PTSD78

I will explain what happen to me while on P&T TDIU. I applied for SSDI and had to go to the judge for a ruling. Before entering the court room, I asked lady working the desk if TDIU rating be used in a SSDI claim. I was told no because VA has a different system then them. I was ready to argue that my VA rating of P&T TDIU should be used as medical evidence to determine if my combined disabilities are sever enough to qualify me for SSDI. I also was going to argue that VA Doctors do not determine if you are too disabled to work because VA have a separate system to evaluate who is unemployable due to combined SC disability called TDIU.
Having no lawyer, I went before the judge to argue my case. The judge starting asking about my medications so I explained what my life was like without them and what it was like with them. After the 2nd medication of 5 he stopped me saying he heard enough and ruled totally in favor of my SSDI claim. In his ruling he stated that no one disability qualifies me but my combined disabilities do qualify me. Just before leaving the court room. I explained how I believed that my P&T TDIU should be use to help qualify me for SSDI in my combined disability case. In his ruling he use it as supporting evidence to help justify my SSDI claim. This means that he agreed that VA has a separate system to determine if someone cannot work due to service connected disabilities and VA Doctors do not determine if someone cannot work because of said rating system. P&T TDIU can help with your SSDI claim if you have no doctor's letter saying you cannot work. I hope this information can help others get SSDI they paid for. Keep in mind every case is different and I am not a lawyer. Taking our case before an appellate court judge maybe worth it.

Congratulations.

Ebenefits informed me today that my 13 month DRO appeal of a lowball depression rating was granted...moving me from 91% to 95% - which of course rounds up to 100%. What a Christmas blessing, what a surprise!  Bigger surprise, the P&T!  I thought that having a MH disability (which VA believes can improve) and being only 54 years old would make P&T off-limits. Thankful here in Tampa Bay.

Hi I am a female Army vet and victim of MST.  I had found out while at my local VA that I could file for SC for my PTSD secondary to MST.  I initially sought out help for the RO Claim coordinator and let the office in a full blown panic attack and humiliated at how I was treated when asking just a few simple questions on how to go about filing a claim.  I knew I would never ask another question again at the RO.  I stumbled across Hadit while searching the topic on how to file a claim as I was totally clueless about the process and didn't know anyone I could ask.  Even the VSO in my area was little to know help even telling me I needed to pay a psych doc. $400 that she recommended she knew and for me to go to and have a DBQ filled out to file my claim.   I chose to ignore that advice and began reading up and asking questions on the Hadit site.  With the help on Hadit and on the podcast I was able to educate myself and file my claim even as a FDC (Fully Developed Claim).  From my date of the intent to file to my 70% SC award it was a total of 7 mos.  I wonder if that is a record.  In any case, I could not have done it without the help of this site and I am truly grateful there are so many veterans and families of veterans that care enough to give their time selfishly to help another fellow veteran through a very difficult process.
God bless,
Michigander

I am s/c for PTSD/MST and I filled out a VA21-00781 - https://www.vba.va.gov/pubs/forms/VBA-21-0781a-ARE.pdf
That was all I needed to fill out for my claim.  During the C&P exam, we discussed the entire event and it was very traumatic for me to discuss but I got through it.  I had a "clear marker" as well...I became pregnant as a result of the assault, and I lost the child.  All of this was in my SMR's.

I have been lurking on the board for 7 yrs. and would like to thank all who offer there knowledge to help.
After 6 plus years I have finally been SC'd for sleep apnea. Just received award from BVA 8/23/2018 claim started 7/11/2012.
Now on to the secondary items.

Submiitted my last claim via EBenefits 31 Aug 2018, closed today on 10 Oct 2018. 
They even backdated my conditions back to when I submitted notification on EBenefits in May 2018. 

The Right shoulder will be appealed and new evidence added due to a new MRI that they did last month. Shows labral tear due to when I fell last Jan, should be approved quickly because the C&P examiner should have asked for the MRI before ever giving any opinion. This will cost me but will not increase my rating.

Everything here was based on pre-filing prep done by the VA. Make yourself the squeaky wheel so your PCP will get your conditions checked out. They can get xrays and have them read and it goes straight into your medical file at the VA. Nobody can argue with them at that point. Just dont tell the world you are working on claims, if you have legitimate conditions that you need care for just get the care and then when its in process and ongoing you can file a claim without saying a word to anyone. As they verify the conditions your lay statements are the groundwork to a successful claim. Lay statements are second only to IMO's.
Disability Rating Decision Related To Effective Date right lower extremity radiculopathy (claimed as sciatic pain right leg) 10% Service Connected   03/03/2014 left lower extremity radiculopathy with left foot drop 60% Service Connected   01/19/2017 right shoulder tendonitis(claimed as right shoulder condition) 
  Not Service Connected     left shoulder labral tear 
20% Service Connected   09/16/2016 lumbosacral strain with intervertebral disc syndrome and degenerative disc disease (also claimed as spinal stenosis, low back strain, lumbar strain (chronic), mild thoracolumbar scoliosis, spinal instability) 40% Service Connected   01/20/2017 degenerative arthritis, right knee (claimed as bilateral knee condition) 
10% Service Connected   05/16/2018 prostate hypertrophy 
40% Service Connected   11/23/2015 limitation of flexion, right hip 
0% Service Connected   05/16/2018 limitation of flexion, left hip 
0% Service Connected   05/16/2018 patellofemoral pain syndrome, left knee (claimed as bilateral knee condition)
30% Service Connected   05/16/2018 degenerative arthritis, right hip (claimed as bilateral hip condition) 
0% Service Connected   05/16/2018 degenerative arthritis, left hip (claimed as bilateral hip condition) 
0% Service Connected   05/16/2018 limitation of adduction of the thigh, left hip 
10% Service Connected   05/16/2018 limitation of adduction of the thigh, right hip 
10% Service Connected   05/16/2018

Air Force Vet-
I just saw your kind message to me  in my profile------
This is Wonderful News and I am sure many here, besides  me, helped you.it did go Fast- I need to read your past posts because they will sure  help others.
Enjoy this Victory- you deserve it! And Thank You for coming to hadit-
Every success gives others encouragement!
 

They are supposed to handle MST claims differently than normal PTSD claims so your C&P may have everything that you need.  You should look up the judge advocate generals office for Fort Hood and request from them a copy of the report if you know what day or thereabouts when it was filed.  If one was filed they should have it.  Are you still in contact with the other female from your time there?  She might be able to file a lay statement if you told her about it.  I am really sorry to hear about this, it sounds like you may have been duped.  Still call the JAG.

The VA relies on the Joint Service Records Research Center to assist in PTSD due to Sexual Assault claims such as yours and any other claims.
 
How to Make a Request
Research requests to JSRRC or USMC Archives can be made by letter or by using the VA Statement in Support of Claim form. Provide as much specific information as possible in the request, such as details of when and where an incident occurred. A veteran may be asked for additional information in order for the request to be met, or may be redirected to another repository of documents that is more likely to hold the requested information.
Requests to JSRRC can be sent to:

U.S. Army and Joint Services Records Research Center
7701 Telegraph Road
Kingman Building, Room 2C08
Alexandria, VA 22315-3802
 
I hope this information helps.

Hi,
I'm in a very similar situation.
TDUI was granted by BVA and other accompanying claims were granted in so far as service-connected, while others were basically denied or remanded.
 What my most excellcent Vet attorney's case manager told me
[ on here even, they agree this team is one of the best]
 
Is that it does not go back to RO, since TDIU was granted.  ( that part of claim and others granted).   It goes to a different office, where my legal team now submits a date, with  evidence, the TDUI should have been paid from.
 It's nothing for RO to decide. They have some kind of interim office set up now, when such is granted, to just get correct date concerning back pay.
 They told me should be around 4 months or so till actual $ is sent.
 
 My Marine husband died 2012 with open claims.  
 
And the biggest hug to Berta, cuz before I read her writings here, I had no idea I could, as his widow, do a thing to keep fighting, which he told me to do, on his deathbed...for his sons.
 
He died at 90% which basically meant nothing for me or his sons.  Even though I knew the seriousness of it all how VA kept him at 90%
 
 I did NOT know I could substitute myself in claims till after his death and just heart-broken, I was reading other stories till I read Berta.
 
  You will never know how much you helped me and our sons, Berta for I have no words to tell you.
 
He told me to fight it...the 90 percent and even he didn't know how.
 
 I am sure he is smiling from heaven, with rays of light on Berta.  And thanking her.
 
 
 

I agree too -SSDI will take some time- 
"Will they rate my secondary conditions as well?"
I hope so- have you have C & P exams for them yet?
 
 

I agree with Broncovet to file for SSDI now.  Claims take at least several months and you should have some documentation by then.  No use losing $1000.00.

I dont think she will have to argue that point.
This exam was done by someone who had MST expertise.
"It is my medical opinion that vet's MST stressor is as least as likely as not suppported by and consistent with the in service marker evidence." Service markers are always good evidence of MST.
She has the PTSD diagnosis and the nexus statement.
Oddy enough my dead husband would have gotten almost all of the same multiple check offs in this  criteria-almost  all except the MST nexus.
100% P & T SC PTSD- all from combat -BUT that does not minimize at all,  any veteran with a non combat MST stressor.
PTSD78'[s C & P above also states:
Does stressor meet Criterion diagnosis of PTSD)?
 [X] Yes [ ] No
 Is the stressor related to the Veteran's fear of hostile military terrorist activity?
 [X] Yes [ ] No
 Is the stressor related to personal assault, e.g. military sexual trauma?
 [X] Yes [ ] No
To me those 3 YES answers are solid for this claim.They fit into the 2010 PTSD criteria as well, as to fear of hostile fear of hostile military terrorist activity
 
 

Hi all,
 
I won my BVA a few months back and was granted SMC-l for aid and attendance.  I feel things went smoothly, but I guess having a lawyer who knows what they are doing can make that happen.  Life has been tough medically for me the past few years, and this win was just what I needed to lift my spirits.  I’ve struggled with my AS (Ankylosing Spondylitis) becoming super aggressive and really interfering with my quality of life.  My PTSD/Anxiety/depression/OCD has been very bad in the past year as well, and I recently put in an increase for that, so I am still waiting on that development.  My husband and I are contemplating applying for the caregiver program, but I’m not sure I’m ready (emotionally) to admit I would need a program like that.  I’m pretty stubborn and would rather suffer than admit my body is failing me 🤷🏼‍♀️.  Anyway, I love this group and I am so glad to have a community to go to when I need help. 
side Note: my retro came in multiple chunks, like 10 different amounts 😂.  When I went to look at my bank account, it took me a few seconds to figure out what had happened.  

Hi all,
   Been a long time since I posted. It's been about 4 years since I got my BBE with 100% rating. Even though I was 100%, 4 of my conditions required reevaluating after 5 years. I stressed every day for the last 4 years, as money was tight and I couldn't afford to lose 100%. 
I signed up for USPS informed delivery and it showed today that a letter was coming from the VA evidence intake center. Did some research and worried all day about what it could be. It showed up and was a letter that said they reviewed my original claim and decided to just make them all permanent! I'm now 100% P&T, the kids have education assistance, and my property taxes are now $0!

Long time lurker just stopping by to say thanks.  Everything I have learned about VA claims has been learned here.  Recently I ask the VA to reopen my claim for migraines secondary to major depressive disorder.  
They reopened it and I had a C&P exam.  I was expecting to be denied secondary connection again.  I was super surprised when I found out the VA had granted connection at 30%.  Not only did that move me to 100% combined put the VA granted permanent and total with no future exams.
Plus they went back 1 year to the date when  I first ask for secondary service connection instead of the date I asked them to reopen. Maybe this is the new VA.
 I also won an 8 year battle for service connection to fybromaliga a few months before this . Someone at the finally stopped to read the same evidence I have been giving them for the last 8 years. I revived 40% on that one which did not change my rating at the time.
 
once again hadit veterans thanks for sharing your knowledge. 

Well, it states your PTSD is creating occupational impairment with reduced reliability and productivity.  That would usually be a 70% rating.  At the end they state your conditions preclude her from functions satisfactorily in work environments.  That looks like a rating of 100%.  It is anybody's guess at which one will be awarded.
Total occupational and social impairment, due to such symptoms as: gross impairment in
thought processes or communication; persistent delusions or hallucinations; grossly inappropriate
behavior; persistent danger of hurting self or others; intermittent inability to perform activities
of daily living (including maintenance of minimal personal hygiene); disorientation to
time or place; memory loss for names of close relatives, own occupation, or own name .......... 100
Occupational and social impairment, with deficiencies in most areas, such as work, school, family
relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional
rituals which interfere with routine activities; speech intermittently illogical, obscure, or
irrelevant; near-continuous panic or depression affecting the ability to function independently,
appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods
of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty
in adapting to stressful circumstances (including work or a worklike setting); inability to
establish and maintain effective relationships .............................................................................. 70
Occupational and social impairment with reduced reliability and productivity due to such symptoms
as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks
more than once a week; difficulty in understanding complex commands; impairment of shortand
long-term memory (e.g., retention of only highly learned material, forgetting to complete
tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood;
difficulty in establishing and maintaining effective work and social relationships ........................ 50

It has taken since 1984 to finally get my MST service connected.
Like many others, mine was never reported to the authorities. I reported it to my supervisor and my commander, but since my XO was the perpatrator nothing went forward.
I finally feel vindicated.
Don't ever give up !

excellent way to move forward.
i would like you to consider putting together your evidence, including the VA's indifference and efforts to deny your claim and contact certain female members of the U.S House and Senate. Political affiliation is not the metric, but their proactive histories on this issue is. there are several who have made this an issue and a couple who flat out refuse to do more than give lip service to these crimes. The latter act like many of the men in congress and I find them repulsive for doing so.
I understand that you may not want to make this a public issue, and if you choose wisely with the female congressmen (sorry congresspeople just sounds afu) they will keep your privacy while bringing pressure on Wilkie to get this done and your case properly rated.
you have evidence which puts you far ahead of so many others in swatting away claims it is a he said she said situation. that is your nexus and the va is actively harming you. that must not be allowed to continue for you and every other victim of MST and in fact for every other vet the VA chooses to actively try and deny.
Please consider it. any action you take to further unmask the problem will help other MST victims.