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CaptainJack

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Posts posted by CaptainJack

  1. 39 minutes ago, broncovet said:

    Your state, too, may have additional benefits such as reduction or even eliminate property taxes, sometimes they have free license plates, free hunting license, etc.  Do a google search, "(your state) Veterans benefits"

    Once I was rated at 50% a few years back, I got all those things from the state of Oregon, nice.

    One of the surprise benefits was when I was taking  some out of town guests to Crater Lake, Oregon's only national park, and the toll gate guy noticed my permanent veteran plates and issued me a National Park Pass Card(no experation), no gate fees for any park! Pretty cool.

  2. 3 hours ago, broncovet said:

    Congratulations!  Yes, your spouse should be eligible for Champva, and your kids eligible for Chapter 35..does your decision say you are eligible for Ch. 35?  

     

    Yes, in the "Reasons for Decision" section of the award letter, "2. Eligibility to Dependents .....Chapter 35" the last line reads:

    "...evidence shows the veteran currently has a total service-connected disability, permanent in nature"

    They couldn't just say that I was P&T on the front page, it has to be buried in a paragraph about dependents educational assistance, which is why I missed it the first time because that benefit is not applicable to us.

    I will call Tuesday and double check. I also want to find out about ID cards for military commissary access.

    Thanks for the heads up about "Chapter 35"

  3. Hello everyone,

    Found out Thursday, thru a large deposit in my checking account, that my application for IU had been granted.

    Information on health benefits for my wife seem to be all over the place on the web, so I thought I'd ask here. If I have gone from 80% permanent rating to IU 100%, does my wife now qualify for health care under Champva(or Tricare)? Any input appreciated.

     

  4. Went to the exam last Tue, and all went well. Two hour exam which included five pages of "circle the number which best describes..." forms. He told me he didn't have the latest findings from April(where I was rated 70% for PTSD), but made a note to himself to find and review. He told me he is going to recommend an increase to the IU board, so, time will tell.

    Thanks everyone for your thoughts and comments.

    Jack

  5. 2 hours ago, MPsgt said:

    When do you see your psychiatrist again?  Ideally, the VA psychiatrist would be the best for the medical opinion.  “Due to the severity of your  SC disabilities/MH issues.” “The Veteran is 50% more likely than not, unable to maintain gainful employment.” Even better if the doctor further states, “the condition is permanently and totally debilitating.”  It may not be what you want to here but, I’d bet your decision.  Will stay static if you don’t get this medical opinion.

    I don't have a treating psychiatrist. At our local VA hospital, I only ever had appointments with an PA. Not sure they even have one

    on staff at our hospital. She always thought drugs were the answer. I'll look into it.

  6. 2 minutes ago, MPsgt said:

     

    JMO, too

    Yes, it’s always normal.  However, I’ll go further with my opinion.  This pending examiner isn’t your friend and won’t deviate from the most recent, favorable decision.  Depending on your age (yes age) even though they’re not suppose to consider it, whether or not you’ve tried and failed VR&E, received a favor Medical Opinion, and fired from your job.  You’re likely going to get denied this time around.  You’ll need to be still receiving treatment/therapy/medication.  The best deciding factor is the VA psychiatrist making the statement, “you’re unable to maintain employment.”  He/she should be able to make that statement via VA medical records.

    Yeah, I'm planning on a denial the first time around.

    I just turned 65 last March, so I'm sure that will come into consideration at some point.

    I resigned from my part time job back at the end of February after finishing the tear down of an annual Christmas drive through display.

    I've been the supervisor for twenty years and if I hadn't had a second in command for the last several years, I doubt the festival would have been up and running on time these last several years. As much as my physical problems have increased(because of SC injuries)over the last five plus years, the mental issue has become too much.

  7. Hello everyone,

    Back in March I went through two C&P exams for my requested increase in ratings.

    The PTSD exam came back with a 70% rating(up from 30%), neck 20% and back 10% for an overall of 80%.

    Because I had to quit my job at the end of February due to mental health issues, I filed for TDIU. Tomorrow I have another psy exam to attend in reference to the IU claim and I was curious if this is normal?

    And how worried should I be about not only a denial of IU but a new psy doctor reducing my 70% ptsd rating?

    Thanks for any thoughts or insights,

    Jack

  8. On 5/8/2018 at 5:18 AM, Berta said:

    If you were on SSDI solely for SC PTSD and VA knew that when they gave you the 50% for PTSD, they committed a CUE.

    I was at the loocal VAMC many years ago when I overheard a Vietnam vet tell the rep he had SSDI solely for his PTSD ( He was at 30% SC then and apparently was having the rep fill out a request for higher rating," and the rep said..." that is very interesting " and just started talking about something else.

    I caught the vet getting into his car a few minutes later and told him to be sure the VA was aware of the SSDI award.

     

    At the time the VA was giving me some BS -my husband had died with 2 claims pending (one for higher rating of his 30% SC PTSD) and had been receiving SSDI for PTSD. They said in writing that  SSA refused to  send VA his SSA records. It was absolute BS. They also said they did not have  about a year's worth of extensive psyche records from his VA doctor, to include 6 psyche tests revaling 26 GAF etc.

    That was BS too. After a short battle (I was an aggressive claimant) they awarded 100% SC PTSD P & T,with a very favorable EED_-back to the date of his SSDI award date.*

    The irony of it all is that SSDI awarded solely on his VA medical records.

    * I explained the favorable EED that is awarded under some conditions- when they get receipt of SSDI awards. It is searchable here.

    I told the VAMC vet I couldn't help but overhear  the vet rep talking- he said he was surprised the SSDI award he had didnt seem to matter to the rep. I had that same experience with the DAV when my husband was alive and they were his POA. 

    If you were paid below the Poverty level ( others here know more about that)-it should not impact on your TDIU.

    In my case, I received a VA 10% back rating in 1992, but by the mid ninetys, between my back and my knee(not service conn), I was put out on SSDI total disability. In 2012(and here's a lesson for all, DON"T WAIT TO FILE WITH THE VA), I filed for an increase to the back and for a PTSD rating. Was awarded 30% PTSD, 20% neck and they stayed the course on the back at 10%. For a total of 50%.

    Now, as of 3/06/18, my PTSD is 70%, and the rest stayed the same(20 and 10)for a total of 80% rating. I have not received the official paperwork yet(9 days and waiting since they mailed it out), but I will be appealing the back and adding a request for Secondary Service-Connection for compressed spine nerves which make walking difficult(use a cane everyday to steady myself).

    So, time will tell on the VA rating game, but in the mean time, I will file for TDIU and if they turn it down, I will appeal and as a last recourse, get an attorney. My loss of income over the last 20 plus years has been huge. I should have got on this sooner, now I'm 65, and my concern is making sure my wife receives some sort of benefit after I'm gone for all she has had to endure.

     

     

     

     

     

  9. On 5/7/2018 at 5:50 PM, Buck52 said:

    Yes Submit that 21 8940 ASAP Request the IU. or disagree with the decision and request the IU P&T be Awarded based on your S.C 90% DISABILITIES.

       However this should already been requested when you got the 90%.

     if your s.c. disability keeps you from working or doing any type of work  including the work you was doing and had to stop because of your S.C. Disability.

    .Now you may need to get a Qualified Dr to give his pro medical opinion that in his opinion after examining you , you can not work due to your S.C. Disabilities. and submit your SSDI Records also.

      being on SSD For 20 years that's along time and you should already be on VA  IU.

    Anytime a Veteran can work no matter what the income   the VA is shy with giving the IU.

    BUT IU is not a good living b/c   just think about the potential that has been taken away from most of us that can't work or do our jobs we went to school for.

    a married veteran with spouse  the IU income is only moderate compared to what we could have been making as an income had we not got injured or disease from the military..so the average  40.000 yearly income from VA is a far cry to what could have been.   SSD also Helps but its still not what we could have made. but anything is better than ...>nothing. 

    dreams are shattered. and we take what they give us.

    I think they should make a IU vet or scheduler 100% vet comp  income twice the amount they pay out now.

    Only awarded 80% at this time, but once I receive the official paperwork, I will be appealing a back rating and adding a

    Secondary Service Condition request for rating.

    And I agree with you about the income levels even on 100%. Back in the mid ninety's, I was making almost 6k a month, hell of a hit in pay over the last 20 plus years.

  10. Hello everyone,

    Just found out yesterday that my application for increased disability rating from the VA was approved(dated 3/6/18)taking me from 50% to 80% with PTSD at 70%.

    I will be appealing for secondary conditions to the spine, but the most I can hope for when everything is said and done is 90% rating.

    Which brings up TDIU. I have been on SSDI for 23yrs and when I turned 65 on 3/7/18, it rolled over to SS. The only "work" I've done is for a non-profit(for 20yrs)here

    locally and that work is six months out of the year. I receive a stipend of $1000. a month for the six months out of the year.

    In February of this year, I had to tender my resignation to the group because my disabilities have caught up with me and I can't do the work anymore.

    My question for anyone who might have delt with the TDIU process is will they even consider granting me the IU rating given my "work" history and the SSDI?

    I've got the 21-8940 sitting in front of me and the work history section is the concern.

    Thanks for any input,

    Jack

     

  11. I think I read somewhere, possibly here, that VA doesn't have to lend any weight to an SSA finding of disability?

    and as far as I'm aware SSDI is either you're disabled or not, there aren't any degrees of disability with SSA like there are with the VA.

    I could be wrong so best to check with people more knowledgeable.

    Jason

    You're right Long Tooth, you're either 100% with SSDI or nothing. Took seven years of appeals to win that case. And if anyone thinks the VA is slow, try working with the Social Security Administration some day. You don't even start that process without getting a lawyer.

  12. If a vet receives SSDI SOLELY for a SC disability or multiple SCs, and the VA is aware of and has obtained the SSDI records, the VA WILL consider that as probative evidence of unemployability due to service connected disabilities.

    If the VA is aware of the fact that a veteran receives SSDI solely for SCs, but fails to obtain or consider the SSDI findings, the VA has committed a CUE under 38 CFR 4.6.

    Interesting Berta. My SSDI is from a SC disability and a civilian injury(thor back was SC and total R knee civilian). The SC was what put my case over the top at

    the SSDI hearing, but that will probably do nothing for my PTSD claim and my request for increase(from 10%)on the SC.

  13. Obviously the examiner didnt read the file or see the SSA info.

    You may have a fight on your hands and may need an IMO.

    Hang in there.

    Basser

    Actually Basser, she did know about the SS Disability and mentioned it in the DBQ. I walked in the door with two mental health reports from my local VA and copies of the determination by SS just to make sure there wasn't any "waiting for files" BS in this case. I know some guys have waited longer, but it's been a year and a half waiting for the inital C&P exam.

    Jack

  14. Hello All,

    Just got a copy of my C&P exam for PTSD done by QTC in August.

    Two things popped up while reading it, a GAF of 60 and under the

    heading of "Occupational and social impairment", she checked the

    box that corresponnds to 30%(..with occasional decrease in work efficiency and intermittent periods of inability....).

    The claim is service related(actually provided a newspaper article with my name and picture in it), but one of the

    not sure factors is the fact I'm 100% disabiled by Social Security.

    Does anyone have any experience with how well the QTC exam findings correlate to VA ratings?

    Does the VA look at the SS rating as a factor?

    Thanks for any input,

    Jack

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