eagle-eye

My local DAV rep is leaving and going to work for The Wounded Warrior Project. He said he wanted to leave knowing whether I was awarded or denied my IU since we already knew it had been rated. He called Houston and got a e-mail copy of my official notification letter. It states they are increasing from 80% to 90% service connected and awarding me TDIU. I am not P&T. I have one future exam. I am bing back paid for the additional 10% to Oct 09 and back paid for the TDIU to April 09...I was thrilled about that last part because they didn't go by the day I filed for TDIU but instead went back to the day I was awarded 70%. I'm also relieved to find out what's been possibly causing my intense headaches (besides stress). I had an X-Ray and an MRI done on my neck. This was requested because I finally disclosed to my Dr about how badly I was hurt in this area and the back of head during an assualt. The MRI shows that I have arthritis in the neck and upper back. Finally proof that i'm not causing my own pain psychologically. I can't count how many times my primary dr, psychiatrist, neurologist and a few others have theorized that I'm bringing on the pain because of my PTSD. Anyway, I won this battle and now have to gear up for the Judicial hearing for appealing my SSD. Thanks for all the great advice. I only wish I found this ite BEFORE filing my claim. I would have made less mistakes.

They're not trying to short change you. Eventually they will pay you for dependants and it will include a retro check for all the back pay to the date you were granted 60%. I don't know why they treat it as a seperate claim and make you wait. I've been through this myself. My advice is if either you or your spouse had any divorces before you two were married you need to send VA proof of the divorces being granted. That particular situation held up my claim for dependants for several months.(of course, that was my husband's fault; not mine!)

Pete, Thank you..I wish the rater saw it this way as well.

Thank you folks for replying with all the input & research. I will definitely put this at the top of my to do list. This, I believe, is beyond the scope of my DAV's knowledge. He already gives me the "deer in the headlights" look when he sees me coming. I can understand why some of you enjoy researching the law. Maybe I can learn & understand it better so I too can assist some people here and at the VAMC where I spend a lot of time waiting for my appointments.

the 10% for "adjustment disorder" was awarded at my medical board in 2003. I filed for an increase in 2008 and it was bumped up to 50% -the wording was also changed to "major depression". 2009 i filed for TDIU because I was unemployed and combined rating of 80%. Claim still pending. Thanks.

thank you Carlie for stating that. It clears up some of my concerns.

Yeah, my old employer..sore subject & may cause problems. I was an independant contractor shooting instructor for Blackwater USA. Huge private company that has several military contracts. They loved me while i was able to keep-it together for a year and a half. I had a dilemma about divulging my issues to them because I knew they would let me go in a heartbeat since it was a sought after job with a long line of people ready to take my place. I did finally have to tell them about dealing w/headaches & depression. I was asked if I wanted to resign or just to be let go. I chose to write a letter of resignation so I could use them in the furutre as a referral. Stupid me, huh? They took 14 months to reply to the VA about my employment and I have no idea what they said..too hurt to look. They set me back more emotionally than the military did. This was 2006 and I still get tearful thinking about the whole situtaion. I was very proud of my job.

I am not computer savvy so I'll input manually Under DIANOSIS there are sub-catagories. The AXIS is in sub-catagory MENTAL DISORDER: EMPLOYMENT HISTORY..this is what the axis says AXIS I: Major Depression, recurrent, severe IF ANY ADDITIONAL MENTAL DISORDERS HAVE BEEN DIAGNOSED, EXPLANATION OF HOW THE SYMPTOMS ARE RELATED TO OR ARE PART OF EACH MENTAL DISORDER: PTSD secondary to MST AXIS II: NONE AXIS III: Per medical record AXIS IV: poor energy, headaches, continuing symptoms AXIS V: GAF score 45 Than skipping to the last catagory titled C&P EXAM MEDICAL OPINION sub-catagory EXAMINER'S OTHER MEDICAL OPINION..."There appears to be an increase in symptoms of Major Depression and PTSD for this veteran since the time of her most recent c&p eval. This veteran appears to meet the criteria for unemployability due to Major Depression and PTSD. RATIONALE FOR OPINION GIVEN: This veteran reports increasing symptoms of Major Depression with some impairment in accomplishing ADLs due to symptoms of clinical depression and physical fatigue. She reports a period of severe depression w/suicidal ideation in 2009. (it goes into some personal stuff that i'll skip). The veteran reports severe ongoing symptoms of depression & PTSD, w/increased anxiety, panic attacks, poor concentration & focus, limited stamina. It appears that this veteran may also have medical concerns in terms of continuing fatigue & lack of stamina, frequent headaches. She has severe current impairment in her occupational functioning(i was not working..it's referring to parenting my youngest child) and severe impairment in her psychosocial functioning; difficulty in engaging in activities outside of the home due to anxiety. She is a capable woman w/a significant degree of current impairment due to psychiatric & medical issues. This obviously was my MH exam & there's also one addressing my headaches.

Last couple day I have been asking a lot of questions on here. I'm a bundle of nerves and anxiety awaiting notification on my TDIU claim for major drepression and migarine headaches. I had read in previous posts that a person can "somewhat" get an idea what a rater may decide by looking at copies of the C&P exams. Well, I dug those out and blew the dust off of them. It's 16 pages of jargon that i won't even attempt to re-type here, BUT if anyone knows what section(s) of the report are vital I would be eager to share what I have. Thanks for being tolerant of my neediness right now

I apologize in advance if I'm posting this in the wrong forum. My situation in a nutshell that I'm inquiring about is this..I was medically discharged from Active-duty Air Force in 2004 due to physical and psychological issues stemming from a personal attack in my home off base. I had requested to be temporarily retired so I could hopefully get treated since I had been in for over 12 years and had a great military record but they chose to discharge me with severance and VA 10% for adjustment disorder. Does the following apply to me or was my discharge before this prevent me from being eligible? [Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2008] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR4.129] [Page 449] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart B_Disability Ratings Sec. 4.129 Mental disorders due to traumatic stress. When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted.

What RO is your claim at? Maybe find out from others who have filed TDIU at your same RO what their experience was. I filed mine in Oct 2009 in Houston. I moved to Washington state before my C&P exams so my claim went to Seattle in Mar2010. All my C&P exams were completed in May2010. I moved back to Texas in June 2010 but did not move my claim because I didn't want to delay it. My claim stalled at the development stage. I had one previous employer not responding back with my record of employment. They finally did in Dec2010 (VA was not willing to move on w/o it). Contacted local Congressman in April 2011 because of pending foreclosure. VA said I still needed release of medical record authorization..total BS!!. It was in my C-file BUT I sent another through Congressman's office anyway. Seattle moved claim to Houston July 2011. Immediately after that it went to the rating stage. Than back to the development stage, than the rating stage again... 1 sep 2011 it was done at raters and now I'm at final authorization & notification stage.....I'm telling you all of this because EVERY claim is different. I filed my claim BEFORE finding this site. If I knew then what I know now, I would have done things differently. Best wishes to you. Research and get involved is my best advice.

Boy, the VA sure moves fast when they want to take compensation away...slow as hell any other time. So uncool

I was denied SSD and I have a lawyer for the appeal. I was medically seperated from active-duty for major depression due to a home invasion and attack that has caused both physical and emotional issues. I did work again for 18 months soon after seperating from the military but was let go when they learned I was on anti-depressants. BUT i'm sure they didn't admit that when they replied to the VA's inquiry about my employment. It took the employer 14 months just to reply back to the VA. I went thru 7 other jobs in a span of 2yrs with ME always leaving. I was too ashamed to be honest about my conditions and would just stop going to work for either being in pain or mentally unable to function. I think if anything screws up my claim will be how I never shared with my supervisors what I was really going through.

Yes, I was also offered this but I don't use a landline and really didn't feel like participating. This was the Audie Murphy VA Hospital in San Antonio.

First I sent in the 21-686c, marriage & birth certificates after receiving the envelope from the VA with official notification. Stupid me thought that I would start receiving additional pay for the dependants right away. Nope! Called 1-800# about 2 months later and they had no record of receiving form & certificates. Mailed them again certified and another set mailed through local DAV office. I even had to send in proof of my husband's divorce of previous wife. That held up things a bit because he didn't keep any of that and had to track her down. Luckily, she's military as well and was helpful. The 2 SC claims that were rated did start paying right away BUT w/o dependants. So, when the other 2 deferred claims were rated I received a retro check that included all the back dependant pay as well as the 10% increase in disability. I hope that makes sense..i don't often explain myself well.

I hear ya Kelly. The one good thing of waiting so long and living on a very tight budget is it has become ingrained in me now. My husband and I are much smarter about money now. Goodness, when we were active duty and when I received my severance pay we made some stupid purchases. Young & dumb! I am also trying to prepare myself for a denial. Honestly, don't think I can but I have young kids who I refuse to see me melt down. I hide a lot from them. I haven't been this anxious since 10 years ago staring at a pregnancy test seeing how many pink lines were going to appear and trying to determine it's meaning...sorry, it's the only other time in my life that was filled with so many emotions.....crazy! ANYHOW...How are you doing? Still traveling? Eagel-Eye in Texas

Thanks Boomer for your positive wishes...By The Way, I would be more like a "sister" . Not that it really matters.

Thanks Pete

Made my monthly 1-800 call today (I don't have E-benefits) and was told that my TDIU claim was rated yesterday. I about fell over because I was so prepared for the usual verbage I've been hearing the past 22 months. I even had her repeat what she said..."yes, your claim has been rated and is currently being reviewed before you will be notified of the decision. May I verify your mailing address"....her words exactly. Of course, with it being a 3 day weekend I couldn't reach the Houston DAV rep who I believe is authorized to tell me the decision...is that right? Do denied claims get reviewed? I'm just such a mixed bag of emotions and a bit sick to my stomach. I understand you folks hesitate replying to uncertain situations but it would do me good to hear your thoughts.

I kind of had a similiar situation when my claim was approved. I was awarded for 2 SC issues and 2 others were deferred. I sent in required forms to start receiving the additional $ for my husband & children. The VA responded back that they were going to wait on the deferred claims to be rated before paying for my dependents. It took 18 months before this happened. I hope your goes through in a more timely manner. Congrats on your 40%. I love hearing good news.

John, I had considered that. Especially when I saw a copy of an e-mail in my C-file that was accidently included. It was a message between two raters wondering why they were "stuck with rating me again". It also stated something about it was apparent that my previous claims were "not perfect". (what does that mean..was I rated too high or too low.?) Losing our house was the icing on the cake. We sold everything but essentials trying to squeek by but my husband was without employment for 3 months and we just could never catch up. I'm trying to prepare myself for no increase, but I'm not. I'm so grateful for this site. Just writing about all this helps me. Thanks.

Maybe they are referring to authorization or notification.

I was awarded 70% SC in April of 2009 (50 for depression-30 for migraines). I filed a claim for Individual Unemployability (IU) in Oct 2009(still pending). In Nov 2010 I was awarded another 40% for Chronic Fatigue and 10% for hypertension. This bumped me up to 80% total. I did not add these two additional conditions to my IU claim mostly because I felt confident that my treatment for depression and my chronic headaches were enough to award me IU because of all the medical documentation and what was written in the C&P's. By the way, the C&Ps for my IU claim were done back in May 2010. Anyway, in June my IU claim went from the "development" stage to the "rating" stage. BUT in July it went back to the development stage...crap. Now, a DAV rep looked on the computer (I saw it too) and it says my claim is in "Secondary Rating"!!?? Well, the DAV (bless his heart) could not tell me what that meant, so that's my question. Anyone ever heard of this? Thank you.