ptsd They Reduced Me Anyways!

[souldeliverer]

After my hard work in compiling evidence, the VA reduced my PTSD from 100% to 70%. If that wasn't enough, they also proposed to reduce my migraines from 30% to 10%!!! What is really going on at my RO? What should I do from here on out? Could this be age discrimination? Have I unwittingly made an enemy within the RO?

I am faxing and mailing my TDIU form tomorrow, and submitting a hearing request for the migraine reduction. Also, they are leaving my back comp at 10%, which I believe should be at least 30% for all the dang narcotics they have me on.

Can I submit an NOD for the PTSD reduction while simultaneously filing for TDIU???

Please look up my other posts for background info, or I can look them up if need be. I really need help with this one. I am getting jacked.

Please see: Had My Hearing For Ptsd Proposal To Reduce

Thank you all.

Edited June 13, 2008 by souldeliverer

[Wings]

Wings,

You are a God-send! I don't know how I can ever repay you for your help and hard work. Can I just submit to the VA the FACTS IN EVIDENCE TO SUPPORT CLAIM FOR TDIU that you sent? This seems to sum up most of the issue at hand.

I have not recieved a transcript of the official hearing yet. How do I know they even read my rebuttal and cover letter? Should I have insisted upon reading it in it's entirety at the hearing, so it would be documented in the transcript? What is the next step? I have already mailed my NOD and TDIU form. Do I now submit this letter you wrote for me? Do I go to another hearing?

Thank you so much!!!

1) That Rebuttal you sent in that 60 days tolling period can not be considered a NOD because it was "premature". That Rebuttal was considered new evidence so the issue was re-adjudicated.

2) What was the text of your NOD?

Your NOD will trigger a SSOC, a Supplimental Statement of the Case --concerning the Issue of 100% PTSD. You still have time to submit additional evidence, and may do so until a new decision had been made!

3) More than likely that Claim for TDIU will be considered a new claim! By law, they would have to severe your 100% Schedular in order to authoorize 70% with TDIU. You can not have both ratings at the same time!

4) Whenever possible, get a clear statement from a vocational counselor or medical authority --that "as likely as not", veterans' PTSD precludes gainful employment at this time. If you do not submit this statement, the VA will have to re-examine you with one of their C&P Examiners.

3) Don't send the "Facts In Evidence" until you have cleaned it up! Let's do a re-edit, right here on this forum; and all members can contribute, and say yay or nay. I take no credit, nor blame for any errors! It's your claim! ~~Wings

[Wings]

38 CFR 3.2600 Review of benefit claims decisions.

(a) A claimant who has filed a timely Notice of Disagreement with a decision of an agency of original jurisdiction on a benefit claim has a right to a review of that decision under this section.

The review will be conducted by a Veterans Service Center Manager or Decision Review Officer, at VA's discretion. An individual who did not participate in the decision being reviewed will conduct this review. Only a decision that has not yet become final (by appellate decision or failure to timely appeal) may be reviewed. Review under this section will encompass only decisions with which the claimant has expressed disagreement in the Notice of Disagreement. The reviewer will consider all evidence of record and applicable law, and will give no deference to the decision being reviewed.

(b) Unless the claimant has requested review under this section with his or her Notice of Disagreement, VA will, upon receipt of the Notice of Disagreement, notify the claimant in writing of his or her right to a review under this section.

To obtain such a review, the claimant must request it not later than 60 days after the date VA mails the notice. This 60-day time limit may not be extended. If the claimant fails to request review under this section not later than 60 days after the date VA mails the notice, VA will proceed with the traditional appellate process by issuing a Statement of the Case. A claimant may not have more than one review under this section of the same decision.

© The reviewer may conduct whatever development he or she considers necessary to resolve any disagreements in the Notice of Disagreement, consistent with applicable law. This may include an attempt to obtain additional evidence or the holding of an informal conference with the claimant. Upon the request of the claimant, the reviewer will conduct a hearing under §3.103©.

(d) The reviewer may grant a benefit sought in the claim notwithstanding §3.105(b), but, except as provided in paragraph (e) of this section, may not revise the decision in a manner that is less advantageous to the claimant than the decision under review. A review decision made under this section will include a summary of the evidence, a citation to pertinent laws, a discussion of how those laws affect the decision, and a summary of the reasons for the decision.

(e) Notwithstanding any other provisions of this section, the reviewer may reverse or revise (even if disadvantageous to the claimant) prior decisions of an agency of original jurisdiction (including the decision being reviewed or any prior decision that has become final due to failure to timely appeal) on the grounds of clear and unmistakable error (see §3.105(a)).

(f) Review under this section does not limit the appeal rights of a claimant. Unless a claimant withdraws his or her Notice of Disagreement as a result of this review process, VA will proceed with the traditional appellate process by issuing a Statement of the Case.

(g) This section applies to all claims in which a Notice of Disagreement is filed on or after June 1, 2001. (Authority: 38 U.S.C. 5109A and 7105(d))

[66 FR 21874, May 2, 2001, as amended at 67 FR 46868, July 17, 2002]

[souldeliverer]

Here is the NOD I sent the VA

Notice of Disagreement

This is a notice of disagreement (NOD) to the VA letter dated June 11, 2008. I disagree with all the adjudicative determinations mentioned in the above referenced VA letter and any enclosure thereto, except for those, if any, that I specifically state here that I do not want to appeal. Therefore, my notice of disagreement specifically covers all the determinations made by the regional office unless specifically excluded. I also disagree with the RO’s failure to adjudicate issues and claims it was required to adjudicate. I am specifically referring to issues that I may not have discussed but which were reasonably raised by the evidence in my VA claims file or in the VA’s possession that should have been inferred by the regional office. I request a local hearing, and I am hereby formally requesting a “de novo” review by a Decision Review Officer. My condition has not improved. If this appeal is not resolved favorably, please send me a Statement of the Case so that I may appeal this decision to the Board of Veterans’ Appeals.

What should I send next???

[souldeliverer]

This is the cover letter I submitted at my hearing on May 1, 2008. Do I need to resubmit this information??? They never addressed any of this in the letter they sent me denying me, and saying they are going to go ahead with their proposal to reduce. Will this information ever be reconsidered, or am I battling their most recent letter?

COVER LETTER

The following is a listing of all the evidence being presented in the case for Me. This evidence is proof that my condition has not improved; therefore it is unlawful for my compensation level for Post Traumatic Stress Disorder to be reduced from 100 percent disabling. I will also provide concrete medical evidence that my condition should be considered permanently and totally disabling.

Evidence

EXHIBIT A:

A1: SOC dated March 26, 2008; proposal to reduce

A2: NOD dated April 02, 2008

A3: SOC dated December 01, 2006; award for 100 percent compensation

EXHIBIT B:

B: My rebuttal of Exhibit A1, citing a plethora of medical evidence as well as VA rules and regulations proving my condition has not improved

EXHIBIT C: Medical evidence from January 17, 2007 to April 15, 2008

C1: Progress Note by Dr. _____, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated January 17, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note points out my nightmares, rage, flashbacks, panic attacks and homicidal thoughts.

C2: Progress Note by Dr. ______, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated February 26, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note highlights my self-isolation, inability to work, panic attacks, increased startle reflex, and auditory hallucinations.

C3: Progress Note by Dr. _______, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated March 15, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note talks about my auditory hallucinations, where I hear a woman talking to me and sometimes screaming. Dr. ___ also states that I am unable to work due to increased anxiety and poor frustration tolerance.

C4: Progress Note by Dr. _____, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated May 22, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note states that I am explosive and easily provoked, fantasize about killing people, and have violent dreams.

C5: Progress Note by Dr. ____, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated July 24, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note states that I have panic attacks due to combat related triggers, nightmares, flashbacks from loud noises, irritability, poor frustration tolerance, anger problems, a strained marriage due to my PTSD symptoms, feelings of worthlessness, and fear of the future.

C6: Progress Note by _____LCSW, VAMC Nashville, PTSD clinic dated September 14, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note talks about my dissociative episodes which is grossly impaired thought process, intrusive thoughts of combat, anxiety, social avoidance, numbness, depression, sleeping problems, and difficulty creating and maintaining interpersonal relationships. It also mentions how since returning from Iraq, I am unable to express emotion, which negatively impacts my marriage, as well as homicidal and suicidal thoughts, physically assaultive behavior, and auditory and visual hallucinations. Dr ___ Ph.D. then added an addendum to this note giving the results of some phych testing, stating I suffer from chronic and severe PTSD.

C7: Progress Note by ________, Nurse Practitioner, VAMC Nashville, PTSD clinic dated September 14, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note discusses my previous suicide attempt, my suicidal thoughts and plan, and mentions my flashbacks, panic attacks, and intrusive thoughts.

C8: Progress Note by Dr. _____, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated September 28, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note mentions my increase in anger and rage, as well as panic attacks.

C9: Progress Note by Dr. _____, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated October 01, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note shows the severity of my symptoms as Dr. _____ has resorted to offering ECT treatments to help.

C10: Progress Note by _____ LCSW, VAMC Nashville, PTSD clinic dated October 19, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note talks about my heightened anxiety in public settings, my night terrors and flashbacks, and my inability to feel and express emotions.

C11: Progress Note by _____, LCSW, VAMC Nashville, PTSD clinic dated October 22, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note states that I have grown tired of hallucinations, dissociations, and guilty feelings about the war. A day doesn't go by that I don't think about these memories.

C12: Progress Note by Dr. ______, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated October 24, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note describes one of my dissociative episodes, where I blacked out while driving in Nashville and was stopped by a police officer, and again mentions my persistent auditory hallucinations.

C13: Progress Note by Dr. _____Ph.D., Clinical Psychologist, VAMC Nashville dated November 07, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note states that after the 6 week inpatient PTSD program in Nashville, my depression has increased, and my PTSD remaines unchanged. It also mentions my suicidal thoughts.

C14: Progress Note by Dr. ______, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated November 30, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note talks about my strained marriage, and my anger outbursts.

C15: Progress Note by Dr. _____MD, PCP, VAMC Nashville, Firm A dated December 03, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note is about one of my persistent dissociative episodes.

C16: Progress Note by _____, LCSW, VAMC Nashville, PTSD clinic dated December 04, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note describes one of my dissociative episodes, where I blacked out while driving after a man on I-24 to kill him,

C17: Progress Note by _____, Psychology Intern, VAMC Nashville dated December 12, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note discusses my strained marriage due to my PTSD symptoms, my depression, panic attacks related to identifiable triggers related to my trauma, my prior suicide attempt, and my suicidal thoughts. The author of this note also links my depression to my "severe PTSD."

C18: Progress Note by Dr. ______, Ph.D. LCSW, Team Leader, Nashville Vet Center dated March 25, 2008. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note talks about my emotional numbness, and hopelessness. It also says I am very unstable and I have a moderate to high risk for self-harm.

C19: Progress Note by Dr. _____, Ph.D. LCSW, Team Leader, Nashville Vet Center dated April 01, 2008. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note again discusses my persistent hallucinations and delusions as well as my paranoia. My thinking and judgment are impaired.

C20: Progress Note by Dr. _____ MD, PCP, VAMC Nashville, Firm A dated April 07, 2008. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note mentions my frequent flashbacks, panic attacks, nightmares, and Dr. ___ wrote that he is "concerned my PTSD may be getting worse."

C21: Progress Note by _____, LCSW, VAMC Nashville, PTSD clinic dated April 07, 2008. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note mentions my predominant emotions of fear, anxiety and numbness. My flashbacks of children being killed have increased since having a baby, and goes into detail on some of my delusions, hallucinations, and suicidal thoughts.

C22: Progress Note by Dr. _____, Ph.D. LCSW, Team Leader, Nashville Vet Center dated April 09, 2008. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note talks about my constant marital conflict since my return from Iraq, mentions how I ended up in restraints and seclusion last time I was an inpatient in Nashville, my paranoia and delusions, my hallucinations, and suicidal thoughts. The author stated I have a "very high level of risk," and that I "refuses to credibly contract for safety," and am displaying intermittent psychotic thinking.

C23: Progress Note by _____, LCSW, VAMC Nashville, PTSD clinic dated April 15, 2008. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note again talks about my persistent delusions and hallucinations, intrusive war zone memories, guilt, and the prospect of my wife leaving again.

C24: Progress Note by Dr. _____, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated April 15, 2008. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note discusses my "paranoid ideations," my panic attacks, and mood swings and the author stated I "endorses poor executive functioning, and decision making."

C25: C&P examination by Dr. ____ PsyD., Clinical Psychologist, VAMC Nashville, dated November 16, 2007. I have highlighted medical evidence proving my inability to adjust to social and occupational settings due to gross impairment in thought process and communication; persistent delusions and hallucinations; grossly inappropriate behavior; persistent danger of hurting myself and others; and intermittent inability to perform activities of daily living(including maintenance of minimal personal hygiene). This note describes a strained marriage, lack of social support, history of suicide attempt, history of violence, sleep impairment, panic attacks, suicidal and homicidal thoughts, poor impulse control, inability to maintain personal hygiene, severly impaired memory, flashbacks, and dissociative episodes.

EXHIBIT D: Letters in support of claim by medical professionals

D1: Letter from Dr. _____, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated November 01, 2006. This letter address my inability to work and states, "His symptoms of PTSD, which are directly combat related, are of a degree of severity high enough to have impacted major areas of life functioning."

D2: Letter from Dr. _____, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated August 20, 2007. This letter talks about some of my symptoms which ended my career, and states the "condition is considered chronic and long-term."

D3: Letter from Dr. _____, VAMC Nashville, Staff Psychiatrist, PTSD clinic dated April 17, 2008. This letter also mentions some of my persistent symptoms, and states, "given his current symptoms, it is unlikely that he will be able to maintain productive employment on an ongoing basis."

D4: Letter from by Dr. _____, Ph.D. LCSW, Team Leader, Nashville Vet Center dated April 11, 2008. This letter describes my symptoms in detail, and the author wrote, "It is this provider's opinion that the severity of veterans symptoms falls in the highest 2-5% of the clients seen in the Vet Center. He does not appear at this time to be capable of functioning in any work environment due to the disorganizing effects of his illness."

EXHIBIT E: Social Security Disability Award letter.

EXHIBIT F: Federal Employees Retirement System disability retirement award.

EXHIBIT G: Lay statement from my wife stating my condition has not improved.

Considering all the above evidence, I believe it is quite obvious that my condition has not improved, and I still meet the criteria for 100 percent compensation for post traumatic stress disorder. I also feel I have provided enough evidence to make that 100 percent rating permanent and total, as I previously requested.

Edited June 20, 2008 by souldeliverer

[Wings]

x

x

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Soulman, I have about 5 min. this morning to write . . . Your NOD is great, just keep sending Ammendments to your NOD. Use some of the information here to formulate additional eviidence. What I really think would help the most is to have a short and sweet note from a medical doctor, with nothing else attached, that the severity of your PTSD precludes gainful employement at this time. Period.

Thoughts spoken out loud . . . . You are 27 y/o, the VA does not want to retire you at such a young age. You would be better off with that 100% "TDIU" rating, so you can at least try to work --under certain, protected environments or circumstances. You would be further protected from rating reductions unless you become "gainfully employed" for a period of 12 months. So, there would be some incentive to struggle towards re-training under Voc Rehab, working in sheltered environments, at home, etc.

There's a lot of information in this thread!! It's all there, and I just know the good vets here at Hadit will help you put it in order. Your Rebuttal was excellent, everything you have submitted to the RO is right on target, so why are they doing this to you???

They rated you 100% "temporary". And, they were looking for a target, and you gave them a little ammo to use against you. Now you know the enemy.

They really did a shitty job trying to take away that temporary 100%; their arguments are full of holes, like their heads! Make your best arguments on that bad decision of theirs--all the way to the court if you have to, --or tell them you will withdraw that Appeal if they award you 100% TDIU. You will see you have options as your progress and perfect your claim.

You asked for "DRO" review and they gotta grant that. Ask for a hearing before the DRO, it will be informal and you can go in with additional evidence.

If I were you (they retired me at 39 y/o), I would really gear myself towards that TDIU rating. It protects you from random crap decisions; the only re-examinations are going to happen under 100% TDIU are when you get employed full-time; and with TDIU, there's a little incentive to try to work, all your benefits are the same, etc.

Ask one of the vets to provide the Roberson vs Principi case.

You have all your ducks in a row. Line them up for TDIU. That's my 2 cents. I gotta go, will be AWOL 2 weeks. Hang in there! Never give up!!

P.S. ONE MORE THING, CITE YOUR COMBAT SERVICE; and if you got 'em, awards and decorations. They do like to see your combat service accomplishments, just point to your DD-214. I have read a case recently, where that Vietnam combat veteran went AWOL for roughly 3 years, was incarcerated, etc, but when they caught up with him, they noted the wounds in his neck from a machete, wounds in his back from bullets, and PTSD out the wazoo. They said in that rating decision, that man was meritorious, and valuable to the country. He defended us with his life.

You did the same for us Soulbrother, and we thank you. Please continue to tell them you are a Combat Veteran from that hellhole, sandpit called Iraq. We brothers and sisters, are glad to have you home. ~~Wings, over.

Edited June 20, 2008 by Wings

[Josephine]

United States Court of Appeals for the Federal Circuit

00-7009

HOWARD F. ROBERSON, Claimant-Appellant,

v.

ANTHONY J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

DECIDED: May 29, 2001

In March of 1989, 38 C.F.R. § 4.16 was amended to add subsection ©, stating: “in cases in which the only compensable service-connected disability is a mental disorder assigned a seventy percent evaluation, and such mental disorder precludes a veteran from securing or following a substantially gainful occupation . . . the mental disorder shall be assigned a 100 percent evaluation under the appropriate diagnostic code.”

"Once a veteran submits evidence of a medical disability and makes a claim for the highest rating possible, and additionally submits evidence of un-employability, the “identify the benefit sought” requirement of 38 C.F.R. § 3.155(a) is met and the VA must consider TDIU. The VA must consider TDIU because, in order to develop a claim “to its optimum” as mandated by Hodge, the VA must determine all potential claims raised by the evidence, applying all relevant laws and regulations, regardless of whether the claim is specifically labeled as a claim for TDIU.

I used this one myself,

Betty