[TDIU claim rejected]

I'm currently service connected at 70% for PTSD with alcohol use disorder and situational specific phobia.  I also have a 50% rating for cirrhosis with hepatitis and alcoholic gastritis. During my claim, I listed PTSD as the disability that makes me unemployable but I was under the impression that VA would consider the combined affects of all disabilities.  Is this not the case? If anyone has advise on how I should proceed, that would be wonderful. Based on the symptoms listed in the my award letter, is it even worthwhile to appeal?

 

 

[Is form 4192 required?]

Nevermind. I just saw other your post in the e-bennies forum.

[Is form 4192 required?]

14 hours ago, Christie said:

I was granted TDIU on May 20 from the BVA. Still no change on ebenfits for me either.

Do your benefit letters reflect TDIU?

[Is form 4192 required?]

Yes it was an electronic filing and yes, it was for PTSD. The original claim C&P and the IU C&P were both conducted by a VA doctor or a VA contractor. Today my claim is showing as closed. There's no change in my benefits letters so I'm bracing myself for a denial. I just find it odd though, because the M21-1  makes it seems like it's mandatory to request the form, except for the exemptions listed below. Maybe I'm misinterpreting the manual but thanks for the information that you've provided.

 

Quote

Development for VA Form(s) 21-4192, Request for Employment Information in Connection With Claim for Disability Benefits, is routinely initiated at the time a claim for IU is received via submission of VA Form 21-8940. Use the table below to request VA Form(s) 21-4192, for the Veteran’s last year of employment even if the Veteran

• has not worked for five years or more, or
• is or may be currently employed, as marginal employment is possible. 

Exceptions:

• When the evidence of record clearly warrants a grant of entitlement to IU, do not delay a rating decision granting entitlement to IU for initial or continued development for VA Form 21-4192.
• Do not send the VA Form 21-4192 to a previous employer if the Veteran states that the employer is no longer in business or other evidence indicates the business is closed.
• Do not send the VA Form 21-4192 when the Veteran reports self- employment.  Follow the procedures at M21-1, Part IV, Subpart ii, 2.F.3.a for development regarding self-employment. 

Quote

VA Form 21-8940 requires the Veteran to furnish an employment history for the last five years that he or she worked.  In determining whether the Veteran provided work history information for the required time period, review the entries in Blocks 14 and 15 on the VA Form 21-8940.    Note:  The minimum required work history, for the purpose of requesting employment information from the Veteran’s employer(s), must include the last year of employment.   Important:  If the Veteran fails to provide employment history, the evaluation of the underlying issues claimed to cause unemployability must still be adjudicated even though the claim for IU may result in denial.

 

[Is form 4192 required?]

I submitted a requested for individual unemployability on 7/26/2020. I have 2 service connected disabilities (one at 70%, the other at 50%). I listed the 70% disability as the one making me unemployable. I attended my C&P exam on Monday, 8/10/2020 and as of yesterday, my claim was in the "Gathering of Evidence Stage." This morning my claim was in "Preparation for Decision" and it is now in "Pending Decision Approval."

I did not submit the VA Form 21-4192 Request for Employment Information form with my claim. I called Peggy today and they said that they did not see where the VA had requested or received that form and that the VA did not need anything else to decide my claim. I know the VA will proceed with making a decision if the employer does not return the form but is it common or has anyone seen a case where the VA made a decision without even requesting the form?

[Fair rating percentage?]

Hello Buck52,

Now I'm getting a listed confused. When I was referring to a previous post, I actually meant the first message in this exact thread. This is the only thread I've opened on this matter.  I'm not really sure why we're seeing different things. Regardless, thank you for your input.  I'm not intending to cause any confusion.

[Fair rating percentage?]

9 minutes ago, Buck52 said:

 Welcome to Hadit georgia126532

Do you have a claim in at present?

We need a little more information to help you better. what is it your filing on?  Injury or disease? 

or Maybe Depression or PTSD?

 Have you been diagnose for any conditions by the VA or private Dr.

your going to need your in service medical records

when first filing a claom or claims you need 3 elments to start off

1.A current, diagnosed disability;

2.An in-service event, injury, or illness; and

3.A medical nexus between the current disability and the in-service event, injury, or illness.

IF YOU HAVE ALL THE ABOVE  PLEASE GIVE US SOME MORE INFORMATION TO BETTER HELP YOU.

Thanks

Hello,

I'm currently rated 50% for  PTSD with specific phobia and alcohol use disorder. I already have all 3 elements and service connection. That claim was closed in June 2019 but I am trying to decide whether or not to appeal for a higher rating. I attached a copy of the rating decision with my first post. Is that not visible? If it isn't, I can re-upload if necessary.

Also, I submitted a second post with additional information in response to broncovet's questions. However, I think the post is still pending approval by a mod. If there is any additional info that you need from me, I'll be glad to provide it.

[Fair rating percentage?]

I'm not currently working. At my last company, I was working in the same department for almost 10 years with no issues until a new manager was hired. Me and this manager frequently clashed and eventually, I had to leave. I was counseled by her both alone and with HR involved. I eventually quit voluntarily to avoid the inevitable termination. I did not have an issue with missed work because I was the next senior person in the office and I was needed to make sure the office was running smoothly. That was a big part of my issue with her because I felt like I was doing both my job and her job and the added stress wrecked havoc on my mental health.

 

I quit that job about 2 1/2 years ago and I haven't worked since. I'm 42 years old with no spouse, no romantic relationship, no children. My only friend is a soldier I was deployed with who lives out of state. My relationship with my parents and siblings is fine.

 

The phobia portion of my disability is a driving phobia which makes it hard to have a social life. Even if I was able to make friends or sign up for social events, I wouldn't really have transportation. The public transportation system where I live is practically non-existent and I can't afford to take an Uber or a taxi everywhere.

 

When I received my rating from VA, I was willing to accept whatever they gave me but at this point, I don't know when I'll be able to go back to work. I'm considering appealing it but I just wanted to get an opinion from others with more experience to see if my symptoms warrant it.

[Fair rating percentage?]

Hello all,

I was wondering if you would consider my rating of 50 percent to be fair, based on the listed symptoms.  Thanks in advance.

 

[Help with appealing a denied claim]

Thank you, everyone.

[Help with appealing a denied claim]

Hello,

I'm currently service connected for PTSD with specific phobia and alcohol use disorder at 50 percent. I also have a diagnosis of alcoholic cirrhosis. I recently requested service connection for the cirrhosis and some secondary conditions that were caused by the cirrhosis.  All claims were rejected as non service-connected.  My understanding was that the cirrhosis should be service connected since the alcohol use was related to my PTSD diagnosis. 

Below  I've listed excerpts from my PTSD C&P exam and my claim denial letter. Please let me know if this claim should be service-connected and if so,  and what I can do to remedy the situation. Would you recommend requesting a higher level review?  If you have additional questions, please let me know.

Any assistance would be appreciated.

Quote

 PTSD: psychological/physical reactivity to salient triggers, avoidance, persistent negative mood, feeling cut off from others, self-harm, hypervigilence, sleep disturbance, decreased concentration Alcohol Use Disorder: Excessive use of alcohol despite medical complications. Secondary to PTSD and Specific Phobia Diagnoses are mutually aggravating conditions. 

 

Quote

 b. For the indicated occupational and social impairment, is it possible to differentiate which impairment is caused by each mental disorder? [ ] Yes [X] No [ ] Not Applicable (N/A) If no, provide reason: Disorders are mutually aggravating conditions. Depression is considered secondary to Specific Phobia and PTSD as it poses significant social and occupational impediment. Alcohol Use Disorder represents Veteran's attempt at self-medication. 

 

Quote

 b. Indicate type of exam for which opinion has been requested: Initial PTSD/Mental Disorders TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE CONNECTION ] a. The condition claimed was at least as likely as not (50% or greater probability) incurred in or caused by the claimed in-service injury, event or illness.  c. Rationale: Veteran is diagnosed with PTSD and Specific Phobia (driving) both secondary to deployment stressors noted earlier in this report. PTSD symptoms and impairments are considered mild. Specific Phobia symptoms and impairments are considered severe. Alcohol Use Disorder is considered secondary to these conditions and represents an attempt by Veteran to self-medicate. Alcohol Use Disorder symptoms and impairments are considered moderate to severe. All disorders are mutually aggravating conditions. 

 

Quote

 7. Other symptoms ----------------- Does the Veteran have any other symptoms attributable to PTSD (and other mental disorders) that are not listed above? [X] Yes [ ] No If yes, describe: excessive alcohol use, decreased motivation, loss of interest/pleasure