sevensees

Hello everbody, and thank you veterans for your service. I appreciate all of the kind help I recieve here. Brief Summary: 2001: Father became disabled due to disability 2005: applied for VA Disability (PTSD) 2006: Awarded SSDI for depression and anxiety 2012: awarded VA disability 50% for "Major Depression and Anxiety (Claimed as PTSD)" 2013: Filed timely NOD for rating amount and also requested an inferred TDIU (extraschedular) since they knew he hasn't been able to work because of his disability since 2001 and also referenced his SSDI in his award. He also has 2 doctors notes stating (and certifying that he permanently and totally disabled). 2015: Hired attorney for TDIU I help my father with his claim and while preparing for his NOD C&P exam tomorrow, I noticed what could be a major mistake by the VA. In his 2009 C&P Exam the examiner states: ------------------------------------ Comments: The veteran does not meet the full criteria for PTSD, because he does not have any reexperiencing of the trauma (**this is simply not true and was already diagnosted with PTSD by his main VA psych doctor). PTSD Initial: Effect of PTSD on occupational and social functioning Is there total occupation and social impairment due to PTSD signs and symptoms? YES Examples and pertinent symptoms, including those already reported: The veteran has been declared unemployable by the social security administration based on "stress, anxiety and PTSD". The veteran's current leel of anxiety and depression and his poor interpersonal conflict resolutions are obstacles to his ability to manage gainful employment productively. ------------------------------- So if this was stated in 2009 (total occupational and personal impairment), and he hasn't worked since 2001 due to his SC symptoms/disability, wouldn't this most likely indicate 100%? If so, why would he have been given 50% in 2012? Yes we have a lawyer, but they have yet to review his C-file. His C&P Exam is tomorrow with the same examiner as above. Also, the attorney office doesn't really don't communicate very well... in fact they are constantly making mistakes and failing to answer our questions properly. Thank you all again for your service and your help!!!

Thank you guys. I have been inundating myself with papers and print outs. His examiner Mccloskey is the same examiner he had in 2009 for PTSD, but this examiner said he didn't feel he met the "full" criteria for PTSD. But he did say that because of the symptoms he did have he had "total occupational and social impairment"... either way, it wasn't until three years later in 2012 that he was approved for Major Depression and Anxiety at 50%. I don't know if this time he is going to test for PTSD or Major Depression. Since he's seeking increased compensation on his SC, I would assume the depression.... but Its weird because his SC is for "Major depression and anxiety (claimed as PTSD)".

Hello, My father has a C&P exam tomorrow and we're not sure if its for his newly filed headaches claim, or his depression and anxiety claim (claimed as PTSD) that he appeal the ammount of 2 years ago. Its too late to call and find out since its tomorrow (I didn't know you could do that until today). Anyway, in case it is for his depression, would it be advised to bring in two letters from his VA psych doctor stating (and actually certifiying) that he his permanently disabled and likely to never work again (hasn't worked due to disability since 2001)? Or would it look like he is "too prepared" or something? I've been trying to find as much info about the C&P exams as I can. I want them to know as much as possible, but I know they will ask him whatever they want. Thanks

Hello everybody. Thank you for your service and your help on here. I've asked for advice a few times here in the past and you've been very helpful. I help my father with his claim for the VA. Its been 10 years now and he was awarded 50% a few years ago for depression and anxiety. We filed a NOD (2013) stating that the rating should be higher and in that NOD also included that TDIU should have been inferred (extraschedular) since he had not worked since 2001 due to his disabilites and also that his VA dr. certified in a letter that he is permanently and totally disabled and he does not see him ever working again. We also filed the form for TDIU a few months ago and it already says "completed" and that info is in the mail. I checked the AB8 verification letter and nothing changed there, so I'm assuming they see 50% and automatically turned it down, OR they possibly added it to the main appeal but their decision is not yet final? Either way, has anyone seen a TDIU application be "completed" 1 month after submitting it? Status of Your Claim Complete Submitted: 04/17/2015 (Compensation) Claim Closed: 05/21/2015 Disabilities Claimed: TDIU (New) Thanks for your help.

Carlie, The VA disability was for the same two identical reasons the SSD was awarded. "anxiety and depression" and listed as reasons on the VA award supporting the VA disability. Berta, I have not contacted any lawyers about this case yet. I am hoping to have it resolved without the need to cost $40,00 like you have. I know there is a lot of work to be done for that, however. If I come to a dead end, I would then have no choice but to contact a lawyer. I think it would rely on the decision of the DRO. I'm a little confused on some of the acronyms: IMO, H VAC, DIC, BVA, IRIS. I think faxing a regional office's director sounds like a very good option. Is that a separate thing completely than filing a CUE.. or is that done before a CUE to see if progress can be made before a CUE. So the DRO is not a quick option? They make it sound like a better option than the "traditional appeal process". At least a quicker option.... Faxing a director sounds much better... We still have to answer this letter within 60 days, should we tell them DRO or trad. appeal? Thank you guys. Sorry if I sound lost.

Hello, Thanks you all for great help and advice so far in our adventure with the VA. I am helping my father with most of the grunt work for this process and he is represented by the American Legion. The backstory: Claim filed in 2005. Finally awarded in 2012 @ 50%, but they failed to infer the claim for TDIU, even though he has been on SSD since 2003, and the VA mentioned SSD with service connected symptoms in his VA award letter. His doctor letters also declare him permanently disabled from working (VA doctor). He filed a NOD 2013 stating that his claim should have been inferred automatically for TDIU (including back pay) and that his rating should have been higher and considered permanent due to the evidence they were already aware of. Where we're at: We received a letter this week from the VA notifying us that they received the NOD and that our appeal is for entitlement to service connection for anxiety, nos and depression, nos (claimed as PTSD). It states that we have a choice between" traditional appeal process" or DRO. Here is the problem. We are not appealing entitlement to service connection! (Why would we NOT want service connection?) We are arguing that our claim should have been inferred for TDIU since he has not worked since 2003, has been on SSD since 2003 and the VA has acknowledged SSD for "anxiety and depression" in the award for disability which was in fact granted for "anxiety and depression". By two questions are: 1. Why are they claiming we're appealing our service connection when its already been granted? 2. We want to argue that we should have been inferred for TDIU in our original award. Should we pursue the DRO or "traditional appeal process" route? Thank you all so much. I'm sorry I went inactive on my last post, but we are again in the process of moving as indicated in that post. More information about this case can be found here:

Thank you for all that info, Berta. I'll try to get the VA decision to you when I have access to it, but I know that it states under the evidence "list": Social Security Disability Decision, and they mention it elsewhere in the decision as well, including the matching conditions. I was looking up your "Go CUE yourself" post and you mention having to do it during an appeal period. Would we still be in that time frame? His NOD has been filed but not processed yet. At this point, its well beyond a year since the award... its been 2 years, but his NOD was filed on time. Also, does a CUE typically make the process go quicker?

"SSDI awards become probative TDIU evidence only when they are solely for established service connected conditions." The service connected conditions the VA award his for was: Major Depressive Disorder ("Claimed as PTSD") and anxiety. The only two conditions in his SSDI as well. "but did any doctor add, that his disabilities ,causing unemployability,are directly due to his service?" The PTSD was claimed as service connected by his doctor multiple times. The VA claims examiner diagnosed him with Depression "claimed as PTSD". Either way, the two conditions in his award are the same as the two in his SSDI. You have mentioned that VA failed to infer a TDIU claim (and I assume he filed the 21-8940 himself). He is still appealing his original claim at this point. Doesn't "infer" distinctly mean not filed by the vet, but assumed based on evidence presented? That the VA themselves file the form? Had he had filed the 21-8940, then it wouldn't be inferred, right? We just found out about TDIU a month ago. Call it ignorance, but he was never aware that something like that existed and he was never told by his VSO. If he files a 21-8940, wouldn't he then only get the paid from the date of his "new" claim? That's why he has this NOD attached with the original so his back pay for it goes back to this original claim when they failed to infer it for TDIU. But it is medical evidence that warrants the VA to consider TDIU (they almost always do when the rating hits 70% and the veteran is unemployed. He was granted VA disability for the only two conditions the SSDI granted him disability, so they define the two conditions that prevented him from working since 2002 as "service connected" based on that alone. At 70% they always consider it, but his in case, they had evidence mentioned in his award of not working with SSDI for the same conditions as the VA's award. That extra evidence provided of SSDI is supposed to make them infer a claim for "extra-schedular consideration"? At least according this (which you supplied me in another post) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. What specific reason do you believe the VA failed to infer TDIU but should have... has he been hospitalized for PTSD since the 50% award...have his meds been increased since that award?....did he apply for VA VocRehab and get turned down with VA documentation saying his SC disability prevents feasible Voc Rehab? Because was disabled and not able to work with SSDI (known by the VA) 7 years before the VA awarded him. Its not anything new, and they knew about his SSDI for his service connected conditions, because they mentioned it in his award. In the NOD did you raise any argument over the 50% , as to why that it should be higher because of any evidence they didnt consider? As well as saying.....they should have inferred TDIU........ Yes, all of that. I can show the NOD if you would like. I do not have the award with me right now. Berta, we did discuss this a little on a previous post in which you believed him claim should have been inferred. Here's the link to that topic: I guess I'm trying to figure out more if there is a way to get them to react on this now if it should have been inferred and wasn't. Their mistake or negligence should not make a vet have to go through the mill AGAIN when it should have (by law) been inferred the first time based on evidence and facts. --- John, Can they go back before the date of the original claim, like 2003 when he was awarded SSDI for his service connected conditions? He was seeing his VA doc since 2002.

Hi again, Thanks for all the helpful info with my father's claim. Sorry if this is offensive sounding for blaming VA for what I do. As an indirect result of the VA not following their own law regarding TDIU, my father is in a state of financial hardship and afraid to file a hardship claim because they sometimes declare those unable to pay bills as incompetent. What a nice cycle they have created. Delay claims, don't award appropriate amount, cause hardship, declare incompetent. Maybe the did or did not directly cause this hardship, or maybe we shouldn't factor in things that aren't his yet as part of a present problem, but law is law (at least I think it is) and the VA didn't follow it. Brief summary: Claim filed in 2005. Finally awarded in 2012 @ 50%, but they failed to infer the claim for TDIU (on SSD since 2003, and mentioned SSD with service connected symptoms in award letter). His doctor letters declare him permanently disabled from working (VA doctor). Filed NOD in 2013 stating that his claim should have been inferred automatically for TDIU and that his rating should have been higher and considered permanent due to the evidence they were aware of. Currently still waiting for that NOD to be processed (over a year later). He's not happy with his VSO at the American Legion. He's dealing with financial hardship (eviction notices), but is afraid to file for a hardship claim because of other vets claiming that because of the hardship they were deemed incompetent and assigned a fiduciary. He's also planning on getting a house with a VA loan, but you can't get that if they declare you incompetent. His credit is good. If they just DID THEIR JOB and inferred his claim in the first place for TDIU, he wouldn't be in this situation at all (including late rent payments that make him have to wait another 12 months without lateness on rent for VA loan approval). The VA making him wait the initial 7 years attributed to him to losing his home of 30 years. Not inferring his claim when they should have has caused him to have to move twice for cheaper (apartments). He's 65 years old and not in the greatest of heath as it is. His claim is going on almost 10 years. It was their job to infer this claim and they didn't. They messed up the past, their messing up the present and he can't file for hardship because they might also mess up his future. If he had a CLEAR inferred claim for TDIU and they NEGLECTED to infer it, is there any way now to get this NOD expedited due to their mistake and neglect instead of his hardship (that they are in part responsible for)? So much is at stake. Sorry for the aggressive tone, but this has been so frustrating... Almost 10 years is too much. Anyone have any ideas?

That is great news and thank you all so much. Of course they will fight this, but so will we. Does anyone have any magic to make this process go quicker? They have had his NOD over a year and haven't even processed it yet. No letter stating they received it until last week. Does the the VA have any rules for this that requires them to expedite a case that pertain to TDIU?

Should we also file TDIU separate from the request for it in the appeal? Would that screw up the retro-active benefits since they could consider it a NEW claim not attached to the original?

Does that information make it definately inferred? Or are there no "definates" with the VA.

Yes, he was awarded SSD for depression and anxiety. The va awarded him also for depression (nos, claimed as ptsd) and anxiety (Nos) When referencing the ssdi in the va award it states: "The SSD records note you were awarded disability benefits for depression and anxiety." I dont know if they knew of his award for SSD back when it was awarded in 2006.

Hello veterans. I stated the whole situation in a different topic, but I figured that this should be a new topic as it pertains to an inferred claim for TDIU. In short, my father was approved at 50% in 2012 for a claim filed in 2006, but has been on SSD since 2003 (I'm helping him with this now). In his NOD for the award, he only stated that he disagrees with the "amounts". So now a year later I'm clarifying that NOD (since they haven't processed it yet) and I'm requesting "reconsideration" for TDIU going back to the original claim, since he's been unable to work due to his SC disability. I have a strong feeling that they are going to say that since we never mentioned TDIU in the original NOD, and since its even ANOTHER year after that (but still hasn't been processed), he will only be eligible dating back to last week when we first mentioned TDIU. 1. Do you guys feel that since they knew about his SSD (and the VA mentioned it as evidence in his award letter) that it constitutes an inferred claim? 2. I'd hate to throw something in their face before they say no, but we can't wait another 3 years for this stuff. I'd like to get all the BS out of the way, since I know its coming. Should I cite the "Comer vs. Peake" and "Rice vs. Shinseki" cases on this clarification letter (and first actual request for TDIU) BEFORE they deny the reconsideration? Thank you so much guys, I'm faxing this today.

Thank you both. I am in the middle of helping him with a statement to support his NOD, and request that they reconsider the rating and add TDIU before it gets to the appeal tribunal. The reason I'm helping him with a statement to support his NOD is because on his original NOD is only said: "I wish to appeal your decision on 04/26/12 mostly based on amounts, the dates and the number of dependents." His intention with that was to not "say the wrong thing" and have them find a way to take away his service connection. He almost didn't want to even appeal out of fear. We still (since 04/13) hadn't received a letter from them stating that they got the NOD until I called them last week and they sent a letter out saying "thank you for your inquiry regarding a NOD. According to our records, we have received your NOD. Please be aware that the Appeals department has experienced a significant increase in its workload. There are a large number of NODs and yours will be processed asap. We will send you a letter after the NOD has been processed. Anyway, since he didn't provide any details for the appeal people to consider, I'm helping him clarify that NOD by stating that his conditions are more severe than the 50% rating he was given, doctor has deemed him disabled, the SSA has declared him disabled. He hasn't worked in over a decade. His GAF is 45. We're requesting that they reconsider his claim and assign a 100% rating and TDIU effective on the date of his original claim. I hope things haven't been too far messed up to at least get the TDIU that he deserves. They knew about the SSD because its listed as evidence in the award letter in 2011. Oh.. I also have a form that his doctor filled out in 2009 and sent to the Dept. of Education declaring him permanently and totally disabled, and the doctor had to certify that he is unable to work and earn money because of a condition that is expected to continue indefinitely or result in death. Unable to earn money in any capacity in any field of work". It doesn't state anything about before 2009 though, unfortunately. So, since TDIU wasn't stated in the original NOD (nothing was really), do you feel he has lost out on it since 2005 even though he has SSD and hasn't worked since 2001? I'm sorry to flood you guys with all of this, but I've literally had 4 hours of sleep in the last two days trying to get this clarification letter in on time before he loses out on EVERYTHING. Thanks so much.

Hello Veterans, First and foremost, thank you all for your service. You are all heroes to me and I always find it special when I am speaking with a vet. I am here seeking help for my father's claim. In a nutshell, he has been in a battle since 2005 with the VA and his disability. He filed for his disability with the VA in 2005 for PTSD. He was diagnosed by two different VA doctors and was determined completely disabled and unable to work by those doctors. His man VA psychologist sent a letter to the Dept. of Education in 2007 stating that he was "completely and totally disabled with a diagnoses of PTSD and unable to work". He also was awarded SSD in 2005. He was finally awarded disability benefits by the VA in 2012 but for "Major Depressive Disorder (claimed as PTSD)", as the claims examiner stated he doesn't meet the symptomology of PTSD and awarded him instead for service connection with major depressive disorder (claimed as PTSD) at a 50% disability. He has not worked since 2000 due to his disability. His latest visit to his doctor indication no improvement with poor prognosis. He also had a GAF rating of 45, but the VA listed it as 50 on his award letter. He filed an appeal in a timely manner. His doctor stated yesterday that he feels he should be 100%. My question after all of that is: Would fighting for the diagnoses of service connected PTSD help his rating in any way, or should we simply pursue a higher rating based on the currently assigned service connected disability? Thank you very much for your time, it is much appreciated.