Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

jack81mm

Seaman
  • Posts

    27
  • Joined

  • Last visited

Everything posted by jack81mm

  1. meg, yes I knew that but most all commands dont want to help or they lie to soldiers and sometimes doesnt get INCAP for over 6 months after applying. The 60 day rule is rarely followed. Im attempting to find those who have applied for INCAP backpay or those that have dealt with it one way or another. THX
  2. I have read the 135-381 and practically anything else I can find and even talked to INCAP dept. at NGB on INCAP Backpay. I cant find any answers and my unit will not answer me nor will state command. I know how to file and how it works for current and future months. I also have all my docs 4 lods and meet the criteria and have been approved for last month and planning on applying for the backpay. I have a severe TBI and currently not working due to condition. Does anyone out there have any experience with applying for INCAP Backpay? I need help before I lose my house. THX
  3. Tinnitus n hand...My Tinnitus and hearing are a big factor, in my eyes, with preventing me to work. I have nerve damage so I have pain in my ear. Otalgia and recruitment. Cant hear well sometimes. Individually, they are not a problem but together they effect me constantly throughout the day. The PTSD is by far the biggest. No. I havent applied for SSDI. I want to git my ducks in a row first. I am not hiring a lawyer. A relative is helping me with this as I obviously cannot go at it alone since I have only couple good days out of a month. But between the two of us can complete paperwork correctly and gather qualifying evidence to garner an approval. I understand I am losing money now by not establishing possible effective date, the denial figures, etc. I also havent decided if I want to appply in the next few months or wait for IU decision. Although IU decision would have to be approved to help. THX again
  4. Hey Berta, Im sure its alot easier to look at entire decision vs me trying to handpick the important parts on why they denied. I will try my best to scan it at a friends n put it here. If I run into the putting it here problem maybe someone can instruct me how to do so. Im sorta stuck bout the new decision but Im more on the vets side with it. Hopefully it doesnt play a part with vets who are diagnosed earlier than this decision. """"One reason is because the VOCREHAB dr stated about 10 diff diagnosis on including PTSD. I only saw him for 30 min. The VA is sayin his diagnosis brings up a question mark as to if I have PTSD."""" ...Im trying to say about 2yrs ago I went to VOCREHAB n their DR saw me for bout 30 min and diagnosed me with a bunch of things including PTSD. This is in the VOCREHAB letter that states they I am infeasible for training due to my PTSD. At the time I wasnt s/c for PTSD but did have about 20% for other injuries from Iraq. I was s/c for PTSD about 1 yr ago. The part about the VOCREHAB DR diagnosing me with bunch of things including PTSD was mentioned in my IU denial letter and my PTSD approval letter. One of the things mentioned in both my PTSD approval letter and the IU denial letter is they question if I have PTSD at all. Im sure one reason is because of the VOCREHAB DR diagnosing me with other things besides PTSD and the C&P DR I first mentioned in the previous post saying I didnt have PTSD. """"Actually even if a VA doc says not PTSD and the vet has IMO shrink that says yes it is PTSD with a full medical rationale-that should award the claim under Benefit of Doubt but will the VA invalidate our Relative Equipoise BOD rights and still hinge on any VA shrink's denial of a PTSD diagnosis? And not consider any independent medical opinion that does diagnose PTSD?""""" ...I agree with you but I actually had both my VA DRS I see regualrly for the last 5 yrs or so say I have PTSD 5 yrs ago and the VA still didnt want to accept it. They put more weight with the idiot C&P DR I mentioned. And a VA DR is the one who told me this C&P DR had over 200 complaints against him. AND FYI I was not one of them. THX J I
  5. Hey Berta, Thx for your reply. In my IU denial letter The VA continues to use things against me. Just like I try to use the things that are helpult for me. The reason they said I was denied because I didnt send in form 21-8940. I understand that now. My mistake. But they mention things like the VOCREHAB letter where I was denied. They question my diagnosis of PTSD. One reason is because the VOCREHAB dr stated about 10 diff diagnosis on including PTSD. I only saw him for 30 min. The VA is sayin his diagnosis brings up a question mark as to if I have PTSD. Now I have numerous signed papers from VA Psycholgoist n Psychiatrist that I see regularly that state I only have PTSD n Depression secondary to that. I currently am in VA PTSD group therapy. My question to you is should I also send in VA notes, letters where my VA DRS state I only have PTSD to counter the VA with their notion that I MIGHT NOT have PTSD? Although the VA has this paperwork apparantly they dont read it or just playin devils advocate. And I highlight this evidence to send in. I also should say I had a PTSD C&P review 6 months ago and both DR diagnosed me with PTSD. The reason I was told I do that was because of a local C&P examiner(diff than the other 2) not wanitng to diagnose vets for PTSD or sayin they r lying. He has over 200 complaints against him. Therefore I can see why the VA wants to question the diagnosis/severity of myself n other vets. Im sure they were looking to see if this bad guy was accurate or not. I dont want to confuse an claim rater/rep but just send in a few pgs to say hey! This is my evidence to dispute what the VA thinks. I hope I made it clear and not jumbled. My point was that VOCREHAB was not a smokin gun in my case. I agree it normally should. Do you think my letter I posted is worded correctly the way VA wants it to be? Your thoughts please J
  6. Carlie, As you might understand, concerning the topic at hand and the timeliness of getting this IU app sent in, I am more concerned with gitting some thoughts from as many of the members as possible. Thanks for your replies. If you have any thoughts on my last post please tell me. Jack
  7. Carlie, Sorry. My mistake on the profile. Im at 70 for PTSD. I was at 20%. What are your thoughts on the wording of this letter? And the questions in the 2nd paragraph regarding the forms?? THX JACK
  8. Larry, Thanks for your reply. I am looking to git an opinion..regrdless of if letter is good or not..tryin to put ducks in a row...u hear all the time the letter has to worded in the way VA will accept it..so hearin so scrutiny on the letter could help if I need to have a better one. Thx agin..Jack
  9. Hey. I have 70% PTSD n dont work. Havent full time in 6 yrs. All due to the PTSD symptoms. Just rec'd letter from my VA psychologist to send with IU app on appeal. Lookin to git opinions on my questions n DR letter for IU claim. It doesnt say it in the words most say a letter needs to be for the rater to grant IU more easily but what do you think? I did stress to the DR how it needed to be worded. As I said before he is concerned bout some crap goin on wid this C&P dr who has repeatedly stated to most all of his vets at C&P exam they r either lyin or dont have PTSD. So my Dr n others in this area r bein looked at under a microscope. He is concerned about backlash from his supervisor if he writes bluntly somtin like vet cant work due to PTSD. I also have a friend who I have attempted to work for but could not continue because of my PTSD sypmtoms. He is now sayin he will complete any form like the form VA sends to past employers after u apply for IU. He will back up anything he states if VA contacts him by either mail or phone. He is a disabled vet himself. He paid me out of his business miscellaneous funds. I didnt report this amount to the IRS. It was only a few hundred dollars. Should I put this work down on the 21-8940? And do you think the small amount will be a problem in me not reporting it to the IRS? I understand the VA does a check with the IRS. I have to send/fax to legion rep by aug 15 to meet one yr deadline. July 15, 2010 To whom it may concern: I am writing this statement in support of ******. *** is followed at the **** clinic at ***** in the Va system for PTSD, secondary to his Depressive disorder. **** is followed at our clinic by psycholgist(myself) and a psychiatrist for weekly group psychotherapy and pharmacotherapy. This statement is written on behalf of *** claim for unemployability. The VBA has currently evaluated *** at 70% criteria for PTSD, recognizing that *** has occupational impairment through "difficulty in adapting to stressful circumstances" as well as an "inability to establish and maintain effective relationships." **** was referred to and evaluated by the VBA's VOCREHAB program, and the evaluation concluded that "he is infeasible for a training program leading to full time employment at this time due to his PTSD symptoms." In concurrence with the VBA's VOCREHAB, in my clinical opinon, *** does not possess the requisite emotionally stability to successfully maintain gainful employment. Please consider these factors in your evaluation of *** claim for unemployability signed ***** Staff Psychologist
  10. Boon, Thx for ur reply. SO u think putting on the IU form only working the guard p/t the last 5 yrs is looked at negatively ??? That was my only job. Why I asked if VA is concerned on how u live wid only a part time job and not a full time job. Does that make sense. So I will put the guard down on paper. I just dont have any other jobs to put down. THX. JACK
  11. Cents, Well its obvious u r not being rational....but Ill take it up to u....purple was insuating that Im still working. She assumed instead of asking. And Ive been clear in stating that I dont work. She offered no advice but to just insuate and her statement with "...well....." So that is the reason for my response. Below is my response to make it more clear. Yet u, purple, sharon n pete have not offered any help wid my statements or questions just taking her side. Seems that it is more important here to take sides than to lets move on n offer advice or opinions. I take it as an attack toward me than Im attackin purple. Why wasnt that the conclusion from u, sharon n pete?? My attitude my be in question but thats it. Boondoc is the only one so far who has moved on and attempted to help. "I have only continued to work wid guard cause its only 2 days a month and I slip under the radar from ANYONE detecting my behaviour till recently." Thats the key word recently.....My behaviour and work performance had been decreasing because of my conditions until recently noticed and put on med hold...Im not drilling or being paid but still on the books till resolved. And by under the radar that means that by only working 2 days a month its extremely hard for fellow employees to notice any PTSD symptoms and its effects on duty work. Does the VA care on an IU claim bout the accountability/reason of ur presence outside of the 5 yr work pd? For example why u didnt work this yr or that yr cause of suspicion of how one can survive w/o working. Now does anyone have any opinions on what Ive been asking???? And for pete what bout consequences for the insuatin that purple made???? And purple was not tryin to help. All she made was an insuation that Im still workin. Its obvious Im not workin or I wouldnt be sending the IU form into VA. purple did not follow up wid any comments or answers to my post other than that. Lets see if haditmembers are gonna help now.
  12. john999, fair enough n I agree wid cancelin out the PD.....thx....see thats the thing..one word here or there...whats wrong or right...my letter from VA DR doesnt state solely BUT it is clear in his words I shouldnt work. Now this letter was used for military purposes initially and given to my CO and included diagnosis, prognosis and clinical evidence. The intention was VA DR suggested that I definitely dont need to participate in drills or go on units next deployment. Actually Ill read a a bit from it. "In my clinical opinion and corroborated by clinical documentation within the VA, based on his symptom severity and the degree of functional impairment.....is currently unable to work, and medical leave from drills is strong recommended. This is bout 1/4 of the letter. He also wrote another similar letter of more detail recommending I not deploy agin. But Ive had several so called experts like DSO, regional legion rep say that "currently unable to work" might not suffice n using word like TOTALLY n PERMANENT are couple of the best words that can be used. Whatcha think???? SO which is one is correct? And what if a word is synonomous wid these 3??? Would that be right??? THX agin JACK
  13. Maam, "I have only continued to work wid guard cause its only 2 days a month and I slip under the radar from ANYONE detecting my behaviour till recently." Thats the key word recently.....My behaviour and work performance had been decreasing because of my conditions until recently noticed and put on med hold...Im not drilling or being paid but still on the books till resolved. Now do u have any opinions on what Ive been asking???? Jack
  14. its ur decision..noone else...and ur the only one the cares the most bout ur business...keep that in mind....do ur homework...and u dont have option of the 2 or any word in goin to meb...if they say u r goin to meb u r going... every opinion posted before mine is accurate tell us ur situation jack quote name='rmiller2094' date='Aug 18 2009, 01:08 PM' post='160920'] Can somebody tell me which is the better route to go; I have 22 years of active duty service with consider medical issues, do I retire or go through the MEB/PEB process? can you get both PEB check and concurrent receipt?
  15. Sharon, I dont use PTSD as an excuse. Just that maybe folks ought to be careful before they provoke folks. He deserved it. And I have plenty left. Im an Infantry soldier. LOL BoonDoc, Yes I have SMRS, etc. I feel Ive been advised fairly by VSO and Legion rep but still undecided. And my main interest is completin the form correctly. Would u just put National Guard if its the only u job u have had in the last 5 yrs. Even its part-time???? Im really wantin to decide if that would be acceptable by VA. Make sense??? On decent terms wid bosses. What I hear is VA tries to get response from them in reasonable time. If not, they dont hold it against u and make a decision. I can see how that was used against u even though I dont agree wid them. Its not ur fault or responsibility. Any more thoughts JACK .
  16. purple.......military no doubt, well what?????? If u read my post well I said Im not working. Guard or anyone!!!!! Im not hiding anything genius!!! Im looking for answers based on my post so as to understand exactly how to complete the VA form. SO do u really have any logical comments????? And as I said I have PTSD so I talk straight forward and dont pull any punches in cases like dis. Before u take offense u should look in the mirror before u pass judgement I Would like to hear them JACK
  17. Hello, A little background. Deployed Iraq wid guard unit title 10 from 2002 to 2004. After release from AD I havent worked wid any full-time sustainable work. I have continued to work wid guard bout 50 days a yr. I have only continued to work wid guard cause its only 2 days a month and I slip under the radar from ANYONE detecting my behaviour till recently. I havent worked anything under the table to survive and dont need much income. I just have tried to work but for no more than few days. My PTSD symptoms mostly prevents me from showin up on time, takin direction, concentration, memory and my short temper anger outbursts prevent me from any social communication as well as the well being of others. On VA form 21-8940 # 16. LIST ALL YOUR EMPLOYMENT INCLUDING SELF-EMPLOYMENT FOR THE LAST FIVE YEARS YOU WORKED. SO that means not just list work from the last 5 calender yrs but ALL from last 5 yrs. So as an example if you worked in 1999, 2001, 2003, 2004, 2005 but not in 2006, 2007, 2008 or 2009 You would answer wid the first four dates(the last 5 yrs u worked) not just from 2005 to 2009 (the last 5 yr pd.) Anybody see it a different way??? And would only full-time be considered or part-time work be included? Also if the only work u performed in the last 5 yrs worked was MDAY (drilling weekend) national guard work would that be listed as work? And would this guard work be considered a sufficient answer even though guard is considered part time job? To make this more clear I answer the question listing only guard as the only job I have worked for the last 5 yrs I have worked. Would that be correct??? Does the VA care on an IU claim bout the accountability/reason of ur presence outside of the 5 yr work pd? For example why u didnt work this yr or that yr cause of suspicion of how one can survive w/o working. Hope my meds havent kicked in so as to be confusing. THX JACK
  18. Hello, I have been turned down by VOC REHAB and their DR stated on paper I cant work cause of PTSD n cant be offered services cause of PTSD. One thing he has done was diagnose me wid everything from schizo to personality D along wid PTSD. And he did that in 30 min. LOL. This has been mentioned in my PTSD award letter. SO VA Raters r givin alot of weight wid dis quack cause they mentioned it instead of ignorin ALL of these diagnosis that were done instead of my reg. VA DRS I see reg. for last 4 yrs. rmiller2094...First IU is for VA purposes. Go here and read all of it. It has alot of links. YOU should also go to pebforum..its the best for military peb/meb questions..I say thats for any questions for CURRENT active duty and guard/reserve that are having medical issues that are preventin them from doin their job DO ur homework. tagandbag n Carlie....Went to Iraq title 10...but now guard..u can be s/c by va and still work in the guard. I just cant do it anymore. I havent put in claim for TBi, Vertigo or migraines but I have no doubt it will be s/c. Too much evidence that meets the criteria. But between those each of the ratings might not be enough to push my 80% to 100%. So maybe IU is the way. Im really leanin that way THX to all JACK ....
  19. John..I agree its just hard to swallow..like wantin to be back in Iraq for nother deployment. Im currently in nat'l guard but not attendin drills based on VA PSYCH letter stating I shouldnt be at drills workin or definitely not on deployment. Im curious how VA or SS looks at dis...To me it looks exactly what it is....I cant work anymore even at a part time job..or should I say cant work at dis one and from previous tries no other jobs. My VA rep has suggested that VA and SS could look at this as u r still employed regardless of wethere u r workin or gittin paid. And because of possibly entereing the MEB/PEB(not there yet cause of unit draggin their heels) process its possible that decision could come back fit for duty. Now wid the evidence I have behind me I have no doubt it will be unfit. But I can see where that argument can arise. Any opinions??? THX JACK
  20. I also understand that havin the perfect letter might be VA DRS PscyH DRS stating u cant work totally because of the s/c conditions along wid clinical reason. But DRS stating u cant work means that u cnat work. RIght??? I know it depends on the rater n how they look at it. My DR didnt state totally cant work but just cant work cause of PTSD and gave reason why.... which is why the legion rep said shouldnt be problem gittin IU but not TDIU. NAny thoughts??? THX JACK
  21. Bear wid me plz, Im at crossroads on wether to file for IU or other claims like Migraines and Vertigo that I feel are present because of diagonesed TBI. Im also 70% PTSD n total 80%. DO not work. Cant work because of these conditions. VA pscyh DRS have written letters stating that I cant work and clinically why I cant work. Ive been advise by VA n legion rep to submit claim for IU and have the proof from the VA DR wid the letter. I havin trouble in my mind on pursin anything that says that I cant work like IU. I have no intentions of obtainin work at this point as I know I cant do it cause of said conditions. Hopefully it will git better in the future. I figured that pursuing claims wqid other conditions I have might git me to 100%. I hat to be labeled wid anythin that say unemployable. I also havent filed for SSDI as Im havin the same problems within my mind wid pursing it. Migraines @50% and Vertigo @30% along wid 80% total will not git me to 100% so maybe filin for IU might be the best bet. any opinions... THX to alll thatst serve JACK
  22. For Carlie, ""Jack, No I do not feel there is a "minimum of 70 % 70% rating on the memory and attention portion". The criteria is extremely involved - the percentage granted for the "residuals of TBI" are quite complex - there is so many variables as to if one's testing would be equlivent to the 1 - 2 or 3 critera for percentage levels."" But if the TBI new regs state for example that if this area like memory and attention portion" is severe then the raters HAVE to abide by the regs which state that it should be rated at 70% or3 criteria( my numbers could be off here.) This is regardless of other symptoms, diangosis or ratings as long as no pyramid. I understand PTSD n TBI have alot of similar symptoms. Jack, It is irrelevant if the mental condition (disability) is Dx'd as from the TBI or PTSD - VA only pays for compensation for one MH disability. So I understand u r sayin cant git 2 mental comps..and TBI isnt considered mental..correct??? Maybe another appraoch to ratings is not pursue TBI but other symptoms of it like.... Migraines and Vertigo???? Im havin both n seen VA DRS n therapist for Vertigo for it. Not sure if theyve diagnosed me wid it. They cant decide if Vertigo is vestibular...Thevee ruled out menieres but think its caused by head trauma. I have kept weekly log of both Migraines and Vertigo. I figured that could help but VA DRS say they dont need that. I have to say I HAVE NOT been to any emergency room as I cant afford it so I need help in proving MIGRAINES r capacitating. Both occur bout 4x a month and I HAVE to stop what Im doin. Im also 70% PTSD n total 80%. DO not work. Cant work because of these conditions. VA pscyh DRS have written letters stating that I cant work and clinically why I cant work. Ive been advise by VA n legion rep to submit claim for IU and have the proof from the VA DR wid the letter. I havin trouble in my mind on pursin anything that says that I cant work like IU. I have no intentions of obtainin work at this point as I know I cant do it cause of said conditions. I figured that pursuing claims wqid other conditions I have might git me to 100%. I hat to be labeled wid anythin that say unemployable. I also havent filed for SSDI as Im havin the same problems within my mind wid pursing it. Migraines @50% and Vertigo @30% along wid 80% total will not git me to 100% so maybe filin for IU might be the best bet THX JACK
  23. Well over 369 set of eyes have looked at this..if anyone has any experience related to this chime in.... A VSO from AM. Legion told me that raters r bein TOLD by their supervisors to not rate the higher % unless it is SEVERE TBI regardless of ANY diagnostic and objective testing that would meet the criteria for a high %. That burns my ass..... JACK
  24. Hello to Carlie or anyone that has experience wid TBi claims, Im looking for some help wid da same questions bigoc has raised. If Neurology has diagnosed mild TBI(and according to VA regs mild or severe TBI diagnosis has not affect on the % rating), given objective tests and results are severe wouldnt VA have to follow that result for evaluation and meeting the criteria for minimum 70% rating on the memory and attention portion for a neuro-psych test...????? This is regardless of an Rx for mental condition since these symptoms are, according to DRS, more TBI than PTSD??? This is givin its combat related... THX JACK
  25. Please help...been tryin to download previos file....site wont allow me to do it...THX
×
×
  • Create New...

Important Information

Guidelines and Terms of Use