Smirak

I'm quite certain this question has been answered, nut my search capabilities are like my professional baseball skills - almost non-existent. Anyway, my son is on terminal leave now for a couple more weeks. He intends to file a few things from his AD time. Does he/should he wait until he's officially released to file? I know the EZ form's first question is are you on AD. He has requested a copy of his military records, but does not have those yet. Should he wait for those to come in before he files? My thought is no, bit looking for an answer. Thanks Kevin

Well, I figured I’d come back and answer this question/topic as my info may be helpful for others. Sorry for bringing up and old thread. When I got my decision letter back in December, it was apparent that the mistake was on the part of the VBA. They citied the reason it wasn’t approved was because they never received the 21-4192, employers statement, back from my two previous employers. Well, the law states that cannot be a denial reason by itself, but my decision letter went on to state that I met all the requirements. Anyway, long story, hired an attorney, filed an appeal on April 21, adjudicated on May 13 as increase to 100% P&T for my PTSD, this making the IU a moot point. I also applied for, and received my SSD in a timely manner as well. That was 6 mos to the date from when I applied. That said, there were a few things I did differently on my appeal… a) I went to jail after the first C&P exam b)I went to an intensive outpatient program at Rush Univ Med CTR (through WWP, warrior care network for anyone interested) c) I had lay statements from former colleagues discussing my issues that prevented me from working.

I am currently rated at 90% total (70% PTSD, 10 asthma, 10 tinitus, 20 each shoulder). I was recently diagnosed with a TBI by a non-VA provider and am going to file for that as a new claim. However, here's the question. Since I'm already rated PTSD, would that stand on its own, or would it be considered secondary to TBI? If secondary, does that somehow affect the rating? And lastly, what other secondary claims can I be looking at that can accompany a TBI rating? I know migraines could be one, and I am diagnosed with migraines, but I have never filed a claim for that. Just looking to get all my options here. Thanks - Kevin

Thanks everyone for all the information. The decision letter for the TDIU states the following: ”Favorable findings identified in this decision: Your service-connected disabilities meet the scheduler criteria for entitlement to individual unemployability. You are not working. You indicated that you have not worked since August 4, 2021.” My actual denial reason states the following: ”Entitlement to individual unemployability is denied because you have not been found unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. You are considered capable of gainful employment (38 CFR 4.16, 38 CFR 4.18).” It then goes on to state “…‘we sent your employers the 21-4192’ it is your responsibility to ensure the VA receives it.” So to me it appears that the decision was denied because the employers didn’t send back the forms. But, the FAST letter 13-131 states that denial can’t be because the forms weren’t received. thanks for listening, I’ll keep you posted on which route I’m headed. kevin

Thanks for the info bronco (and others). Would you mind telling me who did your box rehab assessment?

So I got my decision letter a week or so ago. I was denied increase fro 70% PTSD to 100%, due to me not meeting the criteria for 100% according to the CFR. I was also denied TDIU because my former employers would not send back the 21-4192. I had an appointment with my local VA office and they were clueless. They stated that since it was my responsibility to ensure that the 21-4192 were returned, and the employers didn't return, that is why my claim for TDIU was denied. However, So, the question is, what's the better option? Should I appeal the decision, or should I open a supplemental claim? I have also read that if the 21-4192 is not filled out by the employer, it cannot be used negatively against the veteran in the decision making process. How should I proceed? Thanks, Kevin

I do have letters from my MH providers…one is from my psychiatrist and the other is from my prescriber. I just am not sure where to begin.

I swear I looked in the pinned post, but I guess I didn't see anything, or it wasn't clear. I am ready to file a claim for TDIU. Currently at 90% combined with 70% of that being PTSD. So, I meet the 70/60/40 rule since one of my ratings is greater than 60%. Also, I have been fired from 2 jobs within the past year, and most recently, it was due to (my thoughts) my PTSD (we have filed a complaint with EEOC for that as well) because I missed too much work for doctors appointments and such. Background out of the way now... Is there a "How to file TDIU for Dummies" guide somewhere around here? Last claim I filed was on ebenefits, but as I understand that has now moved to VA.gov? I need to know where to start. I already have all my civilian medical records, I have letters from doctors/friends/family stating how it impacts my ability to work. I do not have a vocational letter (is this needed?). I need to put myself out there and go ahead and call me stupid, but where do I start? Thanks, Kevin

I swear I looked in the pinned post, but I guess I didn't see anything, or it wasn't clear. I am ready to file a claim for TDIU. Currently at 90% combined with 70% of that being PTSD. So, I meet the 70/60/40 rule since one of my ratings is greater than 60%. Also, I have been fired from 2 jobs within the past year, and most recently, it was due to (my thoughts) my PTSD (we have filed a complaint with EEOC for that as well) because I missed too much work for doctors appointments and such. Background out of the way now... Is there a "How to file TDIU for Dummies" guide somewhere around here? Last claim I filed was on ebenefits, but as I understand that has now moved to VA.gov? I need to know where to start. I already have all my civilian medical records, I have letters from doctors/friends/family stating how it impacts my ability to work. I do not have a vocational letter (is this needed?). I need to put myself out there and go ahead and call me stupid, but where do I start? Thanks, Kevin

Thank you!

I do not plan to go back to work, so it may be that the TDUI would be the way to go?

Apologies as this may have been asked before, but the search function is too broad. I am currently 90% disabled. 20% each shoulder, 10% tinnitus, 70% PTSD, 10% asthma. I have been let go from 2 jobs in one year, and this last job, I think I was fired for having too many appointments (I already have an EEOC complaint filed). I have issues remembering what to do, staying on task/staying focused, and managing my time effectively. Should I apply for an increase to 100%, or should I apply for TU or P&T? My questions are below. First question: I would like to get to 100% TU, P&T, anything that gets me to 100%, but am unsure of which direction I should go. The first thought is to have my PTSD rating move from 70% to 100%. I have asked my providers (non-VA) to provide me a letter stating my inability to maintain gainful employment. Second question: I have to have spine surgery next week. I have to have a multi-level ACDF on C5 and C6. I am not rated for this condition. However, could it be a secondary condition to something I'm rated for (like my shoulders)? I never saw a doc while in service for this condition. Hence the question. Third question: Is there any way to get a rating for TBI if one was never diagnosed? I'm pretty sure that I have an undiagnosed TBI. In early 2004, the test for TBI was "did you lose consciousness" to which I would have to reply "no". However, how does the VA handle a claim for TBI 10+ years later? I suffer from debilitating migraines at times (is this secondary to another condition?). Thank you for the replies. Kevin

Thanks for your input. I guess my main question and wondering if its an issue that hallucinations/delusions were not listed under symptoms this time and they were last time. Yet, Ive had no change in that area. Wondering if the fact that they didn't list that symptom can affect me.

I had a re eval for my ptsd rating, which incidentally I only got 6 months ago. No clue why I had a re eval so soon? Got the notes today and compared them to the initial evaluation 6 months ago. This statement is exactly the same on both evals: ------------------------------------- a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care and conversation b. For the indicated level of occupational and social impairment, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by each mental disorder? [ ] Yes[ ] No[X] No other mental disorder has been diagnosed However under this part, a note for delusions, hallucinations is left off the second eval and was on the first. She did note it in the remarks section later, but it was something discussed in detail a this re eval? 4. Symptoms ----------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X] Anxiety [X] Panic attacks more than once a week [X] Chronic sleep impairment Im currently 70% PTSD and am not sure what to make of this. Thoughts? Thanks for any input

So, I was rated 70% PTSD in June of 2015. I subsequently submitted another claim for other conditions shortly thereafter. Today, I got a call to schedule some C&P exams. I scheduled them and then inquired about what they were for. One is for my knee condition. The other was a reevaluation of my PTSD (that was rated less than 6 months ago). Should I be worried? I work a full-time job and my wife is my caregiver when I'm not at work. The caregiver office at my local VA hospital told my wife that I shouldn't be working if I was 70% PTSD, so do you think the caregiver office alerted the BVA somehow? Thanks, Kevin