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Jaluluah11B

Second Class Petty Officers
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Everything posted by Jaluluah11B

  1. I called Peggy and did my "5103 Notice Response" over the phone. It is 100% out of my hands now. They will make a decision on an increase to 100% or TDIU based solely on me being granted SSDI for my mental health condition. I don't know if they will schedule another C&P. I have never seen exactly what was written in my SSA decision. They denied me once then I won on my first appeal. I called for any paperwork they could give me and it just has down 1 item = 12.06 Mental Health Anxiety Related Disorder.
  2. Today a new claim was initiated on Ebenefits! Claim date 6/16/2014 Gathering evidence PTSD, Unemployability What do we still need from you? Automated 5103 Notice Response ( This is just going to be a letter sent asking me if I have anything else to submit right? ) I looked at my NOD status and it is still in stage 1. So I have a NOD pending while also getting my 70% reevaluated for an increase due to my new additional evidence (SSDI) ? Regardless I am just happy it finally shows up in Ebenefits. Makes me feel like it's actually moving towards some decision.
  3. I am almost positive that my SSDI is solid enough evidence to eventually raise my rating. I am just not sure if they will grant it right away or deny me and drag out a multiple years long appeal. Either way I should have an answer within the next couple months since it's a very simple 1 contention claim with 1 piece of additional evidence.
  4. 70% PTSD, SSDI I was rated 70% last year and sent in my application for TDIU. I was given another C&P and was denied an increase. I then decided to submit a NOD. While my NOD was sitting in limbo on stage 1 on ebenefits for months I was approved for SSDI based on my service connected mental health disorder. I called Peggy and they said I can submit my "New Evidence" and ask them to reconsider my denied increase. I put together a pretty simple request to reopen my denied claim and consider my new evidence. It has been exactly 40 days since they received my request at the regional office. I am either on the verge of massive success and quality of life or I am about to be punched in the gut. Either way there is nothing I can do about it now besides wait.
  5. Thank you. I have a sit down with that outside the VA doctor in 2 hours. I'm not feeling great about having to go through with this. Ugh. I'm afraid after I pour my heart out and tell the full truth about what I'm dealing with that her final assestment and notes she will send to me will say nothing about my condition how it relates to ability to work. So I will have spent xxx amount of money on nothing but a medication recommendation. Guess we will see.
  6. Received the official packet today. Denial of increase and denied TDIU. I have set up an appointment with a Mental health specialist outside the VA for this Saturday who is going to evaluate, diagnose, and send me a print out of her eval and recommendations. Question - Do I need to find someone with a certain specific title to do my eval? Like md, phd, psychiatrist, psychologist? There are a lot on my area and everyone has a different title. The Dr who is seeing me on Saturday is a licensed certified social worker who specializes in Anxiety, Bi-Polar, PTSD. Her website has a ton of stuff she does on top of that. One line says "Referrals to Social Security Disability". Dr. ____ ____. MA, MSW, LCSW, Ed. D.
  7. Claim closed and finished. Letter in the mail. No updated AB8. Looks like a total denial. Ugh.
  8. Like a psychiatrist outside the VA? I am living at the poverty line with my 70% pay so I don't have enough money to afford any outside help. I see my regular psychiatrist once a month but I can't just come out and say "hey please put in your notes that I can't work" She knows about and talks to me about my extreme social anxiety and social phobia that my PTSD has evolved into and how it's influences everything I do. **sighs** I just don't know which way to go with this.
  9. Well I have the copy. And she has in her final notes my TDIU denial. " Based on the veteran's PTSD alone, veteran should be able to obtain and maintain gainful employment in the sedentary and physical sectors". I just don't get how she made that determination given the questions asked. What books do you read? What movies do you watch? Do you have a girlfriend? What is the current relationship with your parents and family? ( no and no relationship ) That was the entire C&P. It took 5 min.
  10. Thank you. Yeah I was rated 70% on my original claim but from looking at my 2nd C&P notes for the inferred TDIU it looks like this issue will be denied. Unless they increase the PTSD to 100 then it will be a flat out denial on both fronts. I'm very frustrated by that since the C&P was a 5min Q&A about what movies and books I like to read and other general questions. There was nothing related to how my current condition hinders my ability to work. So it feels like a general systematic denial which I will have to appeal. I called Peggy and they said the decision has been made and they are crossings T's dotting I's and will send the decision packet out soon.
  11. I know how you feel. I'm getting ready to put an appeal together and just started researching what steps to take next. I don't have a VSO so maybe I need to get one and discuss it with him. If you have a VSO he will know exactly what to do I'm sure.
  12. Claim moved to "Pending decision approval" Moving really fast now.
  13. I did file for SSDI. That is going through the process right now. Maybe I might have to wait until I get SSDI then include that in my NOD. I really don't want to talk to the voc rehab people. I have some serious social anxiety and talking to more people seems like a daunting task for me. Ugh.
  14. Claim moved to "Prep for decision" today. So they must have got that SSA info but it's going to be a denial on TDIU. Hope it closes out quick so I can go ahead and get going with my appeal.
  15. Well if you require money to live then that doctor would have to take any job that pays money. Full time at $8.00 is working full time. TDIU is for people so affected by their condition that they can not work. There is no getting around that. Nobody cares how much you used to make compared to what you make now.
  16. Well it looks like TDIU will be denied. I'm still on "Gathering evidence" but I picked up my C&P progress notes and here is a few points. GAF- 52 Difficulty in establishing and maintaining effective work and social relationships. Difficulty in adapting to stressful circumstances, including work or a work like setting. The PTSD symptoms described above cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. THEN the big denial- From the standpoint of the veterans PTSD alone, veteran should be able to obtain and maintain gainful employment in the sedentary and physical sectors. So that should be a denial on TDIU. What is the next step for me now when the claim is closed? Do I file a NOD? What further evidence do I have to provide or will I get another C&P?
  17. Well it looks like TDIU will be denied. I'm still on "Gathering evidence" but I picked up my C&P progress notes and here is a few points. GAF- 52 Difficulty in establishing and maintaining effective work and social relationships. Difficulty in adapting to stressful circumstances, including work or a work like setting. THEN the big denial I think From the standpoint of the veterans PTSD alone, veteran should be able to obtain and maintain gainful employment in the sedentary and physical sectors. So that should be a denial on TDIU. What is the next step for me now when the claim is closed? Do I file a NOD? What further evidence do I have to provide or will I get another C&P?
  18. "... For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. ..." Poverty threshold was below $11,201 in the 2008 data for an individual under the age of 65. So in your examples both would far exceed the poverty threshold for TDIU.
  19. Congrats on the decision. Good luck on your appeal or NOD.
  20. On the front page you can look at "Account activity" and it shows every time you log on and check the status updates and shows who logged on. So it shows my name listed as the log on all the way down the list on every update besides 3. On 3 it is just blank as who it was who logged in. 2 of those blank log ins were on the 15th when my claim moved back to Gathering evidence. The 3rd one was yesterday. My question being does that mean those blank log ins are someone else logging in besides myself or is that just a coincidence and it doesn't track when the rater logs in?
  21. I knew what you meant Hollis. I didn't even think about P&T because I just figured I will not get that right away. I guess we will see how it plays out.
  22. That makes me feel more at ease and makes perfect sense. Alright I'll go ahead and apply for SSDI. I'll start doing my research on how to do that. Thanks.
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