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Ptsd And Ssdi


mrsvet28

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:rolleyes: My husband is on SSDI, for PTSD - THE VA ADMITS PTSD- HAS VERIFIED STRESSOR-BUDDY STMNT.- HE IS ON NSC PENSION BECAUSE OF PTSD AND HE CAN'T WORK-AND YET THEY STILL HAVE IT ON THE DRO'S DESK- WHAT ELSE DO THEY NEED- AND WHY DID IT THEY WAIT TILL JULY 07' TO DO A 2 ND C AND P EXAM --WHEN IT HAS BEEN OPENED SINCE 1998, AND WE DID VA 9 IN 05--HAVE BEEN EVEN WAITINF FOR A DRO HEARING FOR 4 YEARS--ANYONE ELSE/THANKS FOR INPUT :blink:
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  • HadIt.com Elder

MrsVet:

The VA wants a C&P under one year. Sometimes you just have to jump through the hoops. It is not fair but that is the only way you can settle this.

Looks to me like you have a solid claim. Good Luck

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Did he make formal application for TDIU?

Does he have a service officer or vet rep helping him?

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  • HadIt.com Elder

If your husband has a NSC pension for PTSD that is proof he cannot work. If the VA decides the PTSD is service connected then I think his TDIU should go back to the date his NSC pension was approved since it is for the same condition. Does this not make sense? If the VA approved a NSC pension for PTSD where did the VA suppose the PTSD came from if not from military service? This is sort of like getting a NSC pension for having lost a leg in Vietnam. It does not make sense that it should be NSC. Did the VA dispute the PTSD diagnosis or claim his mental problems were from something besides military service?

If he got a new C&P exam then you should be hearing pretty soon. Did you get a copy of the C&P exam and if so what was the conclusion? If the C&P says chronic, severe PTSD then chances are he gets either TDIU or 100%.

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Thanks for your replies :blink: -In May 07- we were sent an important reply needed letter- it said the stressors had been verified(they were submitted before the SSOC came but were overlooked I guess) and a CP exam scheduled--they enclosed form 21-8940 and was included "what evidence must show"-along with the VCAA notice response(which I also submitted in April twice) the SSOC said the SS records did not provide evidence of a verifiable stressor-it said although SS was granted for PTSD they are unable to establish IU because you aren't , service-connected / but the 04' decision-granted NSC PENSION for disasbilities, including benign prostatic hypertrophy and hypertension which prevent working- the C&P exam was favorable, except that he lhas loving feelings for me and our grown children- for all 4 GAFS over the 4 years -- SS FOUND 40- PRIVATE 35- VA 45- VA 50, the DAV is no help- we have gone to Congressional, but they are very confused- now we our seeing a lawyer- but I understand they need to file a NOD as of JULY 07' to be compensated-- but I do believe that will Hold it up further--we filed the NOD BACK IN 04'-i HAVE WORKED THIS BASICALLY ALONE - FOR 9 YEARS SINCE 1998- AND HAVE EVERY INCH OF THE 50,000 PIECES OF PAPER!! ANY SUGGESTIONS?? THANK YOU ALL :o ps when he came back from Nam 2 months his doc. prescribed lithium for anxiety- is this anything relevant??

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FORGOT - THE LETTER SAYS YOU SEEM TO ONLY BE FOCUSING ON PTSD AND IU-- ARE U WITHDRAWING THE OTHER ISSUES UNDER APPEAL? WE DIDN'T BECAUSE THEY HAVE ALREADY DENIED THEM- AND DIDN'T WANT ANOTHER PAPER CHASE

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"ps when he came back from Nam 2 months his doc. prescribed lithium for anxiety- is this anything relevant"

Those treatment records could certainly help-

It seems to me that they should be working on the TDIU form.

The evidence in my opinion- clearly indicates he should be awarded for TDIU-for PTSD.If his SSA is solely for PTSD -whether SSA had a proven stressor or not- and since his stressor was verified.

What did SSA actually attribute his PTSD to? That might be the problem here.

Make sure you get a copy of the results of the next C & P exam.Do I understand this right- he has been set for another C & P?

I am a little confused -they sent a VCAA letter saying his stressors were veified but then he got SSOC saying they were not?

Edited by Berta
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Found out today that after submitting the IU FORM TWO WEEKS AGO- THEY CONSIDER THAT A NEW SEPERATE CLAIM??NEVER IN 9 YEARS HAVE THEY EVER SENT THAT FORM-We have had the c-file on the DROS desk for years waiting for a hearing, or a decision- now the insider to Congressional told them that the file is no longer with the DRO- since now they are working on the IU, it will be put in limbo, that they have to do the IU first and disregard the Appeal for now ??? HOW CAN YOU HAVE AN APPEAL ON FILE SINCE 05, and now the IU COMES FIRST/??????????????????????????????????????

WHAT IS THAT ABOUT? :o ( :blink: and the stressors should have been verified when they were submitted with the private psych. diagnosis, during the SOC- (the SSOC came the week before they said they verified his stressors)then came the second VCAA notice with the IU form--now we just want the hearing we are waiting for--Thanks for replies

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Hi All ,

I was told this week that the IU FORM GETS SENT TO THE LAST EMPLOYERS TO FILL OUT AND MAIL BACK AND THEY HAVE 60 DAYS TO REPLY TO THE VA-- WHY DO THEY NEED THIS INFO- IF MY HUSBAND IS GETTING NSC PENSION FROM THEM- THEY HAVE THE SAME INFO NOW AS THEN- <_< AND WHY DID THEY WAIT FOR 3 YEARS AFTER HIS NSC TO SEND THE IU FORM- WHEN THE CLAIM HAS BEEN OPEN SINCE 98?

BEEN CALLING EVRY OTHER DAY- TRYING TO GET A DRO HEARING-BEEN ON THE LIST SINCE 03', BEFORE THE SOC- AND THE SSOC CAME- WENT TO SENATORS OFFICE FOR INQUIRY TODAY- FILLED OUT FORMS-CONGRESS OFFICE DIDN'T DO MUCH BUT GET THE CLAIM PULLED OFF THE DROS DESK :rolleyes: - WHERE IT BEEN FOR A FEW YEARS NOW--THEY INSISTED WE APPLIED FOR IU- AND I TOLD THE LIPSERVICER ON THE PHONE THAT THEY SENT IT TO BE INCLUDED W/ EVIDENCE MUST SHOW--VCAA NOTICE-WHAT HAPPENED TO "I HAVE NO FURTHER EVIDENCE PLEASE DECIDE MY CLAIM AS SOON AS POSSIBLE "AND THE 60 DAY RESPONSE???

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"AND WHY DID THEY WAIT FOR 3 YEARS AFTER HIS NSC TO SEND THE IU FORM- WHEN THE CLAIM HAS BEEN OPEN SINCE 98?"

It looks as though -since his stressors were verified- the VA was obligated at that point to send the TDIU form-

This is why I attach the 21-8940 TDIU form here to many posts-

Usually one a SC rating of 70% will trigger the VA to send it to the vet-

yet a vet can send it in anytime at all- if they feel they should be considered for TDIU.

I am contacting NVLSP as I do not see anywhere in the VBM-that tells a vet they can do this-more and more these days I see where a vet should be eligible for TDIU but they dont get consideration by VA unless they are 70% SC or something like your situation triggers them to send the TDIU form.

And the VA sure wont tell anyone that - nor any vet rep I know-

This can cause a veteran to lose considerable retro.

I agree with John- totally- here

You could possibly appeal a favorable TDIU award-(they should give him a year retro to the filing date if his SSA is for same SC condition)-

by asking them to reconsider that his NSC and SSA was based on the same SC condition and ask for more retro -as John said- I agree with him completely-

I assume VA has been fully aware of his SSA award for some time now?

And the SSA is solely for PTSD?

Edited by Berta
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mrsvet28,I am sorry about how things have been going for you and your husband.Although IU is a seperate claim and more than likely IU becomes moot if your husband is ungainful employable because of his post-traumatic stress disorder(PTSD).Just to make this simple.If he been diagnose with PTSD and have a vertify in-service stresssor and can't work because of PTSD va is suppose to go ahead and rate him 100% service connection.

Vietnam veteran

100% PTSD

Vietnam vet

Edited by mobie16r
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Thanks for replies-

The VA says he has been diagnosed with PTSD (by more than one ) but denied for verifable stressor- which they had in their file- (sent for MY COPY OF c-file it was there 51 days before- have certified receipts and faxes ) they sent the SSOC -DENYING FOR THE STRESSOR- THAT WAS OVER 3 YEARS AGO--NOW THEY ARE DOING THE IU THING--AND WHY DO THEY MAIL IT TO YOUR FORMER EMPLOYERS- TO FILL OUT WHAT?? IF HE IS ALREADY GETTING A NSC PENSION-/3 YEARS AGO THEY ADMITTED PTSD AND HAD HIS VERIFIABLE STRESSOR-- COULD THAT BE A CUE???? :rolleyes: AND TO ANSWER BERTA THE SS IS ONLY FOR PTSD--BUT THE VA SAID IN THE SSOC - HE DIDN'T PROVIDE THE SS WITHA VERIFIABLE STRESSOR-AND ALL THE WHILE IT WAS IN HIS C FILE WITH THE VA! <_<

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:rolleyes: Hi All-

Been busy with the holidays coming-- Now for the latest-- made a call to the Philly office- was told that they are showing my husband is rated 60% and they are waiting for the IU form to be returned from former employers-- why do they need this- if they already have the info from the NSC pension? still haven't gotten our 04 DRo hearing- do we need it? or are they just talking bs again?? how does one person read something in the computer and the others don't have anything-been going since 98 with this- :blink: thanks for replies!

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  • HadIt.com Elder

MrsVet:

It means that he will probably get 100% TDIU after his work history is confirmed by employer. You should be happy. Good Luck

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:P pete,

Thanks for the input- we are alittle confused as to who they mailed the iu employer forms to, as they only had a general address, and one company no longer exists( it was construction-)-they other former employer said they never got anything yet--and the RO said they sent it out 4 weeks ago- am I to understand they question if his PTSD caused him to leave , he was laid off , how does that work/and had his diagnosis a year later-but they gave him NSC pension afterwards --(we didnt know about it at the time )and they gave him NSC pension after SS and others diagnosed PTSD-is this going to be another llong delayw/ the paper chase game -- the former employers have 60 days to reply, they said --then 90 days or then another second letter for 60 days etc... :blink:

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  • HadIt.com Elder

It just makes sense that if they determine that PTSD was service connected that the IU should start from the date the NSC pension for PTSD started. The VA had SSA records and proof he could not work. What they should do if there is any justice is to give you the difference between the NSC pension and IU for the years since he was granted the NSC pension for PTSD. When the VA has information that a vet is unable to work due to SC condition this creates an inferred claim for IU. Like Berta says, the VA does not often tell you this or act on it unless you are rated 70% SC. They pretend that extra-schedular does not exist. I have been told that the VA won't make an inferred claim for IU unless the vet meets the schedular percentage, but their own regs contradict this. I read this right out of the VBM. It seems the VA made an error in granting NSC for SC condition. Maybe the VA has some backdoor way of getting out of the earlier effective date, but it defies logic.

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i've been wrong before..however it is my understanding?? that when considering a claim for IU.... non-service connection pension already being paid for ptsd,depression,bilateral knees,djd back,whatever.. cannot be cosidered whatsoever in determining service connection for IU......age,for example, can be used in determining NSC pension, however it can not be used for IU eligibility..the rater is instructed to not consider nsc injuries/disabilities awarded for nsc pension..regards, williamnthe VA should have maybe suggested back in the day, there was a possible SC for ptsd, if it was in front of them..but they look the other way,always!!

Edited by williamn
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John- you summed this all up very well- I agree the NSC date should be the TDIU date-

but the verified stressor- was it verified through JSCURR yet?

or has the VA accepted the buddy statement as fact that is consistent with the time and place of stressor and his MOS?

It seems kind of ridiculous that the VA would try to confirm he is unemployed as they do have the SSA records -or are aware of that award-

right?

"AND TO ANSWER BERTA THE SS IS ONLY FOR PTSD--BUT THE VA SAID IN THE SSOC - HE DIDN'T PROVIDE THE SS WITHA VERIFIABLE STRESSOR-AND ALL THE WHILE IT WAS IN HIS C FILE WITH THE VA"

"Only for PTSD" is good enough for TDIU award with proof of the stressors.

What has the VA said about the stressor being verified?

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Happy Holidays to all,

Heres our latest update: as far as the IU forms being mailed out, they said they mailed them in August- contacted one of my husbands past employers, they never got it- then I called the 800 and spoke to a lclerk and informed them they possibly never mailed it- she said they would mail it again, so I suggested a copy of the w2's from the last year my hub worked and we would mail them ,certified of course- then went the second time to the Senators office --they sent a second letter as well with those copies- with no reply in 2 months from the VA, for the first letter- the SS records are in the cfile- which says he can't work, his nsc pension is because he can't work, so after a call to the 800 again, they said it looked like they were getting ready to rate him??--this has been going on since 98'- if they never mailed out the IU to the former employers-and they never received them- how is this possible when it states in "what evidence must show" IU form :blink: ???? Is this their other 60 day response for the IU , because it should say, "if we don't mail it in 60 days then we'll mail it in 60 more days"!!!!!!!!!! :angry:

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  • HadIt.com Elder

MrsVet:

Sorry but maybe you should hand carry the forms to the employer or send them yourself so that you know for sure?

Copies of Social Security that shows little or no pay should also work.

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if i could chime in here...if possible hand deliver them yourself to your employer.tell them what you need, have them stamp it or enclose company letterhead..then bring too the Regional Office..i know there was mention of the RO not accepting them directly from you..because someone forged them one time..i assure you that was an isolated incident..[FRAUD]..i hand delivered mine to the RO St. Petersburg, Fla. had them stamped, copied, and had the young lady place them in the Triage Tray and followed up with a phone call to the RO 12 days later and they had receipt of them..i also had included a copy of my SS Earnings Statement.. best to you, william n

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