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Jay

Second Class Petty Officers
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Everything posted by Jay

  1. I understand what both of you are saying but I already turned the IME in and it's been some time now that it's been there. I read the IME once over again just recently and this questioned just popped in my head. I googled my heart out trying to get a feel what this phrase might mean to VA type and couldn't find an answer. So I thought maybe you experienced individuals could be my guiding light. As always thanks for your feedback.
  2. Thanks for your reply and I appreciate your opinion. But doesn't the phrase in itself mean "beyond a reasonable doubt?" And with the rest of the document as support would it not be enough to weigh on the side of the Veteran?
  3. When a Psychiatrist says "Within a reasonable degree medical certainty" are they saying 50/50 or are they saying more likey a 100%. How is it taken by VA. When read it appears like strong language. My IME had this in the doctors final words and I don't know exactly know what to make of it. From what I've read it seems to be in a grey area. Does anyone have some experience in this area? Thanks
  4. My C-file is with the regional office waiting for the BVA to ask for it (call it up). While it was waiting I had and IME and DBQ done stating I was with reasonable degree of medical certainty 100% permanent and total do to service connection. While it was waiting and this new evidence came to light it appears the DRO is taking another look at it. If I disagree with the DRO in whole or part again It will still go to BVA with the same docket number. This is from my understanding do any of you have any other explanations?
  5. Thanks for all the replies. I do have a docket number for a TDIU claim. VA was holding my c-file until the called my docket. However in the mean time I had new evidence in the form of an IME and DBQ stating I am 100% catastrophically disabled and Permanent and Total. This when I found out that DRO now reviewing my case. I wasn't sure if this is normal procedure and in my best interest of not. Could it mean I have stronger evidence this time that my not need to go to BVA? Also since the IME says I am Permanent and Total 100% total could they ignore the TDIU and give me scheduler? Thanks for all your advice
  6. I have a TDIU claim that is awaiting to go to BVA since September 2011. I have a docket number. I recently put in a DBQ and IME saying I can't work at all and my condition is Catastrophic 100% disabling Permanent and total with reasonable medical certainty. I also have a Not Feasible for employment letter by Voc Rehab and am on social security. I now found out my case went to a DRO for review. Is this standard procedure for DRO to pull a case waiting for BVA and to relook at the case? Is this in my favor. I put in for TDIU could they give me Schedular rating instead. I still don't want to lose my place in line at BVA if the DRO denies some or part of my new DBQ, IME evidence. Thanks for any clarification
  7. Wings I appoligize - I was trying to find out what the "X" PTSD meant and didn't relize the topic changed on how to become SC for prior PTSD.- again sorry.
  8. I spoke with my provider today. The provider wasn't 100% sure but did add that he/she had seen this before. The provider speculated that the "X" meant my PTSD was not caused by the service. My SC for PTSD is due to aggravation. If you find out that the "X" means something totally different please post it. Thx
  9. 11cvollley - Thank you for checking. I am currently Service Connected for PTSD like you suggested. All Like Wings mentioned childhood PTSD seems to be the best fit thus far. However, I haven't been shown enough facts or have the confidence yet to convince me that this is what it means. I searched google. I also couldn't find an active phone number for the National Center for PTSD (just has a recording number). Please continue with your suggestion and comments they are appreciated.
  10. Thanks for responding I appreciate it: To answer your question the X came with the quotes ("X"). So this makes me believe its not a miss print. Any other suggestions?
  11. Hello I was wondering if any one knows what the "X" means as shown in the below GAF scale. I was inpatient for PTSD (Childhood) and this was in the discharge notes. My guess is that this means Childhood PTSD or complex PTSD but I'm probably wrong. Any suggestions? Where can I find the discription for this notation (haven't found it with Google)? Thanks in advance for the assistance. Axis I: "X" PTSD Bipolar nos Axis II Deferred Continues .......
  12. Thanks Berta for your help The answer is the SO is relying on what the RO's stated that he/she beliefs that Voc Rehab's specialty is in dealing with employment. He/She believes that having Voc Rehab finding me not feasible for employment is strong evidence that was not previously in my claim.along with the catastrophic disability letter, and some doctor letters (which I wrote out earlier in this thread). All of this which could change the outcome of my case. No formal reconsideration was requested by my SO just a new 21-8940 IU claim was submitted with this new evidence The C-File was then apparently pulled from being shipped to BVA (it hadn't been certified yet but was in the works) so that the RO could take another look at my case with the new evidence mentioned above. With this new evidence they may be able to decide in favor of TDIU and back date it to the time I first put in the NOD (no BVA appeal would then be required). However, they could grant TDIU now but not back to when I put in the NOD this would then require my case to go to BVA to fight the temp TDIU of 16 months. Or they could deny both the current TDIU and the one I have about ready to go to BVA in which case the claim would go to BVA on appeal but have all the new evidence attached. I hope this made some sense.this is how I understood it from my SO. As for the other stuff you mentioned in your post I am sorry but I don't follow what your trying to say. Can you help me understand, sorry?
  13. Hello cooter good to hear from you as well To answer your question no hadit didn't misguide me. I had put in TDIU claim in last year and put in another TDIU claim this month prior to asking any questions on hadit. To better clarify the first TDIU was put in back in 2010 when I went on disability for 16 months. During this time I NOD the SOC because they only paid me for 6 months of disability rather than the full 16 months. This case then was being prepared to go to the BVA. So this was a temp TDIU case. Full TDIU was never granted. I then went back to work. Then my SC caused me to get sick and got worse again and lost two more jobs the last one being this past September 2011. So I applied for TDIU again. This time I had a letter from VOC Rehab not feasible for employment letter, catastrrophic disability letter that I found that was dated from 2009 (and is still active), and two recent mediocre letters from my treating Drs. to hopefully help support my new claim for TDIU. Since I had a TDIU claim already on appeal to BVA they decided to make this new TDIU claim a schedular claim. In the meen time, in September 2011, I got a Chapter 35 letter and pamphlet that I read usually comes prior to being excepted for TDIU P&T. But I also read it's generated during the 13 16, and 18th bithday of your dependents birthday. My son turned 13 in September. So I got all screwed trying to determine what is happening with my case. Did I get TDIU P&T. Apparently not because: Today my VSO calls me and tells me that with the new evidence (VOC Rehab non feasible employment letter is apparently strong evidence) that the RO is holding off sending the c-file to BVA so he can take a look at the file in light of the new evidence. it's possible he can award me TDIU going back to my original 2010 NOD. He may also be only able to give me TDIU and not the retro pay. In this scenario he would grant TDIU but the reto pay would still have to go to BVA on appeal. So its a matter of him granting or deciding in my favor in full support or partial support of my claim or not at all. Partial would meen I get TDUI but my claim would go to BVA for 2010 NOD reto pay. This re-review will not be for schedular as it was originally setup to be it will be for TDIU 100%. (P&T I hope). Hope this helps clarify it better? More comments welcome.
  14. I receivedmore news today and wonder what everyone’s comments are: I called my VFW Rep today who told me she found out by the RO working my casethat I have a TDIU claim on appeal already from last year ready to go to theBVA (they gave me temp TDIU but only for 6 months and it should have been for16 months back in 2008 - 2010 - doctors kept extending my disability from workbut the RO didn't have all the extensions only the original 6 monthsdisability). I then put in a new claim for TDIU this month with new evidence mentioned abovein my first post. The RO said I couldn't have two TDIU claims going at the sametime. So 1) The BVA appeal will be the TDIU claim while 2) The TDIU I just put in September will be for an increase on my PTSD (schedulerI think). Sometime later the VFW Rep calls back and says never mind what is going tohappen is the RO will look at the case again since the Voc Rehab not feasibleemployment letter is new and strong evidence (since that's what they do) as isthe other evidence I just submitted in September and try to make a decision inmy favor. If he can't fully make a decision then maybe give me TDIU but theother part would still go to BVA or not. He has to take a look at my case againso this may take a little while she said. Oh there maybe a chance the retro would go back to the first time I NOD theTDIU, but I see this as a long shot. I hope I didn't confuse anyone is this positive news?
  15. I just read that in M21-1MR, Part III, Subpart iii, Chapter 6, Section A that a eligibility notification 22-8335 form is generated on the 13, 16, and 18 birthday of the dependent. In my case my child just turned 13 this month. So I think that is why I got the letter and not because I turned in the TDIU stuff. Well lets hope it still gets approved.
  16. All I will look for a letter in the mail and a change in my bankaccount. I checked ebenefits and itstill showing in development stage. Iwould expect this since I just turned in the following information in thismonth; Sept 7, 2011 TDIU Application and Dr. Letters Sept 21, 2011 Catastrophically Disabled letter Sept 26, 2011 VocationRehabilitation not feasible employment letter I won’t keep my hopes up since from past experience I havenever seen something processed this fast. Have any of you?
  17. Ok so I turned in the two Dr. Letters below, Voc Rehab not feasible employment letter, and the Catastrophically disabled letter since 2009 into the Regional office via my Service Officer all this month. Today I received a chapter 35 DEA dependents pamphlet with a letter about my son and/or daughter may be eligible for these benefits. Does this mean I got the TDIU P&T I requested. I haven't had a C&P but I did have one two years ago that gave me the PTSD at 70%. This seems very fast to get one of these pamphlets already. Comments?
  18. Thanks cooter for your reply. I will submitted the catastraphoic letter. I also received a letter today stating I am not feasable for employment from Voc Rehab. Can I use this for TDIU and SSD. It mentions after speaking with me the following issues were noted inability to deal with authority figures which casuses you high anxiety Difficulties dealing with and managing stressful situations on the job Concentration issues affecting your job performance and completeing your educational training PTSD and Bipolar causing you to struggle with social and occupational settings Uncessful maintaining employment for any period in time and in any setting because of PTSD and Bipolar symptoms; you have not been able to perform job duties and you continually are assigned different job assignments, have conflicts with coworkers and supervisors etc.. You have had two jobs since moving to _____ and were uncessful retaining them do to your service connected disabilities. Based on this information, we are unable to find feasible for employment under guideline of Vocational Rehabiltating Independent living services not needed at this time. . Thanks for everyones replies. Not having the complete support of my doctors with regards to writing lengthy supporting letters and no IMO anywhere near I am trying to gather what I do have to make a strong case. So any comments are welcomed and appreciated on how strong a case I may or may not have at this time using the 2 doctor letters, Catastrophic Disabled letter, and now the Voc Rehab lettter.
  19. Would a letter stating I am catastrophically disabled by the VA help for TDIU and SSD?
  20. Notorious Kelly your correct that stronger evidence is probably warranted but not being near any place to get an IMO and VA docs not being all that helpful I felt/feel stuck. I was hoping the line in the psychiatrist letter stating I am unable to hold on to a job and perform satisfactory might be just enough. I may have to rely on the C&P or SSD if I were to get it.
  21. Carlie. I am 70% for PTSD (Biploar merged with the PTSD). The other % percentages are for hypertension, Reynauds, which added together equals 90%. I couldn't find where to update my profile to reflect this. I did get a lawyer for SSD. The VA doctors at my VA are hesitant to write any letter for anyone. This is the best I was able to get out of them. Thus the reason for me asking how far a letter like this might get me. Thanks for all your comments.
  22. Carlie and wdroberson thanks for your replies. Charlie I have applied through my service officer as you directed already I appreciate this information. Wdroberson or anyone I feel the same way having the word guarded in the letter. But what about the doctor stateing that "I can't hold onto a job" (maintaining) this would mean even in a guarded state? This sounds definate to me and is exactly what TDIU is meant to address. What do you think any hope there how about for SSD purposes (I do have an attorney for the ssd).
  23. Thanks for the quick response. I didn't know where else to go to get an opinion. Below are the two letters redacted. Psychiatrist ___ is under my care over a year. He is treated for PTSD and bipolar disorder mixed type. He reports he is experiencing severe anxiety at work and difficulty concentrating at work. As a result his perormance at work has suffered. This is affecting his self esteem. Since his move to __________ he has alreay changed his job twice. Because of his emotional problems cause by his psychiatric issues he is unable to hold on to a job and perform satisfactory. Considering the chronicity of the conditon prognosis is guarded. Social Worker This letter is to inform you that I have been working with _____ in individual therpy for over a year. He is also participating with medication management with (above Dr). He has been diagnoses with chronic PTSD, as well as Bipolar Disoder mixed. At this writing, the veteran continues to struggle with moderate to severe symptoms, resulting in serious impariment in individual, social, and occupational functioning. Problems with excessive anxiety, panic attacks, mood liability, poor concentration, memory problems, social impariment, and irritability contribute to reduce reliability and productivity on the job. In addition, ____ has difficulty adapting to stressful situations, making it difficult to manage the day to day stressors of work. This has been reflected in his ongoing attempts to maintain employment, which has led to multiple changes in postions and job duties, in attempt to accommodate his ongoing problems. Also, the vulnerability for increased symptoms remains high, especially under times of increased stress. Even with treatment to date, symptoms have remained chronic and at least moderate to severe. Prognosis is guarded, due to the veteran's fragile functional status, as well as his progression of symptoms to date.
  24. I have been on this site for a while but new to posting. I am 90% disabled for PTSD and Bipolar II Mixed and currently going through a hard time. In the past I was turned down for TDIU and SSD because nothing in my records stated I couldn't work just my condition is guarded. I have no place in the area to get an IMO since I live in the booneys. My VA treating doctor and social worker have recently wrote short letters that may or may not help my case. They were reluctant to do so. I just left my last job because stress and panic it caused me on the job due to my PTSD. I was wondering if I can (appropriate) to share my two letters and get oppinions on how it may help or not help my case? The letters are about a half a page put together. I've been able to get employment but not maintain it. Thanks.
  25. Regarding my last post "Late June 2007" should read "Late June 2008" and the paragraph that starts with "I am nervous .... wont be part of my NOD review" should read "wont be part of my STAR review"
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