ptsd Would Tdiu Being Deferred Be A Cue?

[thomasc]

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 January 15, 2014 by thomasc

[Loose Cannon]

VA doctors are afraid to make statements drawing a nexus between a condition and military service.

I respectfully disagree. Since 2005 I have received all of my care through a VAMC for conditions of PTSD and a TBI injury. Several VA doctors, including a Neurologist has made valuable nexus statements on my behalf. They have helped provide solid evidence and as a result, my claims were adjudicated in my favor.

There are many who say the VA healthcare system is excellent while others say it sucks. I can only speak to my personal experiences which have overall, been very good. Guess you need to experience it yourself for a while before making up your own mind.

Wishing you the best brother in getting the healthcare and services you worked so hard to earn. Thank you for your service!

LC

[thomasc]

Hey Loose Cannon,

I've had a mixed experience with VA doctors, but for the most part its been positive. I know when I've asked my doctors to fill out DBQ's they say that will be done at C&P exam. My VA Psych. doctor wrote me a letter when I asked, but I recently asked again and she said that VA policy changed and that she would have to enter info. into my notes.

My new PCP put me in for all kinds of tests, but it took 5 months to get an appointment.

I know VA hospital vary greatly by states too!

[thomasc]

I just want to say thank you for all the great advice.

You may have been following my story under the posting TDIU Denied - Reconsideration Meeting. I never made it to my meeting because my VSO called that morning to say the VA review felt there was enough evidence that I should be 100% P&T, with the earliest effective date. Sounds like the VA is reviewing my whole case as there were mistakes(CUE) made in the rating.

I am sure God heard my prayers, but HadIt.com answered my questions.

Edited February 24, 2014 by thomasc