ptsd Ptsd And Ssdi

[mrsvet28]

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

[Pete53]

MrsVet:

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

[mrsvet28]

: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...

[john999]

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.

[william n]

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 December 7, 2007 by williamn

[Berta]

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?

[mrsvet28]

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 ???? 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"!!!!!!!!!!