ptsd Confused, Need Help Deciding What To Do?

[ruby]

I have a nod from 07 for IU, SI joints, Depression this can be won but it will be a fight. less evidence to support claim at that time however I have the support now (80% rating 3 md say unemployable)

My new claim is for radiculopathy and headaches secondary to sc cervical arthritis according to what I think I should get 55% total R&L for the radiculopathy and 30% for headaches. If they give me those ratings I qualify for 100% secluar.

I have a new NOD for another claim for reactive arthritis, a change in dx codes and eeds.

I can ask the VA to cue itself for IU.

Which way would get me the IU the quickest. I have held off filing the bilateral radiculopathy and headaches for close to a year waiting for this decision they screwed me.

I could file a reopen claim for IU (not a cue),radiculopathy secondary to my sc arthritis and headaches secondary to sc arthrits, it is documented by my doctos my neck is causing the problems.

Then I file a nod on eed for the PTSD and REA and change in dx with stage ratings.

or I can file IU only and the NOD to see if they will answer me within a year. If not then I NOD

I read someone where they do IU quicker, it takes just a couple of months, anyone ever hear of this.

I need help deciding what to file and when---can others give me thier opinion and what they would do and why

Thanks for your answers

[sharon]

You can open a new claim for IU while your appeal is pending. However, this claim will not be decided in two months. I would not file a CUE until the appeal has been completed.

[broncovet]

Ruby

I recommend the "multiple" approach.

Yes, they can/do deny them all, but they have to give reasons for denials. Then, you can "attack" their reasons for denials in the appeal. I have found they often give faulty reasons for denials, and sometimes overlook the REAL reason they could have denied your claim.

However, when you go the "multiple" approach, I have found that they approved claims I did not think they would, and denied claims that I thought were a slam dunk.

The "multiple" approach is sometimes called the spagetti method. Throw them all at the wall and see which ones stick. Even if you think you MIGHT be eligible for benefits for a certain condition, go ahead and apply. Remember,

the DENIAL RATE is 100% for every condition you dont apply for, that is, you dont get a cent for any condition you have that you dont apply for.

You just might learn something that will help you win benefits for one of your other conditions. The "VA way" is to do things the opposite of what 99% of people think is right. So, go ahead and apply even if you think there is only a 1% chance you will succeed, because that is probably going to be the benefit they award. JMHO.

Edited May 28, 2009 by broncovet

[Testvet]

my claim was messed up I had a bad SO when I first started back in 2002 he told my wife and I we could only file for one issue at a time, and I didn't know any better so we filed for the worst one my heart problems 7 heart attacks and the stroke since the stroke happened within a year of dischareg from Desert Storm we thought I met the criteria for presumptive SC since it was within the one year mark.

They denied it in 6 months July of 2003 in the meantime I had been diagnosed after months of interviews and tests with PTSD my SO then an AL SIO that worked for the state of SC, told me he would NOT file for a non-combat related PTSD he "feels" that the VA should not pay PTSD for non-combat claims anyway he was supposed to file the appeal in July for the heart problems and the PTSD, in Dec 2003 we stopped by his office to see the status of the claim he was not there but his secretary was, she pulled the file out and there lay the appeal and all my documents, the PTSD diagnosis, the form for the appeal he had never filed it, the people here at Hadit told me I should file the claim for ALL conditions so I had 2 claims running at once the appeal on my heart problems and a claim with 11 other issues including the PTSD in May 2005 I agreed to drop the tinnitus, hemmeroids, back issues, GERD etc for the 100% for PTSD then they only gave me 50% I filed a NOD on that and a year later they awarded the 100% back to Dec 2003, in April the BVA awarded the heart problems back to Dec 2002 still haven't got the back pay they owe me 100% for Dec 2002- Dec 2003 and SMC S from Jan 2004 - now

I say file all the issues and file your NODs and other appeals as they issue decisions they should try and incoporate them into one claim at some point and then you have to keep track of all the different deadlines.....

As long as you haven't filed for the issue you are losing months of back pay eligibility File File File

[Berta]

I think I mentioned here before that a TDIU claim could go faster than a claim involving multiple issues.

Many vets filing TDIU already have SSA awards for the same disabilities they claim TDIU for-so this evidence itself can become prime facie of unemployability due to service-if they have an established nexus.

Example- Vet gets SSA solely for PTSD

PTSD service nexus has been established.

TDIU is a no brainer for PTSD.

Example-vet claims AO DMII due to service in Vietnam. She also has CAD directly associated with DMII and Cataracts and has recently suffered a CVA directly due to DMII atherosclerosis.She also claims skin problems, circulation problems, HBP ,dizziness and balance problems due to service.

VA could attempt to adjudicate and rate all of these conditions until they add up to 70% and then send her the TDIU form-

Or the vet can apply for TDIU right away, mention all of these conditions under # 25 Remarks by adding separeate page, and then the focus of the VA is solely on the big picture (TDIU) and not each individual disability rating.

They WILL rate all disabilities but I would think when a TDIU form is received it is easier for them to work on a TDIU claim then work on a claim with numerous disabilities that may or may not be service connectable.TDIU employment reports can reveal significant on the job problems that VA must consider.

And if the vet has been awarded SSA solely for prime conditions they claim service connection for-

this should make a TDIU award easy.

If the vet has a medical opinion that their SC renders them unemployable that too should warrant an easy TDIU award with the appropriate nexus.

A vet could claim 20 different conditions (some claim even more than that)

each condition would need a nexus or evidence it is secondary to an established SC,

and then a rating -whereas a TDIU claim could find that one or two main disabilities cause the TDIU.

Then again NOTHING goes fast these days with the VA- NOthing-

I remember when a claim often only took 6- or 8 months -in the 1990s.And we griped then as to how long it took.

I recall when the BVA only had 25,000 cases and the vets community thought that figure was too high.

Now it is over 900,000.

If a vet or widow can make a strong argument for VA to CUE itself that is different story-I have done this 4 times already since 1997.

I got results in 3 weeks in each case when I emailed VA to do this and I await a review now when I recently asked them to CUE their recent award letter to me-

I used VA case law and regs and told them what I would do next if they didnt prepare the award properly.They have responded three times since my email that they are working on it.

This is something any claimant can do if the VA has made a clear and unmistakable legal error in any decision.

No DTA errors-just legal errors that go against established VA regulations.

[john999]

If you have the ammunition for IU then file for IU. You can file for the other issues at your leisure while you collect your 100% rate. There is no quick way to do it, but there are claims that are going to take a lot longer if the VA has to look at 20 different claims. Probably half will be deferred. The CUE you can work later if there is money involved. That is just my idea if you need money and don't want to wait years to get it.

[ruby]

If you have the ammunition for IU then file for IU. You can file for the other issues at your leisure while you collect your 100% rate. There is no quick way to do it, but there are claims that are going to take a lot longer if the VA has to look at 20 different claims. Probably half will be deferred. The CUE you can work later if there is money involved. That is just my idea if you need money and don't want to wait years to get it.

I thought the 3 va docs saying I am unemployable due to my sc conditions would have been enough but I guess not. Thats the CUE not inferring IU but I am going to file for IU forget the CUE for now use it down the road if I have too.

I am going to file the appeal at the same time as I am told that its 2 different depts and basically they don't do anything with the appeal until the reopen is complete. That's how they handled it this time.

Thanks

Ruby