ptsd Already Tdiu, Have Been Awarded Ssdi, Time To File For P&t?

[10thFO]

I'm worried about the VARO in the fact that the last couple of 'unprovoked' reviews of my case have kept my standing the same and have included the wording, that sense their is a "likelihood of improvement" that my case will continue to be reviewed or something of the such.

Here's the question. I was granted Service Connection over a year ago, for TDIU due to PTSD. The award date went back to 2004 since I had DRO'd it. Now I have been granted the SSDI with the help of my VA docs and after my 6 week stay for PTSD inpatient.

Is there anyway I can file now to get P&T? I really would like to be eligible for the Medicare as I need to get back surgery, but am not comfortable with the VA as everytime I go to the hospital in Richmond VA there is another Dr. there that is seeing me.

Since the rating went back to 2004 I'm over 3 years now at 80% with TDIU, and that doesn't include any newly elevated percentages for my back and legs. They just decided to give me the IU based upon PTSD. I didn't have the energy to fight it at the time but am interested now, as I know I would need to live for another 10 years in order for my son and wife to be truly safe. I'm worried about getting this through before the VA changes everything ratings wise. I'm 38 and know that they are dragging their feet on the P&T because of my age.

ANy pointers here for filing for the P&T would be appreciated. The last report I got was after the 6 week stay inpatient, and the VARO is contending that I may improve, even though the PTSD docs filled out my SSDI papers for my lawyer stating that I couldn't do anything and it wasn't going to get better.

Thanks in advance. I'll be offline for a couple days as I've borrowed this computer since my little modem box, finally bit the dust.

[calnight]

if the va did not have your ssdi when they gave you iu i would submit that along asking for p&t. your age should not be a factor I am 34 and got p&t for ptsd also they might not give you p&t becuase a doctor stated that there might be a inprovement in you case down the road. now that you have ssdi i would say there is a good chance the va will give you p&t. others on the board will give you better info on what steps you should take.

[john999]

Yes, I would file for P&T status. It is actually a new claim. If you have VA treatment records or private records that show no improvement in your condition that should be enough to get P&T. All they can do is drag you in for another exam and since you are IU there is not much they can do to reduce you as long as you are not working. I was denied Chapter 35 benefits when I was awarded IU. I appealed this via an NOD. When I was awarded the Chapter 35 that means P&T it went all the way back to the original claim date. The VA used a one year period of no improvement to grant P&T. My advice in the future is to appeal all denied benefits.