Bhut

I have not heard from my current attorney yet, I sent her an email last night. She has yet to reply. Maybe waiting for the letter stating claim is denied.

Thanks so much guys for the insight and advice. I should have the denial letter in the mail soon, I don't think another attorney can do much until I have that. I'm not going to give up on it for sure. I just thought it would be so much easier now, especially with receiving TDIU from the VA and being over 50. Hopefully it will work out in the end. I really do appreciate any suggestions or advice, I have always received good advice on this forum. Myself and countless other veterans owe a lot to this forum from the useful information that many post here.

I know you are right, the thing is when SSA declared me disabled in 2003, I pretty much had nothing. I think I was getting about $1500 a month for SSD, at the time I was only receiving 10% disability from the VA. In 2007 a friend of mine was working in Iraq as a contractor and said he could help me get a job there because of my background in the military. I was able to get a job there and worked for two years, and then three more years in Afghanistan. I was able to keep the job but had several issues with supervisors and co-workers. I actually ended up leaving in 2013 and have not worked since then. The VA did not give me a rating of 70% for PTSD until 2016 and TDIU in 2021, with an effective date of October 2013, when I left my job in Afghanistan. I did file for SSD again in 2015, it was denied and my attorney said I should drop the claim and re-file, I dropped and re-filed in in 2018. When I had the hearing via telephone last month I actually had a pretty good feeling, SSD's rehab counselor pretty much told the judge that there were no jobs that I could do in the economy without close supervision. After the hearing my attorney called me back and said it sounded very positive to her and by SSA's rules she thought that we would be successful. Apparently she was wrong (again). Now the problem is my date last insured was December 2018, so now I can no longer apply for a new claim. I guess I will file an appeal but doubt that will be successful either, from what my attorney told me in 2015 when I was denied then that the appeal just goes back to the same judge to review again and he makes a ruling again, I doubt too often they are going to change their mind and rule against their original decision. At the end of the day I am better off having went back to work for those 5 years, I did make a decent amount of money and invested the majority of it wisely and I own nothing on either of my homes, I would not be that well off if I had not taken the job overseas. But it also made my PTSD and Depression much worse than it initially was, and I honestly feel that I should be entitled to SSD benefits. Will see how it goes, but I'm not too optimistic.

Hello guys, I am looking for a good SSD attorney in Florida. I am 50 years old and my claim was just denied by an Administrative Law Judge. I have not received the denial in the mail yet so not sure exactly why denied. I do currently have an attorney but she has been less than aggressive to say the least. I am rated 80% disabled by the VA and receive TDIU benefits. I actually received SSS benefits from 2002-2004 but went back to work for about 6 years until my condition got worse again. I thought it would be relatively simple to get the SSD re-instated, especially since I now receive TDIU benefits from the VA. Wrong. I receive 70% for PTSD, 10% for tinnitus, and 10% for an injury to my left foot. If anyone can recommend a good SSD attorney I would really appreciate it. Thanks in advance.

Hi All, Have a couple of questions regarding chapter 35 benefits for my spouse. I as awarded P&T Disability by the VA back in May of 2021 due to Unemployability. My wife had already been in Nursing school for approximately 1 year. So she chose the date to start her eligibility to begin when she started school. No problem, the VA reimbursed her for the monthly payment that she was due from when she began class, approximately $1,200.00 for each month for about 12 months. My question is does VA only pay this $1,200.00 per month or do they also pay for tuition costs? I have read online that they do also pay the tuition and read different posts that say VA does NOT pay the tuition, only the $1,200.00 per month. We have talked to two different people on the phone at the VA, one says they do also pay the tuition, and another person we spoke to said they do not pay the tuition in addition to the monthly payment. Confused to say the least. My wife transferred to another nursing program here in Florida the first of May this year, she filled out all the paperwork at the financial aid department and gave them her certificate of eligibility from the VA. We are not sure if the VA has paid them or not, she logged onto her account at school this morning and it shows a "zero" balance due, keep in mind she had been attending classes for three months and we have not paid the school anything. This leads me to believe that VA is paying it or will pay it, I cannot imagine the school letting her attend for the last 3 months without receiving some type of payment. Anyone that can clarify this for me I would really appreciate it. Thanks so much.

My wife is trying to get in touch with the financial aid office at her school, the school is a total nightmare to deal with. They cannot even return her emails timely, it has been two days since she contacted them. My award says the effective date is July 2017, too I am thinking they may pay back what we paid to the school since she started 15 months ago. Not the end of the world if they don't but would obviously be nice.

Well I logged onto benefits today and clicked on the letter generator. It says at the bottom of the letter that my disability is considered permanent and total, no future exams are scheduled. So I am hoping this will qualify my wife to be eligible for educational benefits, she is half way through RN school and as many of you know it is quite expensive. Hope they will start paying and possibly reimburse us what we have already paid in the last 18 months.

Hello guys, Have a question, I tried to call the 800 number at the VA today but never got called back. I was recently awarded TDIU benefits, I am rated at 80%. I received a letter today stating that I was awarded TDIU benefits with the effective date of June 2017. It says that I am considered to be permanently and totally disabled. It also states that my dependents are eligible for Chapter 35 educational benefits. I thought you had to be 100% for dependents to be eligible for educational benefits? If so this is great, my wife is currently in nursing school and we already owe about 25k and she still has a year before she graduates. If anyone can clarify this it would be much appreciated. Thanks.

Thanks so much to everyone for all the advice, I have actually had an attorney here in FL working on this for several years, I was only at 10% about 4 years ago, she took over my case after my attempting on my own for several years with no success, I went to 60%, about 4 years ago, then 70% two years ago, then 80% this past year. I am currently rated 70% for PTSD, 10% for an injury to my left foot, and 10% for tinnitus. I have not heard form my attorney since the award the other day, I am sure she will contact me this week. If anyone needs help with a claim I high recommend her and the firm she works for, please let me know and I can give you her information. I am sure without her help I would probably still be at 10% and had given up by now. Again thanks to everyone with the comments and advice, I always welcome advice from others, there is obviously a lot of great information and advice on this board.

Hello all, I have been lurking on the board for a few years, a lot of good advice here for sure. I received a letter a couple of days ago from the VA stating that I have been approved for TDIU. I was rated at 80%, or still may be not sure. Reading the letter it says the criteria for TDIU have been met, it does NOT say anything in the letter about being permanent and total. I called the VA today but the lady on the phone seemed to have no idea what I was talking about. My question is with my new TDIU award will my wife be eligible for any medical benefits, educational benefits, etc? Thanks in advance for any input.

TANKERJOE0, Maybe the exam did not go as bad as it seemed. I sent you a PM. Thanks.

No, I have bought several handguns, rifles and shotguns in the last several years after being diagnosed with PTSD, it had been a couple of years since I have bought any though. I seen to remember some questions asking if I had ever been declared incompetent by the court, or any felonies. I would not volunteer any information regarding being diagnosed with PTSD though, unless it has led to criminal issues you were convicted of. Don't think you will have a problem. Bhut

Berta, Yes, the VA is aware of of these records from the private physican and has acknowledged them in the appeal. The VA doctor that gave me the C&P exam in 2010 said that I did meet the "diagnostic criteria for PTSD and it was due to military stressors regarding (two) different incidents. In the C&P exam this was stated in the appeal I recieved from them, but one one of the incidents the doctor made an error saying that I had witnessed something that I actually did not, but it was regarding the death of a fellow soldier I served with, she stated that I had witnessed it when I actually had not. I never claimed to witness the incident, it even says I did not claim to witness the event in the appeal, I think she did just make an honest mistake. Yes, the independent medical records pre-date the new regs. When I contacted an attorney to help me with this they said that they could not help until the appeal has been decided or denied because they can only help veterans that have filed a NOD after June 20, 2007 and that a remand is not considered a final decision. No, I do not recall the VA ever questioning my stressor and I have not attempted to verify your stressor yourself via JSRRC. But I will do so now. I am pretty confident that the would have a very difficult time proving that a valid etiology for the stressor that is not related to service, but you never know. Again, I have been pretty much shooting from the hip with this claim since 2004 and have done it all on my own and had actually just given up on it but then twice the VA out of the blue re-opened the case. Fortunately, I have found this forum and you (Berta) and it has given me a lot of good advice and insight as to how the VA really works, it must admit it is a bit overwhelming and I realize why people just give up on claims and go away, I myself have done the same thing, even with this claim, until now that is. Thanks again for all the interest and replies. Thanks, Bhut

Hello PR, She told me she was a forensic pshychiatrist. I googled her and found out that she was telling the truth about her credentials. Thanks Bhut

Berta, Is it possible for me to send the information I have to you in a PM, due to the nature of the claim(s) it could be pretty easy for my identity to be figured out on this forum due to the nature of the circumstances involved, even if I black out names, dates, etc. Thanks, Bhut

Hello, I have had a claim for PTSD and Depression ongoing since 2005. I finally had a Comp. and Pension exam in Dec. 2010. The exam was very detailed and exhausting, lasted two hours. Needless to say I was not prepared, I had yet to find this site and did not do any research before going, stupid, I know. Anyway the doctor was very pleasant and professional, after a couple of minutes I realized it was not just chit-chat that she was going down a pre-planned questionaire, I have since seen pretty much the same one on this website, however she did not ask all of the questions as the one on here. In April I recieved a letter stating the claim was denied and being remanded to the BVA. Then in August I recieved another letter saying that the doctor had made an error in the exam, actually it was an error in my favor but was dicoved by the RO and they went on to say that I should be given another exam. The RO did contact the doctor and asked her about the error, she said in light of that she would have to "resort to mere speculation" to warrant a diagnosis for PTSD. I really did like this doctor, she seemed to really care and upon leaving her office she said that she thought I would be happy with the outcome of the examination. The letter does go on to say that I was diagnosed in 2004 with PTSD, depression, and panic attacks from my private doctor, before I ever claimed or filed for VA benefits. Also, I have had some long periods of unemployment in the last 10 years, I was fired from the post office twice for conflicts with co-workers. I applied for SSD and was approved in 2003. A friend of mine was working as a contractor in Iraq and helped me get a job in 2008, I am now working in Afghanistan and plan to for about one more year. My SSD benefits stopped in 2009 due to me being gainfully employed. To be honest the job I have only requires me to actually "work" 2-3 hours a week. Other than that I sit in my room about 9X9 for 18-20 hours a day. I am pretty sure that my symptoms are getting worse but I want to stay with this job as long as I can, as it pays well and I am the only person for my company at this base and I do not have to deal with co-workers or managers. I am now 40 years old and I really do not feel that I will be very employable back in the US. My question is should I try and use the same doctor again for the next exam, as I said I really liked her and would like to use her again. Or do you think since she made an error on the first exam and it was discovered by the RO that she may rule against me this time just to save face? Thanks, Bhut

Hello, I recieved an email out of the blue yesterday from a person contracted by Voc. Rehab. I had taken classes off and on in 2009, and 2010 when they were available at the bases I was assigned to in Iraq and Afghanistan where I work as a contractor. It has been a year since I have taken any classes, I was planning in attending again when I am finished working in Afghanistan in approx. 1 year. I might even be able to take some while here but have not yet. The lady on the phone asked me if I wa s planning on attending classes again I said yes, she asked a few more general questions. Then at the end she asked me if I was recieving any type of prescriptions from VA, I said yes, she then asked what they were. I told her that I thought it was personal and would rather not answer that question. She said that it was no problem and I would hear from her again soon. I have had an active claim since 2005 for PTSD and Depression. I had a C&P exam in Dec. 2010, the exam seemed to go well. I then recieved a letter stating my claim was denied in April 2011. Then in August 2011, I recieved another letter from BVA stating I should be afforded another C&P exam because the doctor had made an error. I contacted the VA yesterday and they said my appt. should be scheduled within the next 3-4 weeks. If I begin taking classes would this hurt my chances of being granted benefits for PTSD and Depression? From the way I understand the last letter from BVA it sounds like there is a very good chance I will be granted benefits, but as we all know, nothing is guaranteed. It also seems strange to me that Voc. Rehab. is contacting me after one year right about the same time I am to go for a Comp. and Pension exam again. Maybe I am just being too suspicious. Does anyone out there have any advice or comments about this? Thanks in advance. Bhut

Actually. Iam scheduled for another Comp. and Pension exam. I am currently working overseas. the VA called my home in FL last week and scheduled one for Sept. 12. I obviously cannot make it. I called and told them I could not be there, they said no problem to call them back about 30 days out and they would schedule another appointment. I would like to post more information about the claim on here but due to the nature of events and the unit I was in it would not be too hard to figure out my identity, I definately do not want that on a public forum. Thanks for the replies. WH

Hello, I posted a question on this board a couple of days ago regarding a PTSD claim I currently have filed, have only had two responses. I did email a copy of the latest paperwork to two attorneys, however both replied back since the claim was filed before 2007, I cannot seek councel until the claim is denied, or if I am unhappy with the award. They did both however ask me to contact them at a later date, I did email them the latest remand I have from VA. This has been going on for over 7 years, needless to say I am a little frustrated. I have pretty much filed everything on my own to date, I know this was not the smartest thing to do now. Is there anyone on this board that would be willing, to look at my claim for me and advise me in what direction to go. I would of course be willing to pay you for your time, if interested please be somewhat qualified, and obviously privacy is of the utmost concern. I just need some direction and advice, thank you for your time. Brest Regards, WH