ptsd Tdiu

[olenavygoat]

I'm currently rated at 80% mostly due to the help by this site and sixthsense.

My ratings are;

30% PTSD with major depression

30% Max sinusitis

10% right knee (0% left knee)

10% Tinnitus

10% C-spine

10% Lumbar % T-spine

10% TMD/TMJ (Bi-lateral)

0% headaches

Presently extraschedular requirements for TDIU dictate at least a 40% rating among one of your ratings. USC Title 38, Chapter 1, Part 4, subpara's 4.15 and 4.8 goes on to read that there may be some room to negotiate 100% TDIU by extraschedular if there are substantial issues with "one single major body system".

I went from working a desk job ($27,000) that was getting to me mentally assisting other veterans with their issues to a job as a inventory manager which I failed at and was demoted to a shipper position (from $35,000 to $10 an hour). Unfortunately being employed, no matter the issues I have, the VA deems me employable. Naturally if I don't work my bills go unpaid, if I stop working I starve to death and lose everything I worked for over the past 30 some odd years!

I've gone from a position that made my mental issues worse to one that now aggravates my physical issues, which in turn, I lose sleep and never feel rested. Even using the IFC the VA issued for deep tissue pain relief, it's only temporary.

If anyone has a recommendation or a case reference that has been successful in obtaining TDIU I would love to receive same.

Thank you in advance for your time and indulgence.

[Philip Rogers]

See 4.16 (b.) which reads "It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue."

pr

Edited December 10, 2007 by Philip Rogers

[danang_1969]

Phillip, that is an excellent point. This item should be clarified and posted on Hadit home page. As I understand the regulation, 60 percent for 1 disability or a total of 70 percent with 1 disability at 40 percent.

Then the reg goes on to say that ratings of the same bodily system will be considered combined. A Vet who is Service connected at 30 percent for Heart disease and has a separate 10 percent rating for Hypertension would satisfy the 40 percent rule.

This rule explains to me why I was rated at 30% PTSD and my hearing loss condition denied, which would have gave me 10% more and eligle for TDUI. I have a requested reconsideration on percentage for moderate to severe 45 GAF PTSD and also on requested TDUI, with the correct VA form and on that form I gave my employment history which was 50-75 different employers in a 40 year period and submitted a disciplinary write-up for evidence, from my last job, for running my mouth, condescending comments they called it. I have not worked in 4 years now and my hearing loss which was shot down although convincing evidence IMO submitted and not all considered due to the we did not get tactic, also 2 buddies letters and a IMO that directly opposes the VA's exam opinion. Who is going to hire a hearing impared 60 year old with PTSD that has my lengthy employment record and other conditions? The VA says that they don't see my PTSD preludes me from employment. I say hogwash.

Danang_1969

[Philip Rogers]

The point is you can be rated 10% and if your SC condition keeps you from working, they must rate you TDIU. I've helped 3 vets with less than the 4.16(a) requirements and they were awarded TDIU, when we requested an extraschedular rating. In all 3 cases the VA increased their SC ratings to meet the 4.16(a) requirements rather than award an extraschedular rating. Anyone receiving 30% for PTSD should appeal that rating or request an increase. A PTSD rating is probably the easiest to get increased. jmo

pr

[Pete53]

Philip is right. I hate it when someone tells a Vet that there rating is not high enough and the Veteran can't work. Sometimes or maybe to often the Vet gives up.

[john999]

Phil

From what I read when the vet is unable to work due to a SC condition it is an inferred claim for IU. It could be the basis of a CUE. The VA is supposed to adjudicate it as a IU claim. They never do it on their own.

[Philip Rogers]

John999 - you're right, if it's in the claim that the vet can't work then it's an inferred claim and the VA must adjudicate it and explain why it's denied in the reasons and bases.

pr