freedomisntfree

I am 100% P&T with my SSDI. I am only 55 but need to draw out of my 401K. Does anyone know if thier is an annual limit before the VA or SSA says I made or took out too much and might stop my SSDI?

Talked with him and he received a letter telling him to fill out a va form 21-4140 and he did. But it asked if he was working and he checked no. But the SSA reported taxable income "LTD" so they assumed he did not disclose it. I found under M21-1 part IV subpart ii 2.F5.a , automated monitoring for income sends a report to the VA of taxable income over the threshold. In return the VA sends the 21-4140 to explains the "working income". He was not working so he checked the no box for working. Since he was not working he has to now appeal and resubmit for his IU or not to stop his IU. Since he did not know what the 21-4140 was about he answered it correctly and checked no went to section 3 signed and sent it back not knowing they want to know about taxable income.

My brother was 90% and awarded 100% IU P&T two years ago. He was awarded SSDI about a year and half ago. From the day he stopped working he was put on long term disability insurance an entitlement he receives because he paid many years for in case he would not be able to work or if he was hurt on the job. He received notice they was taking his IU because he was over the threshold for taxable income. I was not aware long term disability insurance could be included in the income threshold. It is taxable income but it is not a working income. He is too broke to work. He just recovered from another knee surgery. Is their anyone who can assist with this.

I filled out the form but for some reason it won't send. Keeps asking for fields to be filled out. I keep filling them out and still can't send. An suggestions?

Thank you Berta.

I am seeking help for my mother. My father lost a long fight with cancer mid last month. He was 100% service connected for his cancer as well as man other service connected disabilities but the cancer itself was single award of 100 percent. We have been very fortunate m DAV officer told me all the forms that needed to be completed and I did so. The problem we have ran into is my father died mid June and his June payment was deposited in his and my mothers bank account. But here is the problem. The bank knew my father died and sent the payment from the VA back and froze the account until a death certificate was turned in. My mother has tried every way she knows to have the payment or adjusted payment deposited again. But has been unsuccessful. I talked with the DAV and keep getting different form to fill out requesting the reimbursement of his and her entitlements. Does anyone know the correct form to request the payment that was sent back to be reissued?

Buck, Thank you just got off the phone with John and he is going to help.

Thank you broncovet. Very good advice

Thanks Buck52

I am trying to assist my father. He is 74 years old and served two tours in Vietnam. He was awarded the purple heart and is currently 50% for PTSD. For years my father has had problems with anemia and in 2015 the VA doctor diagnosed him with anemia. In 2017 he was then diagnosed with Refractory anemia. Last month he was diagnosed with MDS-RCMD and has started taking injections of Epoetin Alfa, Recombinant. Epoetin is indicated for the treatment of anemia. How would I go about assisting my father in filing a claim? MDS is not on the list of presumptive conditions of AO but anemia is a chronic condition. What would be the best way to proceed with the claim for my father?

I guess I will get with the long term insurance company, they will provide a lawyer to help with it all the paperwork so they only have to pay the difference of LTDI and SSDI.

I am 100% P&T with SMC (S1) "housebound" and on long term disability insurance from my old job. But the long term disability insurance is only good for 24 months. When should I file for the SSDI?

I had one done by VES back in September and it never showed in my records. I requested a copy but today I was notified my PTSD rating changed from 50% to 100%. I was skeptical of the VES services and very many vet's reassured me they are good at what they do. I guess they were right.

Update on evaluation for PTSD. Like I mentioned earlier I was rated 50% for PTSD and felt I was low balled and records indicating 70% or even 100%. Well the new C&P and reviewer both agreed and changed my rating for PTSD to 100% with SMC housebound. I haven't seen all the details but my DAV rep notified me today. After receiving the packet that was mailed out to me I will disclose more. Thanks everyone.

That C&P is not good on your behalf. I was denied PTSD the first time due to alcohol abuse. My C&P was basically the same as yours. After I stopped drinking I had the same problems and found it harder to deal with and the symptoms got worse. I had another C&P and was awarded 50% for PTSD. So hang in there and try using less alcohol. Let your doctors know you have slowed down the consumption of alcohol.

Very good input from all of you. Thank you very much.

Buck, I already have a diagnosis of PTSD and service connected at 50% and overall 90%. bluevet, I don't know why it took so long. I file the NOD and it was to be reviewed by a DRO. My service adviser said since there was three contentions I disagreed with filed the NOD then that could have been the reason it took so long. As for me I don't buy that bull. If that was the case I would have C&P's for them as well. Yes my original C&P was in 201 and late 2011 I received my ratings and filed the NOD. I hope this doesn't draw out to the point I have to do a SOC and go to BVA. What is so simple has became so drawn out. My wife stated the first review officer probably didn't believe my PTSD was so bad and in his opinion I should only bee 50% but my wife also calmed me with positive reinforcement and reminds me that there is a substantial amount of treatment and records now to warrant a higher rating. Who knows! I just have to be calm and wait for the next 12 days to pass. bluevet, you said it is normal procedures the VA does this. In you opinion do these out source rating officials have as much experience with combat related PTSD and how can they relate to me and my experiences with the loss my men. Just not sure what to expect.

Received a call today from VES Veterans Service Services. They told me they were assigned my case and would be setting me up with a C&P! I asked what was the C&P for? In response they said it was for PTSD. At first I started having panic and high anxiety. So I called my service rep and asked just what is going on. I felt I was being blind sided because I am scheduled for the RRTP inpatient treatment for PTSD next month for 9 weeks. My service rep told me it was because I filed a NOD in 2011 on my original rating of PTSD. He said the new C&P would be used to evaluated my PTSD and if I was not satisfied then afterwards I could file a SOC. Has this ever happened to anyone and is this how it is usually done? If it is since this is not the VA but an outside agency do they do a fair assessment? I have already been low balled by the VA with the first rating of 50% when all the evidence pointed to 70% or even 100%. Records clearly show serious impairments with work, social and hospitalization twice due to suicide attempts. I don't really know what to expect from this outside agency so I requested my wife be present to help me follow through with it and help if my anxiety level spikes. All I can do is be honest with the doctor and hope for the best! Any other suggestions?

Buck, Have your wife write a statement on your behalf as supporting documentation of your conditions. Have the letter list; 1. How your condition affects your life as well as family life. 2. How the PTSD has interfered with your social interactions 3. How the PTSD has interfered with any employment or work around the house 4 And how it has Impacted you overall. Health, emotional, physically and so fourth. This letter should be submitted and also when you have your C&P carry it with you and give it directly to the reviewer. That ensures he/she has it in hand and reads it. This is very helpful and if you have any other friends or employers that could write a statement on your behalf it would be helpful. As far as the VA notes you have. They are already in your file but I would highlight areas that you feel would support your claim and turn them in as well.

Buck is right. I was on tramadol as a replacement for hydrocodone and had a seizure. My Neurologist was very upset I was placed on tramadol due to my seizures He said they should have looked at my current diagnosis and seen I was on topiramate for seizures.

Stumbled across this section of Hadit without knowing what it was. I knew nothing about the SMC stuff and now reading I think I might qualify for it. I am in the process of submitting for TDIU. It all started with gathering paperwork for long term disability. The insurance company gave me paperwork for the doctors to fill out. After four of the VA doctors filled them out they all gave the same assessments. Take into consideration each one of the four doctors knows my case and has been working with me for a few years. So they know my conditions very well. For the Long Term Disability paperwork functional assessment they all checked block 5 Severe limitation; incapable of minimal activity or sedentary work. House confined. They also gave great descriptive reasoning behind there assessments. If the TDIU is approved for the PTSD alone I will still have the following sc percentages that would add up to another 60% plus. 40% 30% 20% 10% 0% 0% 0% and an appeal pending with two additional claims in process. Both are backed with treatment records showing service connection. Both should rate 30%-50% each. Question is since the VA doctors already filled out these forms for the insurance company could I use them showing the validity of the need for SMC S? And if a C&P was ordered wouldn't the examiner have to take the VA doctors assessments into consideration and have to agree? It would be hard for an examiner to dispute four VA doctors that has treated me for a few years and know my conditions. Second question is should I send this paperwork in with my TDIU request as well? I'm still learning this stuff and just asking opinions. Thank you!

You need to file a NOD VETERAN- NAME AND SSN I am filing this notice of disagreement for the claim issue IBS, which was denied on _________. You need to address the issue that the reviewer is in error when providing an opinion your IBS is due to poor diet and fitness. Filing IBS as a presumptive illness Veterans discharged under conditions other than dishonorable who served in the Southwest Asia theater of military operations, which includes the areas specified in 38 CFR 3.317(e)(2), or in Afghanistan on or after September 19, 2001, may be entitled to disability compensation for certain diagnosed and undiagnosed disorders or for certain presumptive disorders, despite the fact that these disorders did not become manifest during qualifying service. SO even if you do not have SMR's indicating you have IBS during service you can file it as a presumptive condition. Not Burn Pits. There have been none to very little success filing IBS as results of Burn Pits. Once you identify to the VA you think is a direct result of something they find a way to shoot it down by asking you to provide a direct relationship to it. Here is a letter BlastDaddy provided requesting service connection for IBS. Dear Sir / Madame December 11, 2014 I am writing you to request: Entitlement to service connection for (IBS) irritable bowel syndrome with diarrhea, to include as a qualifying chronic disability pursuant 38 C.F.R. 3.17 I am requesting the examiner to take into account the fact that IBS is a presumptive illness for this veteran under U.S.C. title 38 Section 1117 as passed by congress in 2001. I am a Gulf War veteran. I have a diagnosis of Irritable Bowel Syndrome. I am being treated for this condition by the VA Medical Center. The following test and treatment were perform by the VA: Lab test (blood work): VA/ Aug 2014 Colonoscopy: VA/ Oct 2014 Lab test (blood work): VA/ Mar 2014 Stool sample: VA/ July 2014 Colonoscopy with Biopsy: Mar 2011 Surgical Pathology Report (Biopsy) Mar 2011 I am taking the following medications for IBS: 1. Psyllium Mucilloid once daily 2. Loperamide 1 tablet 4 times a day and after loose stool 3. Simethicone 1 tablet 4 times a day for gas 4.Pramoxine (for hemorrhoids caused by IBS) The medical records reflect that I have a diagnosis of IBS. I served in Southwest Asia during the Persian Gulf War Era, and I am entitled to the application of the presumptive provisions of 38 U.S.C.A. 1117. All the legal requirements for establishing service connection for IBS are met; service connection for such disease is warranted. Presumptive disorders will be considered to have been incurred in or aggravated by service even if there is no evidence of such disease during active service. History of Condition: Before and during military service up until the Gulf War I never had any problems with diarrhea. After returning from the Gulf War, I started having bouts of diarrhea that would last 1 to 3 days. I would have 12 to 15 episodes a year. I would take over the counter medicines (Imodium A-D) and the diarrhea would clear up. In July, 2001 it was found by the VA during an exam for Gulf War that I had Irritable Bowel Syndrome w/ occasional loose stool. And that the problem existed for at least the last 8 years prior to the exam. The IBS continued to progressively get worse causing bleeding. Bloody stools have been noted in medical records July 2001, Jan 2006, June, 2009 again 2011-2014. Request for colonoscopys has been made due to Hematochezia. Each colonoscopy results were negative except for hemorrhoids. After the last colonoscopy conducted October 16, 2014 the recommendation of surgical hemorrhoidectomy be done. Over the past years since July 2001, the symptoms of diarrhea have become chronic. The chronic diarrhea (IBS) has impact the performance of my daily activities and interaction with my family. I am having 5 to 8 bowel movement per day. The bowel movements are predominantly diarrhea and loose (mushy) to watery stool movement with urgency after eating has cause me to loses bowel control several times in the last 6 months, when I was not able to get to the restroom in time. Due to the stomach pain and frequent trips to the restroom because of IBS, I am unable to travel or visit others due to the need to have a restroom close at hand. Thank you for your kind consideration of my request. Respectfully submitted

Buck, The 331 code would be the category identifier under a ICD-9- CM codes or the DSM-5 diagnoses but without the subsection number that follows the . like 331.0 or 331.9 it would be hard to determine. Unfortunately the ICD and DSM code have changed a couple times and they are not archived in current engine searches. Right now the 331 code could range from Alzheimer's to cerebral degeneration, unspecified or even postconcussion syndrome. One question that comes to mind is. Have you ever had any type of head injury or memory problems. If so the 331 code is apparently associated with it. With correct information one would be able to got back to the date the code was evaluated and assigned then determine what the code is identifying. As far as the GAF score the VA has stopped assigning them. That doesn't mean when reviewing records and they see a GAF score they disregard it. They take into consideration all previous and current diagnosis's. The VA is currently using the DSM-5 for there ratings and cross-references the two. But the social security system is still evaluating under the DSM-4. One government agency not online with the other. If you know the date the code was assigned I might be able to narrow it down and help.

Buck, "How would a vet get a PTSD DBQ filled out? by the Docs?" If you have been receiving treatment for PTSD from your VA hospital and do not have a diagnosis a DBQ would be filled out at your C&P by the clinician providing the exam. All you have to do is file the claim for PTSD using VA Form 21-526. If you are already SC for PTSD then file VA form 21-8940 for an increase. But remember in order to successfully get an increase you have to risk your original rating and the VA uses that to discourage requests for increases in disability ratings. You need to make sure that the doctor's evaluation states that the original underlying condition for which you were rated is still present and undiminished and that those underlying and persistent conditions have been aggravated through the process of conducting your normal life, not as a result of any misjudgments or misconduct on your part. Remember, you are going to be examined by a contract doctor who is beholden to the VA for their contract to conduct exams. The evidence has to be compelling (almost overwhelming) and supported by concrete medical documentation. "I was thinking bout printing out the ptsd DBQ and asking my MH Dr to fill it ot....or does this need to be a private Dr?" No need to print it out and ask your MH doctor to fill out the DBQ. I don't think they would fill it out due to prejudice and VA policy on filling out VA and non-VA forms. It does not need to be a private doctor the VA has qualified specially trained clinicians who fill them out. Yes a private doctor can fill out a DBQ as long as they have an active medical license and sign it attesting to the condition on the completed DBQ. But not all of VA’s DBQs can be filled out by private physicians. If you are receiving treatment from a doctor outside of the VA, you need to understand that they are not permitted to fill out forms for some conditions, because only the VA can document certain things. VA limits these to its own examiners, because the VA requires specialized training, specialized equipment, or specialized testing generally not available through private providers. So the VA thinks. "I heard all of the PTSD claims need to be done by VA Doc'S??" That is correct. The VA will not take a diagnosis of PTSD from a private mental health doctor. For the initial diagnosis of PTSD a VA MH physician must provide the diagnosis and complete the DBQ. But if you have already have a diagnosis by the VA with PTSD then a private mental health doctor may complete the PTSD DBQ (VA Form 21-0960P3). "It's usually the same one the C&P Examiner uses in his report right?" Yes, the C&P Examiner is usually the one who fills the DBQ out not you attending MH physician.

Zeelarry, I plan on filing for TDIU as well as SSDI. It's just so much paperwork so I am doing one at a time. I didn't realize the paperwork that is needed and the resistance in getting it completed. Hopefully I have everything done before my admission in the inpatient RRTP. That is 9 weeks long and will certainly slow me down. Actually I'm not sure if I will be able to complete the program because I really hate leaving the house let alone stay away from the house. But I am going to give it a shot. I also have two additional claims to file and waiting on my appeal that has been stagnant for the last two years. Thanks