winkjo

As usual, Carlie, you save the day.......thanks Winkjo

Hey Veteran Friends Sorry 'bout this one, BUT, an IRIS tells me today: "your Status of Appeal at the local (RO) VA Office has been routed to the VBA IRC Responce Center 3." Please tell me what the underlined letters, VBA IRC, mean in a Regional Office setting. I thought VBA pertains to some high level appeals board in D.C. Thanks for a needed explanation! Semper Fi

Hey Hedgey Sorry I didnt get back to you sooner...been ill with bronchitis, flu and so on. The attorney that I mentioned has not been proven yet to me because I have not used him here in Arizona. I only plan to use him if my current DRO appeal does not bring acceptable results...either 100% PTSD or TDIU. I have not gotten any positive or negative reports on the attorney my comrade has, so I must refrain at this point to suggest him to anyone. I was almost burned back in 2005 by a Soc Sec attorney, but I wouldn't agree to the "deal" that he wanted me to accept from Social Security. So, thank goodness, he told me he would no longer represent me against the SS. I said "fine", went to my congressman (who could not interfere with the Soc Sec Law Judge's decision, but DID influence the end of a 2-year fight with Soc Sec, a decison fully in my favor for Disabilty Insurance Benefits and several thousand in backpay! There are pros and cons about using a congressman to basically oversee what is happening with a Soc Security or VA fight, but I WILL recommed connecting with a congressman now that the gov has passed legislation in OUR favor for a change! Could help end a longer fight for justice and peace of mind. Hope this helps you and yours...best of luck, good folks. Semper Fi

Soc Sec ALJ awarded total disability with DIB to commence on January 1, 2003. It seems--according to my Service Officer--that TDIU will be awarded very soon. If my DIB was initiated on 1/1/'03, why would an EED for newly granted TDIU not be the same start date as DIB ? I felt that it should be same-same, but my SO says not neccessarily so (???) B) If there are some opinions, if not the gospel out there amongst us, I think many of us may benefit from good feed back on this one! Winkjo

Carlie No DRO review yet...to better inform you, though, my DAV SO told me 4 days ago that he knows the DRO that has my claiim info and that he was ready a few days back to decide my claim. The decision forthcoming will elect either PTSD 100% or TDIU. Should this decision not produce the desired effect, I expect to attend an informal hearing with DRO. This is how the situation seems to be developing so far- Winkjo

Carlie Wow....Gotta hand it to you. So very kind of you to take the time and effort to detail everything. Was expecting a few fragments re: my plea for understanding TDIU vs P&T... BUT you certainly clarified all! Thank you so much. Winkjo Semper Fi

How Do TDIU and P&T Relate? S.O. DAV says likely TDIU is an any day now DRO Decision. Can someone help me understand the relationship between TDIU and P&T...how does one get a P&T decision ? Have DIB from SS and currently at 30% PTSD, 60% total with DM-II and PN in the mix. SS ALJ wrote disabled perm due to "severe PTSD". Would appreciate some clarification on TDIU, P&T pros/cons and how you are granted P&T ??? thanks, friends - Winkjo Semper Fi

I agree on the attorney suggestion and just last week got name and phone of legal beagle from a buddy. Currently have a sure thing on an EED retro 05 if they do PTSD and 4 years if they do TDIU in the next (DAV SO projected) few weeks. My SO called 2 days ago to let me know that DRO is currently near decision, but thinks they are leaning toward TDIU over PTSD. So, I'm at a stand still awaiting the imminent decision, my friend. Thanks for your input. Winkjo

Berta May have opened a can of worms on this possibility of 1984 EED, but can see the justice in chasing the VA. I can give you info on a few of your posted questions, but will have to go out back to storage on a lot of this data--it's been a long time, Berta! Questions re: the diagnostic code, verification (proof) of stressor and exact wording of 2006 denial SHOULD be in stored files out back. Got a copy of my C-File in 06, but can only hope the data will answer these critical questions you kindly posed. Can only hope the files are complete enough! In the meantime, yes--I am rated for DM-II, PN since 06. My medals include Viet Nam Service and Campaign Medals, Armed Forces Expeditionary Medal and National Defence Service Medal. I'm wondering if I can get another, more complete copy of my C-File--can you only get one free copy within a handful of years apart? I'll do some digging out back and get with you on these questions, Berta. Thanks, once again - Semper Fi

Philip The thoughts are appreciated. Sorry I am not too sharp this early AM...can't sleep, as usual. But, if you have a minute, could you expand on "substitute completely for totally". I have a slight idea, but need clarification on your suggestion here. Thank You Semper Fi

Hey Bergie Appreciate your coming in on this one. At this point am beginning to look back at work problems in 1984-85, having been, once again, not able to hold a job without anguish and poor interaction with others. Can prove a bankruptcy which I filed for in '84, finalized in 1985. I recall being hit real hard by depression, fear and hiding from the world. So, took my problems for the first time to the VA mental health people, complaining of these painful feelings and events. I asked for some form of group therapy with other combat veterans like myself, but it turned out like it did for so many of us back then. They just told me (like others) that I was bi-polar and nearly killed me on Lithium. I've seen IMO docs, VA docs and clinicians re: PTSD, yet have never been found to have a bi-polar illness in all the years since 1984 or 85. They just wanted in the dark ages to build a bunch of zombies and screw us out of benefits. I feel that, since I have an opportunity to retro to 2003 fairly soon re: PTSD 100%, I may just handle that first and then dust off the '84 crap and attempt to retro back. Most vets out there would probably disagree with that plan! Well, thanks once again my friend... hope all is going nicely for you and yours... come on back if you wish - Semper Fi

Whoops...VARO May Have Done Me a Great Favor! While continuing to deny my PTSD 100% or TDIU, the RO reminded me several months past that they denied my claim for PTSD in 2006 and in 1984 !!! Well, I literally had let it slip away that VA had actually DENIED "this newer condition called PTSD" way back in '84. I was too boot to the system back then to appeal the claim. Their mishandling of we Nam vets (and other veterans) back then SUCKED big time! It was brutal trajedy the way they screwd over all of us---still is today! Frustrated by the B. S. I filed bankruptsy and went back to work (walking off jobs or getting fired) up until 2003. Quit my own small business and filed for DIB, claiming PTSD, DM-II + PN, etc. Fought another tough one vs Soc Sec but won netting DIB and a statement from SS ALJ awarding disability due to "severe PTSD" (and physical med issues) as reason for my inability to work gainfully. A recent PTSD C&P exam netted all that any of us would pray for including inability to sustain gainful employment, prospects of improvement "poor"...nexus between combat exposure and PTSD, etc. Here, my friends of this forum, is where I need your feedback, comments and suggestions: Though I was too uniformed in 1984 to file an appeal vs denial for PTSD , what say you regarding my chances (currently close to RO decision on PTSD case) of an EED retro 1984??? Maybe not pie-in-the-sky??? Would like to hear from ALL ! Thank you & Semper Fi

Hey Hawk's Wife Sorry to hear your veteran husband's fight was so painfully long a process. Happy to hear he kept fighting and WON! My war with the VARO rages on now since 2004. Actually it started with an inquiry about PTSD in 1984...back when most of us were learning about this newly VA-invented(?) stuff called "ptsd". They denied my claim, said I was bi-polar and nearly killed me with Lithium. :) Interesting also might be a comparison of the merits/benefits of 100% schedular vs TDIU. Forgive my lack of personal expertise in making this comparison, but would truly appreciate what you folks (and other forum friends reading this) might have to say about the merits of either...I have actually been chasing PTSD 100% all these years. How protected from future VARO meddling in either of the two--down the road I mean--may be the most critical point!??? Thank you for commenting on my struggle, Hawk's Wife- Semper Fi

Back again to thank you Berta for the quick and positive feedback-filled information. Your reaction on the PTSD C&P Exam is what I was hoping to hear from you, especially with your experience in interpreting VARO statements and what legal significance each word or sentence may have in a given case. Regarding the SS ALJ finding "fully favorable for (me)" in the disability decision of Feb 17, 2006, he wrote: DECISION It is the decision of the Administrative Law Judge that, based on the application protectively filed on July 12, 2004, the claimant is entitled to a period of disability commencing January 31, 2003, and to Disability Insurance Benefits under sections 216(i) and 223, respectively, of the Social Security Act. So, Berta, would it not be true that PTSD 100% or TDIU retro would therefore have an EED of January 31, 2003 based on this ALJ's award? If so, we're talking about 7 yrs plus, depending on when VARO decides to cooperate! Once again, thank you, Berta Semper Fi

Veteran Friends -It"s been since 2007 that Berta and others chimed in to help this veteran move from 20% for DM-II to current 60%...30% of which is PTSD. Thank you ALL. Now back for the next round. Through my DAV Rep, filed for Reconsideration in mid 2008 of 30% rating for PTSD and denial for TDIU, saying for one thing that my VA MH Doctor's words that PTSD is the sole reason that I'm unemployable is"out of his jurisdiction" and therefore had no significance in the case ! WHAT ??? Please note also that the VARO has a copy of a SS Administrative Law Judge's letter awarding total disability (2006) due to my "severe PTSD" and other severe issues. -I begged and finally attended a C&P Exam for PTSD this past Nov 2009 (never offered by VARO). As briefly as possible--with fragmented reporting-- I wish to share the critical remarks made by the Examiner, hoping to once again solicit your generous suggestions and/or comments. I hope the following information will help other of us along the winding road to justice and peace of mind: -Blunted affect, mood agitated, constant vigilence, a few impoverished relationships,etc, etc-- No sleep, avoidance of stimuli, walking off jobs, locking one's self in the house, etc, etc-- reliving traumatic events, unable to have loving relationships and so on. ONSET OF SYMPTOMS: Chronic No significant periods of Remissions of symptoms I "live on the margins of life" Prognosis for improvement of psych conditions and impairments of functional status: "POOR" FINAL OPINION : "After examining the veteran, reviewing C-files, medical records, it is the opinion of this examiner that (his) PTSD symptoms impede his ability to engage in substantially gainful employment. He has a history of interrupted employment, emotional lability and poor community integration...His notably limited contact with others over the last several years is accompanied by a paranoia that will significantly interfere with occupational functionality. There you have it, my comrades and friends. Please share your thoughts- Semper Fi

Could be! But would you share some rationale of your own re: the SO's statement that I should not file for TDIU until after the VARO rates me for PTSD? Mercy me, Ladies & Gents, I was 59, when the Judge found me disabled and said severe PTSD is the reason why I can't even sit on my skinny butt at a job. I'm gonna be real pissed off if the VARO awards 100% one way or another and THEN says they will pay retro only back to date of file for TDIU !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! SO insists that I should NOT file for TDIU!!! I really wonder if the 800 number would be able to shed light or JUST pull my chain? tHANKS, dave

Berta I think the fact that I have not been rated for PTSD by VA could be my SO's reason for suggesting that I not file for TDIU yet. He filed for PTSD and Pes Planus just a week ago. 3 months ago I sent an IRIS to my local VARO, PHX ARIZ, explaining that I wanted to file for TDIU and--without telling me I needed to be rated first for PTSD--they just said send in any docs I had. They didn't send me any "formal 21-8940". I take it when you say "formal", you mean a form they send you with your name and VA File No on the form? I got SSA award Feb 2005 with retro pay back to Jan 2003. If VARO does award TDIU or P & T, I would think they should go retro to SS retro date ( " " ). Think so? My SS Law Judge awarded for not just "severe PTSD", but also Depressive Disorder, DM-II and Osteo-arthritis. He did state that the severe PTSD is the rationale for why he ordered a finding of disabled--not able to return to work in any capacity. This question is for a Gulf War Vet with no computer: For PTSD Notice of Disagreement is it best to have a Decision Review Officer or Standard Appeals Process review my case? I appreciate you getting back, Berta, and would enjoy any final comments....................Dave Semper Fi

Just did C & Ps for hearing + tininitis, bilateral neuropathy(feet), DM-II upgrade from 20% to ??? My Freedom of Info looks good for hearing + tininitis (any idea what % that draws?), hypertension & assoc heart disease as 2ndary to DM-II, and--at long last--PN also associated with diabetes. Currently rated total of 20%. Now for the YIKES !!! with bit of background first: - Finally located heavy combat stressors and filed w/PTSD crap thru my SO. - Also filed solid Pes Planus claim (pes planus noted on my join-up physical) via my SO - A Soc Sec law judge found fully for me as of Jan 2003 for "severe PTSD, chronic Depressive Disorder, etc" (Berta, in all her good wisdom, suggested 4 months past that I file for TDIU, but I waited until I could locate and file solid stressors until now). HERE'S THAT YIIIIIIKES!..when my SO and I filed the above hi-lited stuff, I wanted to also file for TDIU. BUT... my SO firmly advised that he SHOULD NOT file the TDIU along with the above because--if they deny it--I would likely have a hard time getting TDIU down the long road. I'm freaking over his attitude on this one, because I feel--especially at age 63-- that I am a strong candidate for TDIU...maybe even P & T ! Sure would like some discussion on this one, Veteran brothers & sisters -- Semper Fi

hi again, BERTA Yes, I have a "chronic PTSD" diagnosis from VA Mental Health clinic, incl severe Depressive Disorder. Also, a Soc Sec ALJ that found fully for unemployability granted Disability Insurance Benefits stating, "... medical evidence establishes that the claimant has the following 'severe' impairments: post-traumatic stress disorder, depressive disorder, diabetes mellitus, and osteoarthritis." Further he states, "...because of the claimant's PTSD as well as his depression, the undersigned finds that not only can the claimant not return to his past relevant work, but the specific skills he acquired would not be readily transferable to any other sedentary jobs." Note please, Berta, that I am 63 years old, though I was 58 when DIB was applied for. A congressman helped speed up! > Yes, my MOS supports a hearing loss......with a combat record in Nam, was a rocket launcher (right-shoulder) gunner; that resulted in diminished bilateral hearing, but worse in my right ear. Am hoping for VA hearing aids which I suppose they won't give me unless TDIU(100%) is granted! > You suggested that I check YES on item #18 of TDIU (Form 21-8940 ?). I was self-employed--a 1099er paid as an independent contractor on last job of my career--and finally just walked away from work and quit due to my inability to function physically and mentally. In 35 years of struggling with health issues, walked away or was fired from about 25 or more jobs. Did work long enough to raise two kids! Question: Should I still check 'yes' when I had no Disability Retirement Benefits other than plans to file for Soc Sec Disability? > When I voluntarily joined the USMC as Nam was cooking up, the Doc performing my physical checked box noting "abnormal" for my feet and further hand-wrote "pes planum" on my documents. Had it not taken me over a year to finally get those records from 1964, I would have claimed for pes planum when I refiled in late '05 for PTSD, etc.--(following a finding by VA for DMII in '04). My feet are DEAD from neuropathy which is slowly moving up my ankles, yet VA denied my Neuropathy claim for secondary to DMII in '04! A nurse, noting that I dilligenty maintain an A1C around 5.6 said, "that's likely why they denied me SC for neuropathy. Also, I reported during pre-diabetic stage that my feet were beginning to feel like plastic. So, in their denial explanation, they said that they doubted that the neuropathy was secondary because I complained of foot problems 24 months prior to hitting 400 blood sugar numbers! To date, that decision has been the most discouraging miscarriage of justice of all the VA hassles for me. > You feel my DMII rating (at 20%) seems low. So do I, regardless of the low A1C numbers that I work hard to keep! Should I not just submit a NOD on that rating AND on that bogus denial for (spreading) bilateral neuropathy? > And FINALLY, Berta, I did receive paperwork after a reopen in Dec '05 for PTSD, HEARING, DIMINISHED EYESIGHT and MALE PROBLEMS. They primarily asked for more supporting evidence from any sources, and later set up 2 more C&P exams that, because of my move out of state which they new about--was unable to attend. I also signed a form of some sort to request more time to locate and submit further evidence. It has taken me nearly 6 months to get them to transfer my C-Files from Detroit RO to the Phoenix RO, 45 minutes from my permanent home in Arizona. I apologize for being so wordy, Berta,...but your knowledgable assistance to many in this forum is comforting and so promising for us. I've never networked with one in the past that offers more help for many that post so often. Once, again... Thank you, Berta. Semper Fi - Winkjo

HEY BERTA Thank you so much for a lst(!)reply from one who is helping a Vet get started in this marvelous process of sharing and networking! I plan to get back soon to address those items/questions that you kindly posed... thanks again- Winkjo

Hey Jangrin Glad you replied I may have given the impression the VA had previously awarded additional % for tininitis and also for hearing loss ( was right-handed rocket gunner/demolition man in RVN...resulting in diminished hearing in right ear & lesser loss in left ear...also chronic tininitis). I filed for these in '05 re-open as a result of an annual hearing test by a new, seemingly more well-trained VA audiologist. No award yet, BUT--what may be more important is what this caring audiologist instructed me to claim. He said I should file for tininitus, diminished hearing from combat, and also hearing loss as associated with DMII. Apparently there have been cases won as a result of diminished hearing that is directly related to DMII, or the examiner would not have made such a suggestion as a filing criteria. Also, I doubt that VA would connect tininitis to DMII. Hope this helps with a little insight, fellow Veteran- Winkjo

Hope All had a nice Armed Forces Day- a SS Admin Law Judge found "fully" for me in Feb '06 retro to Jan '03. Stated unemployable and awarded Disability Insurande Benefits. Am 62 yrs and at 20% for Type II Diabetes. Re-opened in Dec of 05 for PTSD, Tininitis, hearing loss due to combat duty plus diabetic hearing loss. My med records upon enlistment said my feet were abnormal and noted Pes Planum, but it took me a year to get my records, so I wasn't able to claim for flat feet when I re-filed in '05. I'm new to this forum and most of the VA's "jargon" (I'm being nice here!). I want to send in the completed 21-8940, but I do not yet savy IU, TDIU, P&T vs 100% or schedular issues. Since I have not had C & P exams for mental issues (tho noted by VA doctors) or for hearing loss, would it be wise to go ahead and file the 21-8940 soon and--if so--would it be kosher to include stressors and any additional supporting evidence that is not in my C-file or slowly being evaluated by VA? I want to not cause MORE delay in the decision process by filing the form, but feel I might prevail. Any ideas, suggestions, or guidance would be a huge help, fellow Veterans. Thanks in advance for ANY help............ Winkjo