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11cvolley
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Posts posted by 11cvolley
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How do you know if they had all your evidence?? Look in the evidence section, and see how it compares to your records. The VA is famous for lost and shredded evidence.
If what Berta said is true about needing my authority to access my ssdi records then they didn't have them or take them into account.
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"But I also wrote how I am getting ssdi for only the sc ptsd and I would wave the dro hearing if they went ahead and granted me 100% for ptsd and/or an IU award for ptsd."
Is the VA aware of the SSDI award solely for the PTSD?
If so why did the VA deny the claim prompting a request for a DRO review?
If the VA knows of the SSDI award and if your stressor is solid, it is beyond me that you were denied in the first place.
Under # 18 on the TDIU form it asks soething about do you get disability retirement?
I think the question is very misleading because this could be answered Yes by a disabled lifer retiree or No by a vet who gets SSDI but has no SC yet for the claimed disability, which they might also get the SSDI for.
Under Remarks a vet can refer them to an additional page if they get SSDI and they check Yes to # 18 and explain to the VA that it is solely for their SC disability. (if it is) on a separate page.
The VA is then supposed to send the vet authorization forms to obtain those SSA records.
I feel every vet in this situation should double check with the SSA to make sure VA has in fact, sent them the authorization forms.
I know that the VA never sent me authorization forms to get access to my SSA/SSDI records.
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Thanks for the input. I hate this waiting game.
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A letter I sent in with my nod. I remember putting in there that I want to sit down face to face. (not exact wording) But I also wrote how I am getting ssdi for only the sc ptsd and I would wave the dro hearing if they went ahead and granted me 100% for ptsd and/or an IU award for ptsd.
Is there a chance they will look at this and just award me IU or are they going to make me go through the whole nod/dro process?
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Should I file a CUE? Will it get pushed in front of my NOD?
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If VA is aware of the SSDI award and has obtained those SSA records, they should award TDIU or 100%.
It is the disability question (# 18 I think) on the TDIU form 21-8940.
I always advise vets to expand on checking Yes to that question and refer ,in Remarks part, to separate page telling the VA you get SSDI solely for the SC condition you are claiming..if that is the case.
“Should the fact that I am on SSDI be enough for the VSO or what more should I do? Do I need to send them the SSDI letter?”
“This really irritates me because the senator's office said he made some phone calls and was told that the VSO isn't going to work on my NOD for 70% ptsd until they finish up the claim to take away my asthma rating. “
That might well be the way it should be done.
I had to get the AO people (Phila RO) to address my pending CUE claim before addressing my AO IHD claim. The CUE had been in progress for 8 years at that point.(Buffalo RO).I filed the AO IOHD claim in 2010. They did address the CUE as well as the AO claim.
This concerns me:
“the VSO isn't going to work on my NOD for 70% ptsd “
and
“be enough for the VSO “
You can prepare the NOD yourself by focusing on why the VA didnt award TDIU,when they awarded the 70%. They gave you a reason you need to overcome by evidence.
I think too much dependence on any VSO is a BIG mistake.
When I called the DAV NSO long ago (who repped my husband) to tell him my husband had just gotten SSDI award solely for PTSD (his claim was for higher rating of his 30% PTSD) the DAV rep told me SSDI awards aren't binding on the VA and he didnt think it would help but it maybe might help. He was very negative.
I then asked him if he ever had heard of Washington V Derwinski and he of course said No.I took the same training course he had taken from NVLSP and he said he never heard of Washington V Derwinski !!!!!! How many vets had similar SSDI awards that he saw no merit in??????
The only reason I called him was to let the DAV know that we were submitting this evidence to the VARO.What a dope.
John said :
"You need to keep track of your paperwork or get someone to help you do that. “
He is SO RIGHT!
I have stacks of files related to VA here dated back to 1988. If I didn't file and tab this stuff in manila olders as it all transpired (I even needed stuff from decades ago for my current claim) I would definitely be in the crapper by now.
You stated:
“I do remember the reason given was basically an increase isn't warranted. “
If the VA was aware of the SSDI award, and did not consider it nor follow up on getting the SSA records, they have violated 38 CFR 4.6 and that decision contained a CUE.
The SSDI award could also determine the proper EED and additional retro ,if that award preceded the TDIU claim date by one year or less.
I posted the M21 regs here the other day on that.
And personal example.
Husband filed 21-8940 in Fall 1992. (August I think)
SSDI award was solely for PTSD with EED of Nov 1, 1991.
His retro VA EED (posthumous award) was Nov 1, 1991.
This was before the laws changed on accrued benefits.
VA only paid me 2 years accrued. Under the new law they would have paid me 3 years accrued based on the EED due to the SSDI award.
Thank you for your reply. If I understand correctly, the VA should award me tdiu based on my 70% ptsd, ssdi for sc ptsd, and haven't worked since mid 2010?
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I don't think you need a lawyer. Your case is pretty simple. If you are on SSDI for SC reasons your TDIU is almost a given. You need to keep track of your paperwork or get someone to help you do that.
Should the fact that I am on SSDI be enough for the VSO or what more should I do? Do I need to send them the SSDI letter?
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I don't think you need a lawyer. Your case is pretty simple. If you are on SSDI for SC reasons your TDIU is almost a given. You need to keep track of your paperwork or get someone to help you do that.
I hope so. I just hate this waiting game.
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Just checked my statues on e-ben. The prep for decision on them reducing my asthma from 30 to 0 has went make to pending decision approval. It was at the prep for note stage. This really irritates me because the senator's office said he made some phone calls and was told that the VSO isn't going to work on my NOD for 70% ptsd until they finish up the claim to take away my asthma rating.
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Gee ,I realized ,re reading this that in my husband's case it was the same as yours.
"I never saw a SSDI doctor. SSDI went off my VA medical records."
First they (SSA) awarded for a CVA (stroke) (now 1151 CVA) and after we asked for reconsideration then SSA awarded solely for PTSD,and both awards were based only on his VA medical, and psychiatric records.
The SSA PTSD award had a EED more favorable then the CVA award,which it trumped -sort of , but this became problematic when VA awarded both of these claims,100% P & T for the PTSD and then 100% P & T for the 1151 stroke.
If anyone else here is in similar situation, they can and should use both SSDI awards for 2 independent disabilities the best way they can for proper VA SC awards.
So do you think the VA will award me some form of 100% or what are my chances?
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I don't have the denial letter, I have a problem with keeping documents. I do remember the reason given was basically an increase isn't warranted. Also my wife confirmed through the Senator's office that I did request a DRO review and I might possibly get a sit down with the person making the final decision.
SSDI awards are independent medical opinions from real doctors.
I never saw a SSDI doctor. SSDI went off my VA medical records.
Thank you very much for your inputs, you guys/gals give me hope. After reading your replies I get the feeling the VA will make the right decision this time around.
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Got a call 2 days ago from the Senator's office about my case. Of course the VA is taking away my 30% asthma rating first, then they will start on my NOD of the 70% ptsd... Figures they can't work both at same time or in a way that helps me. Will prob be at least another year AFTER they take away the asthma before they'll make a decision on my NOD.... My social worker is a little concerned that my last c&p doctor stated I had a 2nd mental issue because you can't combine 2 mentals together. What really ticks me off is FOUR doctors all agree I only have PTSD. This moron c&p doctor comes along and agrees with everything, says I'm actually much worse, but says it might be this other mental issue and not all ptsd... He bases his opinion off of the 2hrs I was in his office. (Social Worker read his notes to me) He also took a lot of stuff I said out of context, like I said I need new glasses but I don't like people being in my face. So he writes down I don't to see better because I'll see people better...
Then he goes on to mention some acronym that means I'm either lying/over exaggerating, or telling the truth since I picked most of the worse 1-5 responses to how I feel, but then goes on to say that he believes I am telling the truth. Then why even bring up the acronym for when someone might be lying? Oh and my fav part.... The VSO in their denial letter citing, "veteran plays strategy pc games." WOW, IDK playing video games means I should be able to hold or even get a job... Seriously VA? Seriously? You A-clowns grant me 70% for ptsd the first time with no issues but then turn around and pull this crap?
IDC how people take this but IMO veterans are treated like 2nd rate citizens with less rights than terrorist.
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I'm sure when I filed the nod I asked for a hearing, One that would be held at my local vso office (How I understood it), but I also sent in a letter saying that I believe I should be rated in a way that gets me IU, or 100% and that I would be fine with getting any rating that results in 100%. So it makes me wonder why the 800# is saying the review officer is working on making a decision. Could it mean they're thinking about going ahead with some form of 100% or what? I mean IDK how the RO could make a final decision without me having my face to face if he/she isn't going to grant me 100%.
Edit: My anxiety is so high right now I can't stop jittering and bouncing my leg. I feel like I just drank a gallon of coffee. I have a lot of faith in this forum as I did a lot of stuff mentioned to me on here for my original claim and I got 70% with no issues. Still feels unreal to get granted 70% when the first time I came forward was years after getting out of the Army.
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idk if this is bad or not but I went over my last c&p and the doctor said my condition is much worse, I won't get better, but she thinks ptsd should be a secondary condition, and some sort of schizo mental issue should be my primary. The c&p doctor also said she feels I am permanently unable to work. Is this going to stop me from getting 100% for ptsd or what?
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It's up to you. I think 20% is enough. You have all the support you need and it sounds like he'll just write a few letters. jmo
pr
I'm a little confused though. I could of sworn I asked for hearing where I'd sit down with the person that'll be making the decision on my ptsd, but my nod is already with a review officer awaiting a decision.
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I contacted a va lawyer and told him about my case and to see if he can help me. Its been over a year since I filed my nod and my nod is only with the review officer which someone told me means that're about to start the long process but others have told me it means my nod is about done and I'll get a decision soon. IDK which is true. The lawyer asked me if I am on SSDI for the ptsd and when the last time I worked was. I told him yes on the SSDI and I haven't worked since mid 2010. He then asked if my va doctor and "va therapist" (social worker) support me getting 100%. I told def my therapist does and she told me the doctor agrees with her. The lawyer then tells me he can def win my case and hurry it up. All I pay is 20% gross amount awarded and 10% of the money awarded to me, equalling 30% and no out of pocket fees. Should I retain the lawyer?
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Thanks for the reply. I got awarded 70% ptsd without any appeals. But my therapist and I both think I should be IU or 100%. She thinks that 70% was a low ball offer.
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Almost 6 months since I appealed and asked for my case to be heard by a review officer at my local VSO. The kind that I would go to and sit down with them. My appeal is still in the first step on ebenefits...
Appeal Pending...
You have initiated an appeal, but at this point your case is still with the local VA office that made the decision on your case. If you have questions about your appeal, please contact that office or your representative, if you have one.
Is this normal or what?
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Its been over 90 days since I sent in all the paperwork to request a personal hearing and guess what? All that they can tell me is that they have received my appeal and it is still sitting at the RO... Bunch of morons that deny a claim for TDIU because you can play a video game... "Oh, ummmm well. The doctor said you are far worse than the last C&P that got you 80%, but you play video games." "So denied!"
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In my own experience they'll probably deny you based on the VOC Rehab. I had my TDUI C&P which the doctor stated I was much worse than previously thought. BUT the RO's reason to deny me TDUI was because I told the C&P doctor that I play Civilization 5 with some of my free time. The RO will pick the dumbest reason to deny anyone. I'm still at 80% waiting for my personal hearing.
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Waiting on them to make the appointment that I sit down with someone at the local VSO. Seems like this is taking forever...
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I still find it hard to accept mst. let alone be around others with it. I get the feeling that I am walking into the room to surrender publicly. 98% of my time is inside the house. I just don't feel free or safe. I feel like a dog that doesn't want to come out of it's cage. I'm a prisoner to my mind.
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I just don't have a connection with any doctor I have seen for my ptsd. It feels like I'm telling a famous scientist about my HS science class. It is like, "Ummm okay," and it just goes from there. I hate when they say, "wow, I'm sorry". Then a long silence like I'm suppose to say thanks.
The group I'm going to try to attend is the MST group. I don't like the fact that everyone who walks through the door is there because of MST. It feels so public in my mind.
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Thank you for your input.
When To Submit New Evidence?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
I should find out today if the VA ever got my ssdi records. Assuming they didn't get them, should I submit them before they start working on my nod for ptsd, while they're wrapping up my asthma reduction?