Penelope

I had to delete the award letter. I was told that in spite of trying to redact private info, it could still be seen. Thanks for looking at it. I filed a separate notice of intent Feb 2017, or should say the VSO did because he thought I would have better success filing for secondary conditions. I have yet to file that claim. I do have about 6 dbq's ready to send in. My service connection was very difficult to prove. I had a diagnosis in the military and it continued. When I got out everyone told me they never heard of such a thing. I ultimately, 11 years after I got out had to prove the diagnosis was related to the newly titled Chronic Fatigue Syndrome. I think it probably took about 10 years to get through BVA. Believe me, after that I never through anything out. I faxed the reconsideration in on June 8th 2017. Perhaps the June 12th date is when they got to it. I will be filing the secondary conditions, but wanted to wait until the TDIU claim was done. I think that it might take a trip to BVA to get those approved. Thanks again for your help.

Berta, Thank you for getting back to me. Attached is the decision. Thanks again to all for your help. Hope the files came through ok.

Thank you all for your advice. In February 2016, I filed an intention to file TDIU. I filed it in August 2016. In Sept 2016 they gave me a c & P by a nurse practioner and based that a decision on that in January 2017, I think. When I got the decision, I answered their questions, complete with sources and provided a new DBQ and an updated nexus letter from my dr. This was filed on June 8. They had failed to consider any of my doctor's letters in the first decision, even though they had them. Since their C& P was so ridiculous I had my doctor do a dbq and submit that. This is all part of the original claim that I filed in August 2016. They are calculating the back pay to August 2016 and not to February 2016. A total of about 6 months. This is my only claim for tdiu. My service connection was granted 23 years ago. My doctor took me out of work in 2012, but I wanted to file for Social Security before I filed this claim. I filed this all on my own. The last VSO I went to wanted me to let this claim go and file for secondary conditions and then go for permanent and total. That made sense, but I decided that I didn't want to let this first claim end the way it was and submitted the answers to their questions and more evidence to support what they didn't consider. I thought this was a reconsideration. I was very surprised and pleased when they granted it so quickly. It was kind of a shocker. Last time, I filed a major claim with VA, it took about 7 or eight years. I would be surprised if a lawyer would take the case on back pay. I think the total shortage is $12,000. That being said, I think it may be more complicated to get the secondary conditions granted. Thank you, again, for taking the time to answer my questions.

Berta - It doesn't make sense to me either. I will attach snippets of the decision. Hope these come out ok. Not very good at this.

I recently received my award letter for TDIU and it was made Permanent and Total. I want to thank all of you for your kind advice over the years and teaching me about how I should approach my claim. It has helped in many ways, especially letting me know what to expect. I filed a notice of Intent to file in February 2016 and submitted my claim in August of 2016. In calculating the back pay, they went back only to August 2016 and not February 2016. They said in the letter that since I left work in February 2012, they would only pay me from the date that I filed the claim, August 2016, since I did not file within a year of leaving work. I don't think that is correct and think they should go back to February 2016 when I filed the Intent to file. I just want to make sure I am right or they are right before I formally question that date. My next question is: Since I am rated TDIU and Permanent and Total, should I file Secondary Conditions. I am rated at 60% and have had that since 1994. My concern is that if something happens to me that my husband will be able to have some money coming. Again, thank you for helping me over the years. I certainly appreciate it. Penelope

Thank you for responding, Buck52. I am considering hiring an attorney. Does anyone have any recommendations in the Pinellas / Hillsborough / Pasco County areas of Florida. I will be requesting the Independent Living Eval. I will provide clarification for the work form. They ignored my doctor taking me out of work, and a few other things. I just am not sure of anything at the moment other than I am back on the merry-go-round. I will start working on this for my NOD. Thanks again.

I just received my notice from VA. They denied my claim for TDIU. First, they say I meet the schedular qualifications and then they say that I have not been found unable secure or follow substantial gainful employment. They acknowledge that I was accommodated to a reduced work schedule and receive SSDI, but there is no mention of my disability as to my retirement. I was eligible for retirement and took it. No need to mention disability since it is not disability retirement. Further, I declined Independent Living Services. I declined it because I live with my husband and son. If I need help they help me. What does that have to do with unemployability. On the 21-4192 My work record shows that I worked 40 hours a week. It was a bid position of 40 hours and I was allowed to work less. I sent them the pay stubs to show that I never worked 40 hours and sometimes a lot less. They completely ignored a letter from my doctor stating that it was his recommendation that I retire due to my service connected medical condition. Of course there is the C& P exam done by a nurse practioner, licensed for 8 months who stated that I didn't have debilitating fatigue or cognitive impairment during my 10 minute visit with her. I would appreciate your thoughts on the best way to fight this. I can deal with the obvious, but I haven't been successful getting a copy of the c&p because it was done by a private practice. My request for a copy has been in for 4 months now and I am still waiting. Athough this was expected, it is exasperating. I am in it for the long haul and realized most of what I was in for from the beginning. Your thoughts and advice is appreciated. Thank you for your time.

I went to the RO this morning and talked to ROI. They can't do anything other than fill out a form to request the papers and suggested I go to my VSO. I went down there and she was able to read it to me. I am very disappointed in the waste of time doing the exam and not being able to obtain copies so that I can understand what is going on. Very frustrating, but as my husband reminded me, "The system hasn't gotten any better in the last 20 years." Gastone, thanks for your reply.

I had a C & P done recently., which was outsourced and not done at a VA facility. When I called the toll free number, they told me that I need to make a written FOIA request. They also said that the results of the exam have already been uploaded. I would like to get my copy of the results as soon as possible and would drive down to the St. Petersburg Office to get them, but I am not getting any results trying to find out where the Release of Information Office is in St. Petersburg. Your thoughts are appreciated. Thank you.

Broncovet -- That was a previous post from a conversation in June. This is one that I posted earlier today. Buck 52 responded about 7 p.m. and I was notified in my email of the response. I then went over to the site and couldn't find it. Should I post it again? It pertained to the results of my voc rehab assessment and I am not sure what it means. Thanks.

I posted a message a few hours ago about a letter I received from Voc REhab. I received an answer from Buck52 and when I go back to the site, the message is gone. I am not sure if it was moved or deleted, or if it was allowed or not. Not sure whether to repost or what to do. Thanks.

Gastone and others -- Thank you so much for your comments and help. I have learned a lot and appreciate your comments and advice. Thanks, again.

Gastone - Thank you for your reply. I will contact Voc Rehab this morning and set up an appointment. I requested one a few months back, but missed it. They said I had a year to request another appointment. I have started the claim on ebenefits and have been trying to get all the evidence together. I am just having trouble putting it all together and want to do it right. I have a lot of docs, my VA doctor said the condition was permanent with no improvement expected, as well as the reduced work schedule at work. My family doctor, who helped me get the original service connection and was mentioned in the BVA claim, wrote a current letter. I think I am well on my way, I am just a bit slow putting it together. Thank you for your comments.

Gastone -- I was able to work the entire time, but was accommodated because of medical restrictions at my job. The letters were written by my VA doctor and solely due to my Service Connected condition. In 2012, my condition became a lot worse and work was not anxious to continue to accommodate me, although they did. As my condition worsened, my family doctor took me out of work and has written a letter saying that I can no longer secure and maintain gainful employment, including sedentary work, solely due to my SC disability. I think the correct term is a nexus letter because it relates all my medical conditions back to the SC disability. I filed for Social Security Disability and it was approved. Since 2012, when I left work, I have been trying to concentrate on getting my medical self under control. I have wondered whether I should go to VA Voc Rehab or not, since my SSDI file, contains testimony stating and the judge found that there are no relevant jobs that I can do. It took 8 years to get my SC approved and I hope to submit a better claim from the start this time even though I know the wait for approval will be a long one. Do you think I should go to VA Voc rehab in spite of Social Security and the letter from the Dr.? If so, I am more than willing to make an appointment to see what they say. Thanks for your comments and time. I appreciate it.

Thanks for replying, Navy04. I never thought about having my VA doctor fill out the DBQ. My VA Doctor that I had since 1989 retired in 2014. You gave me a good idea. I will have to ask my new va doctor about him filling out the DBQ when I go see him next week and see what he says. Thanks.

Buck52 - Thank you for your reply. You made great points. I haven't received any notice of C&P, although I expect that I will be given one. Time will tell. Thank you again.

Chuck75 - Thank you for your response. I appreciate it.

I am filing for TDIU. My rating has been at 60% for more than 20 years. I am trying to make sure that I have everything I need before submitting the claim. I am wondering whether I need to have my doctor complete the Disability Benefits Questionare. I am applying for TDIU for a condition that is already service connected. I also have a nexus letter from my doctor. As far as the DBQ, my VA doctor, who has now retired, answered most of these questions over the years in filling out forms related to my job. That is why I am not sure whether the form is needed or not. Thanks for your input.

Buck52 -- Thank you for your response. I appreciate your insight.

I am trying to fill out the form for TDIU. I am rated at 60%. I have been granted SSDI. I have a doctor's note saying he recommended I leave work due to my service connected disability and I can no longer hold gainful employment, including sedentary work. I was accommodated in my job due to my Service connected disability for many years. When I was granted my service connection at BVA, they considered an extra scheduler rating but ruled it out because I was still able to work, although on a reduced work schedule. My VA doctor filled out forms year after year for work saying the restrictions were permanent and there was no recovery expected. Flash forward 20 years and as my condition worsened absences increased and work was not so willing to accommodated me anymore. They said that I was no longer able to perform the functions of my position because of the reduced work schedule.. My question is, Do I include all these extra details and history in my TDIU claim? Do I request P & T? Or do I not say anything about the past and just leave it with the doctor's note, and SSDI decision? I don't want to add too much stuff if it is unnecessary, but I want to include the fact that I was accommodated due to my service connected disability and no longer can do the job, if it will help to have this successfully granted. Thank you for your thoughts.

Buck52 -- Thank you for taking the time to answer my post. I appreciate it.

Buck 52 - Thank you so much for all the information. I will read through it and see what I can add to my claim. I appreciate your insight. I did receive a letter from my Doctor, who has been my doctor since the 1980's and was quoted or his opinion used in granting BVA deciscions. --- has been a patient of mine since 1989. Due to her veteran Service connected condition of CFS and its progression, she is unable to secure and maintain gainful employment including sedentary work. This condition is not likely to improve and subsequent morbidities have followed. She has developed-----------------------------------------. All of these disease states are direct consequences of her inactivity due to CFS. These conditions are currently controlled with medications and therapies. It was my recommendation that she retire due to the impact and stress the job was having on her symptoms of CFS which in turn caused the inactivity which created the cascading disease states as noted above. He addressed everything that was mentioned in my Social Security decision and related it back to CFS. Do you think this is sufficient along with the SS decision to be successful? I have not worked or earned income since 2012. Thank you for your thoughts. I appreciate it.

Buck52 - Thank you for answering my post and including a link to the fast letter. I have not been unemployed for the last 18 years. I left my job 4 years ago, based on my doctor's advice. I had been accommodated in my job for many years due to Chronic Fatigue Syndrome. I have been trying to work on getting a better grip on my medical issues. I also have applied and been approved for Social Security Disability. I am trying to make sure I have everything together to apply for Unemployabiltiy. I hope to get this mess cleaned up on ebenefits so it won't negatively effect my unemployability claim. I appreciate your thoughts and posts. Thank you.

Berta - Thank you for answering my post. The BVA Docket Number is 93-11-229. I am glad to know that they were reviewing files, but how to I correct the misinformation on e-benefits? I have not had any trauma that I am aware of, nor do I have a brain or spinal cord injury. I think they just mixed my file up with someone else's file. Now, instead of fixing the wrong systemic condition date, I also have to correct the other misinformation, as well because I don't want it to interfere with the unemployability claim. I have been receiving benefits on my claim since 1990. It was first rated at 10%, I appealed. Then 30% or 40% and I appealed. Finally went to 60% retro to 1994, when the rating code for Chronic Fatigue Syndrome was established. I am going to try and locate the back pay letters to confirm, but I believe it to be correct. I appreciate your thoughts on how to correct this.

I have been Service Connected at 60% for chronic fatigue syndrome for more than 20 years. I have started the process of filing a claim for unemployability. During that process, I looked at my rated disabilities in ebenefits and found that it is noted as Systemic condition - general, 60% service connected with an effective date of 1999. My BVA decision was written in 1998 and the effective date of my rating was back to 1994. I talked to a Service Officer and they said they didn't know why it was listed in the system like this, but as long as I had my decision I should ignore it. My concern was, and is, that it shows the wrong date and that difference means the difference between a protected rating and a non-protected rating. I called VA and they set up an inquiry and I would be notified in a few weeks. Tonight, I looked at ebenefits and found that the systemic line and effective date have not changed, but now I have 2 other disabilities listed as not service connected. Not only that, but I never applied for any other disability rating other than Chronic Fatigue Syndrome, and to my knowledge I don't have these other disabilities. The first is Brain disease due to trauma and the other is a Brain or spinal cord condition - general. I have no idea where they came up with this. Both state under decision that they are not service connected. My concern is that these two items could have a negative impact on my unemployability claim. I am not sure what to do about any of it. When I spoke to the person on the phone a few weeks ago, they said they would send me a letter with regard to their decision. Maybe it is on its way and they can explain this to me. Your thoughts on what to do would be appreciated.