Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

70% Compensable Without Ptsd

Rate this question


bootstrap1

Question

I am overall 100% but only compensable 70% for physical disabilities. Recently as advised by my VA rep I had put in for a PTSD claim. My VA mental health therapist who I see every 2 weeks says I have it and my c and p doctor rated me at a gaf 45 and his exact words were that i am unable to work due to military service. I'm on meds for ptsd and have not worked in over 3 years and before that never worked for one continous year. I suffered a severe head injury and have never felt "right" since. It has been about 8 months since I was denied tdiu so i'm still within my window for appeal if need be. I did things backards and filed for tdiu last year before my c and p exam for ptsd. My VA rep says I should get the 100% without a doubt given my rate on physical disabilities and what the doc said along with my therapist treatment and meds. I wonder if they will, if it goes in my favor, automatically give me tdiu or actually make me appeal it. Again after all their c and p doc for ptsd said I was unemployable ....Any advice, comments and or positive reinforcement is welcome. God bless and thank you for serving

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

4 answers to this question

Recommended Posts

bootstrap1,

Since you have already filed the claim, the form you need to fill out is VA Form 21-8940 Veterans Application For Increased Compensation Based On Unemployability. If you have a printer, then you can find fillable form on the Internet. Then send it in to ensure that TDIU is looked when they make their PTSD decision.

What exact reason did they give for denying TDIU for physical 70%.

Hope this helps,

Louis

Edited by Bonzai

"It is a terrible thing, when you lose your train of thought and you only have a one track mind"... Me

96C2P/96F2P (old MOS designations)

97E2P/37F2P (new MOS designations)

Link to comment
Share on other sites

  • HadIt.com Elder

Does your PTSD diagnosis have a verified stressor? If you are 70% and unable to work why do you need to pursue a PTSD claim? If you are 70% for physical injury you should be able to get IU based on that without the PTSD hunt. What was the basis for denial of your original IU claim?

Link to comment
Share on other sites

  • HadIt.com Elder

Welcome to Hadit. You are already 100% via 705 plus TDIU. PTSD is a vicious disorder and I am glad to see that you are being treated. Unless your diagnosis is verified by a stresstor the VA way you will probably spin your wheels and the way VA figures stuff maybe hard but not impossible to bump you enough enough to get SMC S Award or another 300 a month.

Good Luck but the key is to be able to verify the stressor that is acceptable to VA.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

Does your PTSD diagnosis have a verified stressor? If you are 70% and unable to work why do you need to pursue a PTSD claim? If you are 70% for physical injury you should be able to get IU based on that without the PTSD hunt. What was the basis for denial of your original IU claim?

What does "PTSD" with a verified stressor? I know what PTSD is and my husband suffers from it. Her recently was told his compensation was decreasing because he appeared better? I was so mad! He is better only if he takes his meds and just cuz you caught him on a good day doesn't mean he is "cured" He was at 50 % and now they are moving him back to 30%.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use