Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
eagle-eye
-
Posts
72 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by eagle-eye
-
-
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.
-
This is what I found;
[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR4.129]
My medical board decision was in Oct 2003 and my seperation date was Jan 2004. Looks like this reg doesn't apply to me. I am very grateful in you looking that up.
-
Eagle-eye, when did you file your claim with the VA?
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.
-
eagle,
At this point it is irrelevant what the employer stated regarding your employment there.
ALL THAT IS RELEVANT in a claim for IU is - Do Your SC'd Disability's render you Unemployable.
thank you Carlie for stating that. It clears up some of my concerns.
-
Based on your C and P exam, it is obvious the examiner has opined that you should be rated TDIU at 100%. It seems very solid to me, and, while I cant really see how the VA could deny you TDIU based on this, I do know they will likely, if they have not already, ask for a report sent back from your old employer. Hopefully, his version is consistent with the medical examiner. Remember, tho, the VA loves to deny those "no brainer cases" like this and make you appeal for 10 years. Ultimately, however, this critical evidence should win for you. You may even luck out and get TDIU the first go around with no appeals, as this evidence is strong, IMHO.
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 think you are going to get TDIU because you are already 80%. Do you get SSD? If you have proof that you are unemployable and with an 80% rating that does put you right in the TDIU ball park.
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.
-
That is good to know-did they send you the forms with your envelope that arrived ? or did You just send 21-686c info in on Your own ? and did they pay on the 2 You were awarded on up front along with % bump up or was that on hold also ? Thanks for Your information !!
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.
-
Don't start spending yet, sister, but it sounds like good news!
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
-
Think positive brother, you got it!!! hope you get a nice check.
Thanks Boomer for your positive wishes...By The Way, I would be more like a "sister"
. Not that it really matters. -
Good Luck
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.
-
Sounds like what Cooter said. I think I might write my local newspaper and tell them you lost your home while waiting for a VA rating.
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.
-
That's a copy of the letter that went to your Regional Office. It was given to you just for your records and requires no action. The VA will send you any request for information, if needed. If they do, please be sure to submit them in a timely manner. If you're not able to hand carry all your paperwork to your DAV rep than please be sure to make copies of everything and mail them certified.
-
It's a little rough to say the least to stretch that between myself my wife and a 7 month old rapidly growing baby boy especially considering my wife doesn't work. She's a full time college student.
Aww!
a 7 month old..now that should keep you preoccupied to say the least. He's going to be walking before you know it. I have 2 kids. Both boys. a 7yr old & 10 yr old. My anti-depressants kinda dull my emotions but when I'm asked about my kids I can tear up and become a soggy mess in a blink of a eye. Those lil' guys have been my life-line. I have a great husband too. He's been very patient with me and forgives a lot. He says it's easy for him to do that because I'm a loving & caring mom to our kids. When I do break down or lose my patience I make a very conscious effort to escape (somewhere within the house). Many times I have stood in the shower with the radio on and crying my eyes out. Sometimes several times in one day. My kids think I'm just a real clean person. Our pets have really been good for me too. I understand money's tight and with a baby this may not be an option for you...but I have a little Mini-Daschund (weenie dog) who has natural radar for when I really need to curl up. She'll lay in the crook of my neck and her warm body just relaxes me.You have so many mile stones to look forward to..your son walking, your son saying "Daddy"...(probably will be one of his 1st words because you are very important to him) your wife graduating. Anniversarys, birthdays, holidays...and don't feel guilty this coming Christmas if you can't afford gifts. Keep it simple. Write a letter to your wife about how you love her. Make a card with your son's hand print on it for her...us mom's LOVE that! Do a stocking for your son with just little things that he can unwrap (and stick in his mouth!)...
On my vehicle I have personalized plates. It says BREATHE..it's not just a reminder for the cars around me but it's a word that I repeat in my head 1,025 times a day on average...
Just a few things in my life that serve as my glue to keep the shattered pieces bonded.. This isn't that cheap Elmer's stuff either. I'm talking Super Glue that can can stick your fingers together if you're not careful.
. Not that it really matters.
Dependents Pay
in VA Disability Claims Research
Posted
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!)