ptsd C&p Today

[Guest Ryan]

Hey all, had my second c&p today for an appeal from the original that this lady from india, who could hardly speak english did on me, and basically called me a liar, quoting me as saying I had a bunch of symptoms before deployment, that I hadn't.

I really got into it, a week ago with, another seemingly snotty dr. that was supposto do my exam for the appeal. It ended with a reappointment for today that I just got done with.

I made it clear to everyone that I'm not going to take on the character of being a scammer for benefits, that of which was what I was being made into from the original exam, and I verbally threatened to sue for defamation. Today the doc I saw had a pretty good head on his shoulders, and was able to articulate what I was saying about my symptoms. We shall see what the decision is though. I just don't trust any of 'em. You guys know what I mean.

I'm already servce connected, from the first exam, for combat related ptsd, to include anxiety and depression, but was given the shaft and got 10%.

SSD rubberstamped my claim almost a year and a half ago. 9 months after I stopped working without an exam. It's a good thing, or I'd been on the street.

How in the hell do they really expect people to deal with all this crap, and stay civil when a guys plate is already full from the very thing that he's there for? I've been on pins and needles for three days worrying about this, making sure that I kept every trick I could think of right out front in my mind just so I would keep a cool head. (rant over)

Once again I think it went pretty good today, but we'll see.

[Berta]

"Instead they gave me retro pay back to July of 09 (The date of the exam given by a real person, and not daffy duck) instead of Dec.07 (original file date)."

Darkhorse is right- how did they decide that at a C & P exam -your disability got worse that very day!

Ridiculous.

They probably owe you a staged rating back to when you filed the claim (Dec 2007)-you can fight that EED but with the TDIU pending maybe best to wait for a TDIU decision- you have one year after the decision to NOD it-

For the TDIU- let them know if Voc Rehab ever turned you down due to your SC, the side affects of the meds you take, and if you get SSA (or are you going to aplly for SSA?)

[darkhorse]

The point is that the examiner would have opined that your condition was worse by at least partly going over past evidence so to say this was your start date smells foul. Even if an informal or formal claim was submitted prior you would at least have an "inferred" claim for increase prior to the exam.

for example of inferred claim: The examiner states that you were fired from your job due to your s/c mental illness that happen many months prior to the exam. This would be an inferred start date.

DH

"Instead they gave me retro pay back to July of 09 (The date of the exam given by a real person, and not daffy duck) instead of Dec.07 (original file date)."

Darkhorse is right- how did they decide that at a C & P exam -your disability got worse that very day!

Ridiculous.

They probably owe you a staged rating back to when you filed the claim (Dec 2007)-you can fight that EED but with the TDIU pending maybe best to wait for a TDIU decision- you have one year after the decision to NOD it-

For the TDIU- let them know if Voc Rehab ever turned you down due to your SC, the side affects of the meds you take, and if you get SSA (or are you going to aplly for SSA?)

Edited September 24, 2009 by darkhorse

[john999]

I would keep track of my rating date for the 80%. If TDIU is pending I would get that in the bag and then file a NOD and ask for an EED based on the date you filed for an increase. I would also ask that my TDIU be back dated to the earliest effective date you got 80% and were known to be unemployable. If the VA has any evidence that you are unemployable due to your SC condition that is an inferred claim. Have you submitted the official IU form to the VA? You need to do that.

[Guest Ryan]

Yes on ssd, and have been from way back to Jan 08. Was approved for it in april 08. They know this, but after combing over the award letter in a moment of somewhat clear thinking, they are wanting me to fill out the VA 21-8940 form. "Veteran application for increased compensation based on unemplyability." Was sent with the award letter.

Says that under the part "What additional information or evidence do we still need from you?"

Then right below that under "When and where to send the information or evidence."

"Send the information or evidence to the address at the top of this letter within 30 days from the date of this letter. Please put your full name and VA file number on the evidence. If we don't recieve the information or evidence within that time, we will decide your calim based only on the evidence we have recieved."

"We may be able to pay you from the date we recieved your claim, if we recieve the information or evidence within one year from the date of this letter, and we decide that you are entitled to VA benefits. If we do not recieve the evidence within one year from the date of this letter, we may only be able to pay you from the date we recieved the evidence."

So i just need to send this form in for IU. Sounds like it may just be a formality of having this filled out and on file. What do guys think?

[john999]

Yes, send in the IU form. You can't actually get IU until the VA gets the form. The VA should use the date you got SSD as the date your IU began. This is where it gets tricky. You were not rated 80% until recently, but according to SSA you have been unemployable since January 2008. After you get IU I would file an appeal if the VA does not use the January 2008 date. The VA knew you were on SSD and this is an inferred claim for IU. You won't get the earlier effective date unless you fight for it. The VA pretends that you suddenly became IU when you get the right percentage rating.

[Guest Ryan]

Thanks John. After kickin it around in my head a little, I am going to send a few other things with the VA form 21-8940 that will debunk the whole premis that my symptoms had subsided as stated by the first examiner who got me the rating of 10%. I.E.: Med record entry from my VA shrink who wanted to put me into inpatient care at about the same time as that examination in Oct of 08, but I refused from being even more aggrivated by the way things were going with my supposed successful treatment. (Why the recomendation for inpatient care if I had no symptoms?).......That along with another notation by the same shrink of me severely smashing my right index finger while trying to move a moderately heavy metal frame about a month and a half before that, shows how my cognitive impairment contributes significantly to not being able to work safely while employing the vocational skills needed in the type of work I was in before getting physiacally ill from the anxiety in june of 07.

If the DRO refuses to acknowledge that, and grant the retro, then I will formally appeal for it.