ptsd Can I Cue This?

[Shark]

I was awarded 50% for PTSD (was already 50% for AO stuff) total 80% and applied for TDIU and was denied. I just received a copy of my C file and noticed that my 50% on PTSD was set for a follow up on 7/2010 which is the date my Psychiatrist put on a form for California disability which asked for the earliest possible return to work date. So, the VARO had that form when they granted my 50% on PTSD, shouldn't they have also taken that same info to grant me TDIU until at least 07/2010? Is this something that I can CUE?

[Berta]

I couldnt attach a tiff file

Change 113

Rescission: Changes 106 and 108.

3.09 ISSUE

a. General. Clearly state all issues of entitlement identified by the claimant, or those which can be reasonably inferred from the facts or circumstances of the claim. If there is more than one issue, list the issues by number. In RBA, the issues appear under the identifier “ISSUE.” In RBA 2000, the issues appear under the identifier “DECISION.”

b. Compensation Ratings. Consider all claimed disabilities in the rating decision. Also consider all chronic disabilities found in the service records even if they were not claimed. This is to be done on the original rating, or subsequently in cases where additional service medical records are received following an initial rating decision. Do not consider any of the following conditions unless specifically claimed:

(1) Acute and transitory disorders without residual disability;

(2) Noncompensable residual disability from venereal disease;

(3) Disabilities noted only on an induction examination, or disorders recorded by history only;

(4) Disabilities found by authorization not to have been incurred "in line of duty" (see pt. IV, par. 11.03); and

(5) Clinical findings such as cholesterol or blood sugar levels that are not generally recognized as "disabilities" or subject to service connection.

3.10 INFERRED ISSUES AND ANCILLARY BENEFITS

An issue is sometimes derived from the consideration or outcome of a related issue.

I request reconsideration of the two deficient decisions as found within your June 30, 2006 letter to me.

In a prior letter I received from Ms. Kloc she stated that I would receive VCAA letters on these two CUE claims. I am requesting those VCAA notification letters also.

Respectfully,

Berta Simmons

Page five of five

[john999]

I think my old decision says "nervous condition" as well. It gives a DX as well besides nervous condition. I have to drag it out and look at it. I remember when I got a job with the post office I had to show them I was a 10 point eligible vet. I had a letter from the VA that said I was SC'ed for a Nervous Condition. The guy at the post office personnel office said "you don't look nervous". What could I say? Am I Barney Fife or something. I mean the more you look into these old decisions the more you can find that is wrong. I am glad Berta in on the ball.

[blanco63]

If i opened a claim for bipolar disorder and am scheduled for a c and p exam, are they allowed to and do you think they would mess with my 50% sc migraines?

[Berta]

They should only be concerned at the C & P for the bi polar claim.