved it so I'm not around a lot of people. It is hard
      to focus. I have to use sticky notes. They have been pretty supportive.
      I've had good supervisors." Was counselled about days missing
      for work; "I had a blow up at my co-workers so they spoke to me about
      that." Miss 2-3 days per month. "When I get to work, I drive around the
      Building and if I see something I don't like, I just go home."
      Military history: E4, MP, Separated 2014, Honorable, Served about 6
      c. Relevant Mental Health history, to include prescribed medications and
      family mental health:
      Mental health treatment with prescriber and therapist. No history of
      hospitalizations. Was in group therapy "but I didn't like it."
      d. Relevant Legal and Behavioral history:
      "When I was in Japan I got us into trouble because of my alcohol
      abuse. I got into a car accident and hit 3 cars." Was sent to ADAP for
      anger and PTSD. A month ago got into a physical altercation with sister's
      boyfriend "I laid hands on him. So then I went to a hotel room and stayed there and
      then I went on a drink binge."
      e. Relevant Substance abuse history:
      Alcohol - "I abused it really bad. My PCM said it was affecting
      My liver." Was drinking4-5 25 oz beers, drink a bottle of liquor over
      The weekend. Now will drink 1-2 beers.
      Tobacco - 2-3/day
      Denies other substances.
      f. Other, if any:
      Current reported symptoms:
      Anger: "I black out and become very violent. I knock TVs off
      walls. My wife was ready to leave me."
      Triggers: "foggy day and rain." "Ignorant and stupid
      Social avoidance.
      "If a car is behind me too long, I start to think he is following
      me. There is a particular truck that I know and he gets too close to me. I
      got sick of it and one day I followed him home. I didn't do
      anything, but I blacked out mad. I knew I needed help."
      Flashbacks - "I was shopping with my wife, and this guy had a
      turban on his head and I thought I was back there. Its constant, its all the
      Hygiene - "My wife got on my because I went a week without washing
      And I didn't even realize it."
      Suicide - "I thought about driving into traffic at the light. One
      Time I sped up and got on railroad tracks when a train was coming. I
      thought, what am I doing? I went into store parking lot." Reports
      this occurred 2 weeks ago. "I keep a picture of my daughter in the car
      to keep me from [doing it]."
      3. PTSD Diagnostic Criteria
      Please check criteria used for establishing the current PTSD diagnosis. The
      diagnostic criteria for PTSD, are from the Diagnostic and Statistical Manual
      of Mental Disorders, 5th edition (DSM-5). The stressful event can be due to
      combat, personal trauma, other life threatening situations (non-combat
      related stressors). Do NOT mark symptoms below that are clearly not
      attributable to the Criterion A stressor/PTSD. Instead, overlapping
      symptoms clearly attributable to other things should be noted under #6 - "Other
      Criterion A: Exposure to actual or threatened a) death, b) serious
      c) sexual violence, in one or more of the following ways:
      [X] Directly experiencing the traumatic event(s)
      [X] Witnessing, in person, the traumatic event(s) as they
      occurred to others
      Criterion B: Presence of (one or more) of the following intrusion
      Symptoms associated with the traumatic event(s), beginning after the
      traumatic event(s) occurred:
      [X] Recurrent, involuntary, and intrusive distressing
      Memories of the traumatic event(s).
      [X] Recurrent distressing dreams in which the content and/or
      affect of the dream are related to the traumatic event(s).
      [X] Dissociative reactions (e.g., flashbacks) in which the
      individual feels or acts as if the traumatic event(s)
      were recurring. (Such reactions may occur on a continuum,
      with the most extreme expression being a complete loss of
      awareness of present surroundings).
      [X] Intense or prolonged psychological distress at exposure
      To internal or external cues that symbolize or resemble an
      aspect of the traumatic event(s).
      [X] Marked physiological reactions to internal or external
      cues that symbolize or resemble an aspect of the
      Criterion C: Persistent avoidance of stimuli associated with the
      Traumatic event(s), beginning after the traumatic events(s) occurred,
      as evidenced by one or both of the following:
      [X] Avoidance of or efforts to avoid distressing memories,
      thoughts, or feelings about or closely associated with
      the traumatic event(s).
      [X] Avoidance of or efforts to avoid external reminders
      (people, places, conversations, activities, objects,
      situations) that arouse distressing memories, thoughts,
      or feelings about or closely associated with the traumatic
      Criterion D: Negative alterations in cognitions and mood associated with
      the traumatic event(s), beginning or worsening after the
      traumatic event(s) occurred, as evidenced by two (or more)
      the following:
      [X] Persistent and exaggerated negative beliefs or
      expectations about oneself, others, or the world (e.g.,
      am bad,: "No one can be trusted,: "The world is
      dangerous,: "My whole nervous system is permanently
      [X] Persistent, distorted cognitions about the cause or
      consequences of the traumatic event(s) that lead the
      individual to blame himself/herself or others.
      [X] Persistent negative emotional state (e.g., fear, horror,
      anger, guilt, or shame).
      [X] Markedly diminished interest or participation in
      significant activities.
      [X] Feelings of detachment or estrangement from others.
      [X] Persistent inability to experience positive emotions
      (e.g., inability to experience happiness, satisfaction,
      loving feelings.)
      Criterion E: Marked alterations in arousal and reactivity associated with
      the traumatic event(s), beginning or worsening after the
      traumatic event(s) occurred, as evidenced by two (or more)
      the following:
      [X] Irritable behavior and angry outbursts (with little or no
      provocation) typically expressed as verbal or physical
      aggression toward people or objects.
      [X] Reckless or self-destructive behavior.
      [X] Hypervigilance.
      [X] Exaggerated startle response.
      [X] Problems with concentration.
      [X] Sleep disturbance (e.g., difficulty falling or staying
      asleep or restless sleep).
      Criterion F:
      [X] The duration of the symptoms described above in Criteria
      B, C, and D are more than 1 month.
      Criterion G:
      [X] The PTSD symptoms described above cause clinically
      significant distress or impairment in social,
      occupational, or other important areas of functioning.
      Criterion H:
      [X] The disturbance is not attributable to the physiological
      effects of a substance (e.g., medication, alcohol) or
      another medical condition.
      4. Symptoms
      For VA rating purposes, check all symptoms that actively apply to the
      Veteran's diagnoses:
       [X] Depressed mood
      [X] Anxiety
      [X] Suspiciousness
      [X] Chronic sleep impairment
      [X] Mild memory loss, such as forgetting names, directions or recent
      [X] Flattened affect
      [X] Impaired judgment
      [X] Disturbances of motivation and mood
      [X] Difficulty in adapting to stressful circumstances, including work or
      worklike setting
      [X] Suicidal ideation
      [X] Impaired impulse control, such as unprovoked irritability with
      of violence
      [X] Neglect of personal appearance and hygiene
      5. Behavioral observations
      Veteran was open and forthright with no evidence of exaggeration or
      feigning symptoms. Affect blunted. Minimal eye contact. Speech regular
      rate, tone, volume. Thought process linear, logical, goal directed.
      Thought content absent for delusions, hallucinations, paranoia or HI.
      Endorses SI with no active plan, but drove car onto train tracks last
      week. Discussed safety, crisis line, Veteran has MHC appointment next
      week. Veteran reports safety to return home today.
      6. Other symptoms
      Does the Veteran have any other symptoms attributable to PTSD (and other
      mental disorders) that are not listed above?
      [ ] Yes [X] No
      7. Competency
      Is the Veteran capable of managing his or her financial affairs?
      [X] Yes [ ] No
      8. Remarks, (including any testing results) if any:
      PCL-5 score 72, indicating probable diagnosis of PTSD.
      Veteran continues to meet criteria for PTSD. He reports social
      withdrawal, sleep problems, memory problems, irritability, anger that is both verbal
      and physical, suicidal thoughts. He has work accommodations because of
      his PTSD symptoms. He misses several days of work a month because of his
    • By bc0311
      I'm new to this site, and somewhat novice with claims as I've ignored them since my discharge in 2012, but I have some questions that I've yet to find answers for that hopefully someone can help me with:
      In a nutshell, my story is I did my four years, two hellish combat tours to Afghan, got out in 2012, immediately filed my claims for a few disabilities like back and shoulder issues and got a 40% rating total. I've since not looked back as none of that concerns me. My issue now is that I was sent to a mandatory PTSD screening during one of my visits that year, and the examiner kind of went about the thing blase, and although I did tell her most of my traumatic experiences, she gave me 0% for "Combat PTSD not related to military service" as it says in their justification, whatever that means. I don't think they even attempted to listen to me as my experiences were extraordinarily traumatic and have been a detriment to my mental health and quality of life since. And yet I now have an effective date of a PTSD claim from day of discharge 6 years ago for 0%, says it right on eBenefits. I think you know where I'm going with this...
      After 6 years of dealing with a slew of issues related to PTSD, I decided this week to start looking into trying to re open the case. My questions for you are.... Would I be entitled to any back pay if I could prove that I've suffered from PTSD since then, and that they made their original decision in error? And if so, how could I go about receiving the exact paper work / medical records from that one specific screening I had in 2012? I've looked everywhere and I don't really know how to navigate either of these situations... 
      Thanks a lot!
    • By jbgruver
      I received my Award letter granting my Appeal for CUE granting me an Earlier Effective Date for my 100% Service Connected Disability Pension.  It stretches from September 1, 1971 to January 27, 2003.  My appeal Lawyer says he has to present a brief to the VRO outlining what I think I should be getting paid.  I was shocked to say the least.  The granting of CUE claims is apparently rare.  I was told that my case may not reach the VRO for another 30 days and it will take some time for  it to be reviewed by at least 3 review officers after the amount of the Award is determined. Determining the amount is very complicated because I went through five (3) "Successful" Marriages during this time window  two children from the first which lasted a year after 1971. Putting the dates together for these Earth shaking events will be difficult as I will have to contact each of my Ex's to nail them down or else research vital statistics at the record centers involved.  I do not think the VRO will want to use the expensive time to go over all of this "Historical Data" and petition me for a compromise? This covers a period of 31 years, 4 months, and 26 days. I would like to hear from others who have gone through this type of process in order to get some idea of what I am facing and how long it will take to get it funded?  The way things are going, with "Savage Barbarians" at the helm, I may just get told to "Go to Hell"?  These are Treacherous times!  My Disability is Bipolar Affective Disorder aka Manic Depressive.  i.e. I am F'ing Nuts!
    • By Ryan22
      CURRENT STATUS: 100% P/T
      CLAIM SUBMITTED: 14 JAN 2015
      1. 21-526EZ LINE 5 - Have you ever filed a claim with the VA?
      Yes box checked
      "Informal Claim" handwritten in box
      2. 21-526EZ LINE 9
      Handwritten inside box:
      NOTE: Attached is copy of DUA letter dated Jan. 16, 2014 stating I had to submit this formal claim "within one year from the date of this letter" January 16, 2014. I am of the opinion that this submittal meets the requirement to use date of informal claim as the effective date of claim for this submittal.
      3. 362/LM - INFORMAL CLAIM RECIEVED LETTER Dated 16 JAN 2014
      Title of Letter: "IMPORTANT -- reply needed within 1 year"
      Relevant Text of letter:
      a. 'We received your request for VA benefits on November 27, 2013. We consider this request as an informal claim for benefits.'
      b. "If your completed application is received within one year from the date of this letter, and we decide that you are entitled to VA benefits, we may be able to pay you from the date we received your informal claim."
      Dated: 26 NOV 2013
      I attend to apply for compensation benefits under the FDC Program. This statement is to preserve my effective date for entitlement to benefits. I am in the process of assembling my claim package for submission"
      On 17 APRIL, 2014 I was at the mental clinic at the VA. I was homeless at the time so they sent me to a social worker. The social worker I believe had me fill out a form for an emergency pension. I'm not sure what I filled out exactly-not a very clear time of my life. In my paperwork I have, I see I received another informal claim letter reflective this date of 17 APRIL 2014.
      1. Could opening a CUE appeal impact my current 100% P/T status? If there is any chance of this I do not want to submit a CUE at all. I just want my effective date reviewed, nothing else. Is that possible or does the whole claim get reviewed?
      2. Is there someone I can contact at the VA to see why they decided on the effective date I have right now? Maybe I'm missing something and I didn't follow the rules correctly. Maybe whatever I did on 17 APRIL 2014 impacted my effective date/but even then, wouldn't my effective date be 17 APRIL 2014?
      3. In your opinion, do I have a case for CUE?
      4. How long does the CUE process take in your best guess?
      Please include any other advice or information, links that might help me.
      Side note: It goes without saying, but I would like to say it anyway; thank you so much for making this forum a resource for not only myself, but for all veterans. You guys are truly helping; THANK YOU.
    • By WomanMarine
      Okay, now that I have been at this for over a year, I am now starting to understand the V.A. 
      I was medically discharged in 1975 with a recurrent dislocating patella with a DoD rating of 10%.  I started having problems, as noted in my SRT, in my 10th week of boot. It was not till a year later, when bowling @ Leatherneck Lanes, that my patella completely dislocated, tearing ligaments and my meniscus.I was seen the next day in Ortho, with a 'grossly sublexed patella' and subsequently discharged for this condition.
      Two months later I landed a job with Southern Pacific Railroad. About a month into the job, again, my knee went out on me causing me to 'crash and burn' at work. I was seen that evening at the V.A. and referred to Ortho, who placed me in a full leg cast for six months. Because of this I lost my job at the railroad 
      I then applied for Vocational Rehabilitation and put on the form that I was 10% disabled. I did not realize that it was a DoD rating v. a V.A. rating. I was subsequently denied, but it was never explained to me the difference of DoD v. V.A. Again in 1980 my patella went out on me, again tearing my meniscus and ligaments. I went to the V.A. and was X-rayed, which showed torn ligaments. I then applied for V.A. disability. I was denied, but did not know this till recently and why, as I was homeless and did not receive the notification.
      According to the V.A. they submitted form VAF 21-526. They stated that I "did not receive subsequent treatment for my injury since my discharge." Which was obviously untrue, as I had been seen by the V.A. for this injury only four years earlier, only three months after my discharge, and lost my job because of it. 
      Today the V.A. cannot find the records of my 1975 - 1976 6 month Ortho rehab.
      I can understand losing them 42 years later, but not 4 years. 
      I am hoping my claim is wrapped up with the V.A. within the next month, as I had my final C&P last week for my back. I have three discs that are protruding, one is on a nerve. This is due to my gait being off for the last forty years, because of my SC knee.
      OH and my SC knee, they rated at 30% and took it away as they said that it was a prior injury to service and was Service Aggravated.  
      During the Ortho exam, after the 1975 accident on base, I stated that, once as a teen my knee gave way running track. For all I know, I could have stepped on it the wrong way, as my patella never dislocated and tore ligaments ... But the V.A. now insists it is Service Aggravated and gave me 10% for arthritis. After I was service-connected and applied for an increase, the examiner that rated my knee recently amended the exam and said that, because my condition is so severe that my left knee must now be included, as well as a bilateral factor, as I have arthritis in that knee, as she said, because of my gait. And she ordered an MRI of my Lumbar. The MRI shows DDD from S1 L1-L5. And specifically L4-L5 which I was recently told that I will need surgery, as they are compressed and pressing on a nerve.
      Recently I located my physical fitness entrance exam and it makes no note of ANY issues and passes my lower extremities. I believe, because of this that the 30% for my R knee, that was denied should be awarded?
      Do I have a CUE from the 1980 error?
      Thank you for reading my question?
      Oops ... I posted this question a few months ago: 
      The V.A. is driving me nuts! 
    • By tazntaylr
      I have been working with a VSO to file my claim. I am currently in the process of gathering information. Only thing, file for MST with PTSD or file PTSD. VSO was hung up on the sexual part of MST.
      Was in service 1991-2000. In 1995 was involved with a female soldier, who also was involved with another male (married) soldier. After an exercise and the last night sleeping together she asked me to kill his wife. After the second time I went to CID and wore a wire twice. While the Article 32 hearing was going on she was let out of pre-trial and started harassing me, being around me. I was moved from my company to another, and ultimately to the brigade HQ (rear detachment). Brigade HQ was deployed then. Both the female soldier and male soldier were other than honorable discharged, but I was exiled for a year. Not the same after. As I was getting out in 1999 I learned that she had asked other people in the unit to kill me. I was seen at a Vet center into 2000.
      Same time as the Article 32, my chain of command was trying to discipline me for an Article 15/court martial. The incident was with the female soldier (before she had asked me) and was on a trumped up charge. Even had the 1st sergeant threatened me in his office about "if he could not get me on that charge he would find another". After my time in Brigade HQ I returned to almost a new unit, only 5% knew me. All I wanted was out, but he harassed me every day to change my mind and go to the promotion board. Would not even let anyone drive me to airport to PCS.
      It took my wife to point out that when I get harassed or witness it at work that I am affected by it. I am currently being seen for it by the Vet center I was seen at before. The vet center had listed me as PTSD and marked as military trauma. 
      Also, I don't have anything from that time as I was not in a good place and as a 26 year old did not want the reminders in my barracks room. So if anyone knows how to get the CID or JAG records I am all ears.
    • By anxiousinMD
      Hello and TYIA for any responses and for reading my long post.
      BLUF: I would appreciate some insight or just plain ol speculatin on why the VA raters would submit me for a lumbar strain increase (that I didn’t submit for) while working on my current claim? Also, are secondary conditions disqualified in the 60% calculation for SMC Housebound? I know it says the 60% must be separate from the 100% condition, but how does this work if I’m on IU, with secondary conditions? 
      I’m probably overthinking at 4am but why would they submit me for an increase for a condition when I didn’t ask them, and the increase has no bearing on the final rating due to VA math, unless it qualifies me for SMC, or they believe I should be qualified. I’ve never raised the issue of SMC and I’m still learning about it trying to figure out my claim, and I know they are supposed to do due diligence, but that’s not my first hunch since that’s why I’m still in this process.
      History: I filed a claim in 2015 for PTSD increase and TDIU, was granted increase in 2016 to 70% PTSD, denied TDIU. Combined, 80% with other SC conditions. BBE/VSO said I was denied increase to 100% even though I had a nexus statement from a psychologist saying total social and occupational impairment, at least as likely as not, etc., but they said because I was still employed (I was on long term disability leave but not yet “terminated” and yes they had the relevant evidence through my employer and insurance), and my VA treating provider’s opinion took precedence who didn’t feel my symptoms quite qualified me for total of course, though he‘s a CRNP versus a psychologist and I don’t think he even knows me. I thought they were supposed to take the rating and credentials that favor the Veteran but never mind me. I also survived and was approved for Social Security and life insurance premium waivers during this period without having to appeal, with the same medical information and evidence, with the same VA SC conditions, even coming from VA docs and providers.
      Of course I appealed the rating and TDIU denial (they can decide) in 2016. I also submitted a new claim for secondaries to PTSD, and in my fog, with that claim an increase for PTSD and TDIU, even though I already had those on appeal. I believe I read or was told somewhere (or maybe my brain made it up) that if I submitted new evidence, the raters could look back at the effective date and could EED to the original claim if the evidence shows and close the appeal. Or, they could approve me from the date of the new claim and the appeal could deal with the stuff before that. But what they did was what they are apparently supposed to do (according to Peggy and the VSOs): defer the appeal related claims to the appeal. DOH.
      Current Status: Early this month my claim progressed and I was granted an increase to 30% for IBS secondary to my 70% PTSD, and since I had a pre-existing 10% for nerve condition and 20% for lumbar strain, that brought me to 90%. My claim never went to complete and I never got the BBE, ebenefits bounced around from gathering of evidence to pending decision approval within days of my last C&P (I had one for PTSD and one for IBS). I’m not sure why they would give me a C&P for PTSD if they are deferring that part of my claim to appeal as I was told. Maybe they’re just giving me a checkup because my 30 appointments and inpatient stays and shock treatments over the past year weren’t enough medical evidence.
      I learned of the increase bc I got a small retro and my ebenefits letters and disabilities changed within days, but the claim stayed open. I found out by calling Peggy and VSO that it’s due to an increase for my lumbar strain that someone in the rating chain put in. I do have plenty of evidence in my medical records that show my back is also crap. I got sent to a C&P for my lumbar strain and now I wait in GOE. The C&P examiner, Peggy, VSOs specifically say I was submitted for an increase for my back, not a review. BTW, in ebenefiits in the disabilities section, the PTSD increase is still open, the TDIU disappeared, the IBS is rated, and the lumbar strain doesn’t appear. Yes, I know ebenefits is unreliable and I should find something else to do, but compulsively logging into ebenefits is an activity quite similar to playing a slot machine for me. Every 1 in 10000000 logins I might get a glimmer of hope, and it keeps me going lol.
      I Wonder: What difference does it make if I’m rated 20% or 30% for my lumbar strain? Why would this be raised since my overall rating won’t change from 90% either way? Trust me, I AM NOT COMPLAINING AND I AM GRATEFUL, anything they do (and they have been getting faster and more Vet-friendly it seems) positive for the Veteran that saves future agony and torture is an appreciated blessing. It would help in the future in qualifying for SMC, but I don’t qualify with the math now. Just wondering if they don’t have enough to do over there, because in the future I’d probably have to get another C&P. Also, I would have to have another condition at 30% for that math to work out, and I pray nothing else worsens enough for that to happen.
      Does “separate” mean it can’t affect the same body system or it can’t be a secondary condition? Because with secondaries, I could potentially qualify for SMC, and therefore the VA rater would be setting me up for success. Otherwise, it just seems like extra work for them when they could close my case and get their quota numbers and help another Vet...again, not complaining but whoever is on my file seems to be thorough regardless.
      I know they could be doing anything over there, and I’m glad they’re working on my claim, but just for s&g I’d appreciate any guesses or suggestions, and any help clarifying the SMC Housebound math thing please.
      Thank you all.
    • By mrstephens11
      Good news, I filed three CUEs and now have three C&P exams.  Great news, it's with the VES and not the VA.  The best news, I've seen one of these VES Doctors before and he rated the disability exactly correct!
      My question is, since I was given the C&Ps for the three disabilities that I filed the CUEs against, does this mean that the VA is agreeing that they made a CUE?  I understand the exams still have to happen for the rating portion, but does this mean the bureaucratic part of the VA agrees there was a mistake?  Logic tells me "yes, why would they schedule an exam if they were just going to deny the CUE."  However, this is the VA and logic is hard for them.
      Last night I was going through my records to get them ready for the C&Ps.  While I was doing this, I found another CUE that if accepted will net me another 10% back to 2005.  Go through your records, DBQs, and Rating Decision letters, you might have CUEs just waiting to be found!
      Thank you,
    • By hawkfire27
      Please delete
    • By mrstephens11
      If I claimed to be rated for chondromalcia(knee)  and I'm given a rating for flexion limitation and the VA didn't give me a rating for instability, but my knee does give out.  Is it a CUE that they didn't try to give me a rating for instability?  I have evidence of falling from my knee giving out in service and since then.  Can some one cite some case law that would apply to them not giving me a rating even though I didn't exactly claim it?
      Thank you,
    • By desertshield
      If at a RO hearing, the hearing officer determined that a Veteran's previously unknown medical condition, i.e. heart arrhythmia or hypertension, was found so soon after entry, ( about 2 weeks ), onto active duty that in their opinion it couldn't have started in military and therefore denied the claim on that basis, have they in essence made a medical opinion and therefore something that could be contested as a CUE?   
    • By Stick Slinger
      I was never diagnosed in service with OSA. I weigh 220 and I am 6' tall. I am rated at 70% for PTSD and the meds I take add to the OSA. I had my personal Dr. and the Psychiatrist I see both write letters to support that the meds I take add to and cause the OSA. My Dr filled out the DBQ and sent it in as well. I had a failed sleep study results sent in  with my claim. I also have documentation I sent it that back up the fact that OSA is tied to PTSD and is aggravated by PTSD. Then sleeping with the prescribed CPAP machine adds to the PTSD. Just curious if anyone has ever won this claim? I am going to appeal but wanted to get any advise here first if someone has any to share.. not sure if there is anyone who has gone this route before and won?
    • By Jamezam
      I submitted a CUE in July 2016 and checked on the status of CUE claim November 2016. My C-file has a Report of General Information form in it, with the note below.
      It seems like my CUE is just sitting in limbo and they stupid thing is, they state right in their notes that "CUE needs rating separate from appeal…" My CUE is not listed in eBenefits or on Vets.gov. What can I do to ensure CUE claim is being worked on? Thanks...
    • By kent101
      I see now the VA is using ecstasy on Veterans saying it helps cure mental illness. Ecstasy causes some major brain damage. The VA Hospital forcefully did lobotomies on 2000 WW2 Veterans and ruined their lives.
      Roman Tritz’s memories of the past six decades are blurred by age and delusion. But one thing he remembers clearly is the fight he put up the day the orderlies came for him.
      “They got the notion they were going to come to give me a lobotomy,” says Mr. Tritz, a World War II bomber pilot. “To hell with them.”
      The orderlies at the veterans hospital pinned Mr. Tritz to the floor, he recalls. He fought so hard that eventually they gave up. But the orderlies came for him again on Wednesday, July 1, 1953, a few weeks before his 30th birthday.
      This time, the doctors got their way.
      The U.S. government lobotomized roughly 2,000 mentally ill veterans—and likely hundreds more—during and after World War II, according to a cache of forgotten memos, letters and government reports unearthed by The Wall Street Journal. Besieged by psychologically damaged troops returning from the battlefields of North Africa, Europe and the Pacific, the Veterans Administration performed the brain-altering operation on former servicemen it diagnosed as depressives, psychotics and schizophrenics, and occasionally on people identified as homosexuals.
      The VA doctors considered themselves conservative in using lobotomy. Nevertheless, desperate for effective psychiatric treatments, they carried out the surgery at VA hospitals spanning the country, from Oregon to Massachusetts, Alabama to South Dakota.
        Roman Tritz talks about the scars from his lobotomy.  
      The VA’s practice, described in depth here for the first time, sometimes brought veterans relief from their inner demons. Often, however, the surgery left them little more than overgrown children, unable to care for themselves. Many suffered seizures, amnesia and loss of motor skills. Some died from the operation itself.
      Mr. Tritz, 90 years old, is one of the few still alive to describe the experience. “It isn’t so good up here,” he says, rubbing the two shallow divots on the sides of his forehead, bracketing wisps of white hair. 
      The VA’s use of lobotomy, in which doctors severed connections between parts of the brain then thought to control emotions, was known in medical circles in the late 1940s and early 1950s, and is occasionally cited in medical texts. But the VA’s practice, never widely publicized, long ago slipped from public view. Even the U.S. Department of Veterans Affairs says it possesses no records of the lobotomies performed by its predecessor agency.
      Musty files warehoused in the National Archives, however, show VA doctors resorting to brain surgery as they struggled with a vexing question that absorbs America to this day: How best to treat the psychological crises that afflict soldiers returning from combat.
        Between April 1, 1947, and Sept. 30, 1950, VA doctors lobotomized 1,464 veterans at 50 hospitals authorized to perform the surgery, according to agency documents rediscovered by the Journal. Scores of records from 22 of those hospitals list another 466 lobotomies performed outside that time period, bringing the total documented operations to 1,930. Gaps in the records suggest that hundreds of additional operations likely took place at other VA facilities. The vast majority of the patients were men, although some female veterans underwent VA lobotomies, as well.
      Lobotomies faded from use after the first antipsychotic drug, Thorazine, hit the market in the mid-1950s, revolutionizing mental-health care.
      The forgotten lobotomy files, military records and interviews with veterans’ relatives reveal the details of lives gone terribly wrong. There was Joe Brzoza, who was lobotomized four years after surviving artillery barrages on the beaches at Anzio, Italy, and spent his remaining days chain-smoking in VA psychiatric wards. Eugene Kainulainen, whose breakdown during the North African campaign the military attributed partly to a childhood tendency toward “temper tantrums and [being] fussy about food.” Melbert Peters, a bomber crewman given two lobotomies—one most likely performed with an ice pick inserted through his eye sockets.
      And Mr. Tritz, the son of a Wisconsin dairy farmer who flew a B-17 Flying Fortress on 34 combat missions over Germany and Nazi-occupied Europe.
      “They just wanted to ruin my head, it seemed to me,” says Mr. Tritz. “Somebody wanted to.”
      Counting the Patients
      A memo gives a partial tally of lobotomized veterans and warns of medical complications. A note about documents:
      Yellow highlighting has been added to some documents. The names of patients not mentioned in these articles have been redacted, along with other identifying details. All other marks are original.   The VA documents subvert an article of faith of postwar American mythology: That returning soldiers put down their guns, shed their uniforms and stoically forged ahead into the optimistic 1950s. Mr. Tritz and the mentally ill veterans who shared his fate lived a struggle all but unknown except to the families who still bear lobotomy’s scars.
      Mr. Tritz is sometimes an unreliable narrator of his life story. For decades he has meandered into delusions and paranoid views about government conspiracies.
      He speaks lucidly, however, about his wartime service and his lobotomy. And his words broadly match official records and interviews with family members, historians and a fellow airman.
      It isn’t possible to draw a straight line between Mr. Tritz’s military service and his mental illness. The record, nonetheless, reveals a man who went to war in good health, experienced the unrelenting stress of aerial combat—Messerschmitts and antiaircraft fire—and returned home to the unrelenting din of imaginary voices in his head.
      During eight years as a patient in the VA hospital in Tomah, Wis., Mr. Tritz underwent 28 rounds of electroshock therapy, a common treatment that sometimes caused convulsions so jarring they broke patients’ bones. Medical records show that Mr. Tritz received another routine VA treatment: insulin-induced temporary comas, which were thought to relieve symptoms.
      ‘Anxious to Start’
      The VA hospital in Tuskegee, Ala., asks permission to perform lobotomies. To stimulate patients’ nerves, hospital staff also commonly sprayed veterans with powerful jets of alternating hot and cold water, the archives show. Mr. Tritz received 66 treatments of high-pressure water sprays called the Scotch Douche and Needle Shower, his medical records say.
      When all else failed, there was lobotomy.
      “You couldn’t help but have the feeling that the medical community was impotent at that point,” says Elliot Valenstein, 89, a World War II veteran and psychiatrist who worked at the Topeka, Kan., VA hospital in the early 1950s. He recalls wards full of soldiers haunted by nightmares and flashbacks. The doctors, he says, “were prone to try anything.”
  • Our picks

    • I was rated at 10% for tinnitus last year by the VA. I went to my private doctor yesterday and I described to him the problems that I have been having with my sense of balance. Any sudden movement of my head or movement while sitting in my desk chair causes me to lose my balance and become nauseous. Also when seeing TV if there are certain scenes,such as movement across or up and down the screen my balance is affected. The doctor said that what is causing the problem is Meniere's Disease. Does any know if this could be secondary to tinnitus and if it would be rated separately from the tinnitus? If I am already rated at 10% for tinnitus and I could filed for Meniere's does any one know what it might be rated at? Thanks for your help. 68mustang
      • 15 replies
    • Feb 2018 on HadIt.com Veteran to Veteran. Sharing top posts and a few statistics with you.
      • 0 replies
    • I have a 30% hearing loss and 10% Tinnitus rating since 5/17.  I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating.  Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive.  I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties.  I don't know whether to file for a TDUI, or just ask for additional compensation.  My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help.  Does anyone know which forms I should use?  There are so many different directions to proceed on this that I am confused.  Any help would be appreciated.  Vietnam Vet 64-67. 
    • 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
      • 14 replies
    • VA C and P Exam – Do’s and Don’ts – VA Compensation Pension Exam


      The following is written from a VA Compensation and Pension Examiners perspective relating to psychiatric exams. It is a good guideline for all exams but I only did psych exams. I’ve been examined by the VA for multiple problems and this is my format when I go to be examined. A little common sense and clarity ...

      Continue Reading
      • 0 replies