hypertension Yikes! So Has Me Parenoid

[winkjo]

Just did C & Ps for hearing + tininitis, bilateral neuropathy(feet), DM-II upgrade from 20% to ??? My Freedom of Info looks good for hearing + tininitis (any idea what % that draws?), hypertension & assoc heart disease as 2ndary to DM-II, and--at long last--PN also associated with diabetes. Currently rated total of 20%.

Now for the YIKES !!! with bit of background first:

- Finally located heavy combat stressors and filed w/PTSD crap thru my SO.

- Also filed solid Pes Planus claim (pes planus noted on my join-up physical) via my SO

- A Soc Sec law judge found fully for me as of Jan 2003 for "severe PTSD, chronic Depressive

Disorder, etc" (Berta, in all her good wisdom, suggested 4 months past that I file for TDIU, but I waited until I could locate and file solid stressors until now).

HERE'S THAT YIIIIIIKES!..when my SO and I filed the above hi-lited stuff, I wanted to also file for TDIU. BUT... my SO firmly advised that he SHOULD NOT file the TDIU along with the above because--if they deny it--I would likely have a hard time getting TDIU down the long road. I'm freaking over his attitude on this one, because I feel--especially at age 63-- that I am a strong candidate for TDIU...maybe even P & T !

Sure would like some discussion on this one, Veteran brothers & sisters --

Semper Fi

[Berta]

Tell me where to find this SO- he needs an Education in VA 101-

( or as the MArines used to say- he needs a 'thump call')

Did you file the formal TDIU form 21-8940?

Does the VA know that you get SSA solely for PTSD?

Do you have any rating at all for PTSD from the VA?

You present a severe SC disability picture- with the DMII and its complications as well as the PTSD-

Your SO could have cost you retro for TDIU with his advise-

It appears to me that the VA would award you at least one year prior to the receipt of the formal TDIU application-

question- when did you get the SSA award and did they pay you retro to January 2003?

[winkjo]

Berta

I think the fact that I have not been rated for PTSD by VA could be my SO's reason for suggesting that I not file for TDIU yet. He filed for PTSD and Pes Planus just a week ago.

3 months ago I sent an IRIS to my local VARO, PHX ARIZ, explaining that I wanted to file for

TDIU and--without telling me I needed to be rated first for PTSD--they just said send in any

docs I had. They didn't send me any "formal 21-8940". I take it when you say "formal", you

mean a form they send you with your name and VA File No on the form?

I got SSA award Feb 2005 with retro pay back to Jan 2003. If VARO does award TDIU or P & T, I would think they should go retro to SS retro date ( " " ). Think so?

My SS Law Judge awarded for not just "severe PTSD", but also Depressive Disorder, DM-II and

Osteo-arthritis. He did state that the severe PTSD is the rationale for why he ordered a

finding of disabled--not able to return to work in any capacity.

This question is for a Gulf War Vet with no computer: For PTSD Notice of Disagreement is it best to have a Decision Review Officer or Standard Appeals Process review my case?

I appreciate you getting back, Berta, and would enjoy any final comments....................Dave

Semper Fi

[Berta]

If the VA rates any vet at 70%- at that point they will determine if they should consider the vet for TDIU-and then send the 21-8940 TDIU form to the vet.

However any vet who believes their SC disability causes them to be unemployable should send the VA the TDIU form.

I would make sure the VA gets this form (as the date of their receipt of the form is the day they will pay retro too- and in some cases- if SSA is solely for SC they might go back a year more on the retro.)

You can attach your SSA award letter to the TDIU form and make sure they have a copy of this statement too:

"He did state that the severe PTSD is the rationale for why he ordered a

finding of disabled--not able to return to work in any capacity".

A vet recently sued a vet rep who had cost him some Retro- the rep had to pay him the amount he lost.

The VA never sent my husband a TDIU form but he filed one himself (30% PTSD) and then was awarded SSA for PTSD.

He was awarded 100% P & T SC for PTSD by the VA.

[Pete53]

Your SO is a dumbass.

[winkjo]

Could be! But would you share some rationale of your own re: the SO's statement that I should not file for TDIU until after the VARO rates me for PTSD? Mercy me, Ladies & Gents, I was 59, when the Judge found me disabled and said severe PTSD is the reason why I can't even sit on my

skinny butt at a job. I'm gonna be real pissed off if the VARO awards 100% one way or another and THEN says they will pay retro only back to date of file for TDIU !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

SO insists that I should NOT file for TDIU!!! I really wonder if the 800 number would be able to shed light or JUST pull my chain? tHANKS, dave

[jbasser]

I agree with Pete.

Service officers who constantly give out bogus information need to be removed from their positions. They are adding to the problem, not helping solve the problem. He has no right to tell you not to file a claim or to wait to file a claim. That is not his purpose. He is to assist you with the filing of a claim. To take the claim and submit it, also to follow up as it flows through the VA and to notify you of a decision when one is made.

If I were you I would tell the service officer to explain exactly what he meant when he told you that.

Tape him and take it from there. I would love to hear his reasoning. It really hits a nerve with me when Service officers do this crap. I have Been known to help vets and confront these Morons.

Bottom line is this, Dump this chump tommorrow and find someone else. You will be better off.

J

Edited November 5, 2007 by jbasser