ptsd Ptsd P/t And Tdiu

[Dave20290]

hi, i would first off like to thank everyone on this site for helping veterans such as myself get the answers they are looking for. Here's my background history with the va: I'm 27 (veteran of whatever war the news is calling it these days). may 2007 i was granted 70% for ptsd for a claim i put in october of 2006. I put in for IU in may 2008 and was awarded that so i'm 100% total. I've also been awarded SS. I had stated to SS that i was unable to work due to 'ptsd, depression, anxiety, panic attacks, and suicidal idealation.' and they cleared it. My first question is what is it when people say TDUI. I know the IU but is the TD just saying 'total disability. As in, can i say I have TDUI? I don't know. Also i'm interested in applying for Permanent and total if that's even possible. I'm paranoid as it is and i hate to think of some bastard hopping on my back for some reason and throwing me into a world of pure hell. We all know how precious awarded money is so we can live on our own terms without having to go 'postal' or just having a breakdown. Am i too young for p/t. My history since discharge (sept 2006) has been riddled with psychward visits and life altering characteristics of PTSD. Even if p/t is not workable, what exactly does that entail. Does it mean the va cant review me anymore (technically). Let's face it no one likes to be put up against the wall and have to explain the same old crap over and over again, it's just frustrating and i worry about it a lot. I was released from the psychward not too long ago and i'm just tired of this crap. I just wish i didn't have to worry about stupid stuff and try to work on myself. For all of those suffering vets from whatever symptoms or problems, thanks for your service.

Dave

[john999]

I don't think someone is interpreting the regulation correctly. If you are 70% for PTSD and you are unemployable due "solely" to the PTSD then you can claim IU. It is not automatic. It should be inferred, but that does not mean the VA will do it until you actually claim IU. Statements that the VA MUST do this or MUST do that are usually not correct.

[Philip Rogers]

John, I think he's quoting an old regulation, from late 1996. I believe it was 38 CFR 4.16© and it used to state something to the effect that if a claimant was 70%, solely for PTSD, the claimant was to be rated 100%. I believe this reg was changed on or about 10/8/96.

pr

I don't think someone is interpreting the regulation correctly. If you are 70% for PTSD and you are unemployable due "solely" to the PTSD then you can claim IU. It is not automatic. It should be inferred, but that does not mean the VA will do it until you actually claim IU. Statements that the VA MUST do this or MUST do that are usually not correct.

[hacarlton]

Ok, so can anyone help me with my original question? how should I expect this to go?

Thanks,

HA Carlton

[Berta]

The P & T award might be better to put off asking for -for a while-

the VA should have gien you a reason for not granting P & T.

Sometimes they do and sometimes they dont.

Unfortunately the VA can choose to evaluate comp anytime they want.

Unless you have had substantial improvement they cannot reduce the comp.

A good friend of mine was granted 100% P & T with no future C & P exams -they put that in writing.

But a few years later they scheduled him for a re-evaluation.

He was a wreck.

He has PTSD 50%, 40 % GSW residuals, and 100% plus SMC because the VA malpracticed on him and almost killed him.

I helped him write a letter to VA and his wife wrote one too.There was absolutely no chance his 1151 disabilties or his PTSD and Gun shot wound residuals could have substantially improved.

He got a VA letter about a month later. They had dropped their re- evaluation idea and again told him he need not expect future C & Ps.

I swear if this vet didnt have PTSD already-he would have got it from their first letter.

A vet has full appealate rights when they try to lower comp due to re-evaluations.

[hacarlton]

Well, I have not asked for it yet and plan to wait. I just had hoped that since I have not worked in more than 5 years and that the examiner said I have total impairment, that they will award P\T instead of IU. I suppose I will just have to wait and see.

Thanks,

HA Carlton

[Philip Rogers]

You should get 100%, w/that description. P&T should come after the 5 yr mark. I see you posted that you won a claim back to '97 for PTSD, so I would think you'll get either TDIU or 100% w/P&T. Make sure the VA knows you haven't worked in 5 yrs.

pr

Sorry, my first post was blank. Am trying to figure this out. Can you post the regs. that you mentioned in this old post?

I won a PTSD claim in June 09 that is backdated to 1997. My last time at work was 2004. I also had a TDIU claim pending.

My rating exam was Aug 4 this year. The VA Dr. said "veteran has total social and occupational impairment"

Now I wonder what percentage this will give me for PTSD and whether I will get P\T of the TDIU that I now wish I had never filed for.

Any ideas?

Thanks,

HA Carlton