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C&p Results Are In

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Shark

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Background...I was 50% service connected for DM2 and PN. In July of 2007 I filed for PTSD. In july of 2008 I was given 50% for PTSD, bringing total to 80%. I applied for TDIU in July of 2008 and asked for an EED of July, 2007 as TDIU should have been inferred. In October of 2008 I received a denial and then I filed a NOD. Fast forward to June of 2009, I filed a claim for HTN and GERD. In late August I get a letter from VARO that in requesting TDIU, all service connected disabilities need to be reviewed. In early September I have a psych C&P for PTSD, and a medical C&P for my SC disabilities, PLUS HTN and GERD!

The Psychiatrist for the PTSD C&P says:

"Claimant is unemployable due to irritability and poor concentration." There was a lot of other stuff, but that was the concluding sentence.

The medical C&P doc says:

"It is more likely than not that his HTN is caused by DM2, a service connected condition. It is also more likely than not that his GERD is service connected due to many references in his SMR of heartburn and other related issues while in the service."

He also reinforced all of my current medical disabilities.

So...now I wait and see. I think TDIU is a strong maybe, and perhaps 100% P&T has a slight chance!

Thanks to everyone on here who availed me of their knowledge and motivated me to keep fighting!

Cheers,

Ric

Vietnam 66, 67/68. Combat Aircrewman doing search and rescue in N Vietnam. HS-6

Combat Vets Association

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  • HadIt.com Elder

The VA has changed the way they deal with IU claims. I dislike it, personally, because it takes an easy one issue claim that I can work in a short period of time and turns it into a MONSTER.

The old way: "Doc. Vet is claiming IU. Is he unemployable due to his SC conditions?"

The new way: "Doc, vet is claiming IU. Please consider this a claim for increase in all twenty five of his service connected conditions. Do a thorough exam of each one, and comment upon how each one is an industrial impairment. When I get the thirty page C&P exam back, I will address each individual issue, even if the vet is at the max already or isn't really contending that his scar/tinnitus/erectile dysfunction are any worse."

I don't understand why the change was made. I"m sure it had something to do with a court case though. This slows me WAY down. For that matter, it makes the vet have to get a bunch of exams that aren't necessary. Mental/orthopedics exams make sense, but even the stuff like scars or erectile dysfunction that is static and doesn't affect your ability to work? Waste of time, I think.

However, I'm sure there's a good reason for it, or they would not have changed the policy.

It sounds like you've got a very good shot at IU or 100 percent. Don't forget about the various other complications of diabetes and hypertension. Diabetic peripheral vascular disease is frequently overlooked, and it's not the same thing as peripheral neuropathy at all. There's trophic changes of the extremities, eye complications, kidney diseases...

*/ The comments and opinions expressed above are solely those of the commenter in their personal capacity and do not in any way represent the Department of Veterans Affairs. */

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  • HadIt.com Elder

Shark, I wish you the best and have a positive feeling for you in getting what you deserve and need. A few questions. Do you get SSDI?

Can you share a bit of how the Pyschiatrist discussed PTSD 'industirial impairment'? And does the VA still respond specifically on your EED request?

I have similar claim process going and curious how TDIU should be inferred the way you describe it.

For instance, IU for me should have been inferred, I think. I get SSDI. Ihave strong ratings on two of several service connected chronic/medicated health conditions. My strongest one lowballed on first claim, increased years later, and with evidence EED.(thanks to Hadit!)

All the best to ya,

Cowgirl'up2009!

P.S. Thank you James B. for hanging in here with us and explaining what you can. :rolleyes:

Background...I was 50% service connected for DM2 and PN. In July of 2007 I filed for PTSD. In july of 2008 I was given 50% for PTSD, bringing total to 80%. I applied for TDIU in July of 2008 and asked for an EED of July, 2007 as TDIU should have been inferred. In October of 2008 I received a denial and then I filed a NOD. Fast forward to June of 2009, I filed a claim for HTN and GERD. In late August I get a letter from VARO that in requesting TDIU, all service connected disabilities need to be reviewed. In early September I have a psych C&P for PTSD, and a medical C&P for my SC disabilities, PLUS HTN and GERD!

The Psychiatrist for the PTSD C&P says:

"Claimant is unemployable due to irritability and poor concentration." There was a lot of other stuff, but that was the concluding sentence.

The medical C&P doc says:

"It is more likely than not that his HTN is caused by DM2, a service connected condition. It is also more likely than not that his GERD is service connected due to many references in his SMR of heartburn and other related issues while in the service."

He also reinforced all of my current medical disabilities.

So...now I wait and see. I think TDIU is a strong maybe, and perhaps 100% P&T has a slight chance!

Thanks to everyone on here who availed me of their knowledge and motivated me to keep fighting!

Cheers,

Ric

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

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Yes, I have received SSDI since 12/2007. The psychiatrist basically said that I was to ornery to work! I belong to an outlaw motorcycle club, have been terminated from many of my jobs for agruing and fighting with my superiors. She also mentioned that my ability to concentrate had diminished and it would be unrealistic to expect me to learn a new profession.

I don't have an answer on the EED, my lawyer said the VARO's will usually just give the date the application for TDIU was filed, then we have to NOD for the EED. Maybe I will get lucky though as I went into detail in the NOD as to why I felt the date I filed my claim for PTSD should be the effective date.

Vietnam 66, 67/68. Combat Aircrewman doing search and rescue in N Vietnam. HS-6

Combat Vets Association

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Since you're already at 80% you have a great chance at the full shabang, golden egg, etc......

dh

Background...I was 50% service connected for DM2 and PN. In July of 2007 I filed for PTSD. In july of 2008 I was given 50% for PTSD, bringing total to 80%. I applied for TDIU in July of 2008 and asked for an EED of July, 2007 as TDIU should have been inferred. In October of 2008 I received a denial and then I filed a NOD. Fast forward to June of 2009, I filed a claim for HTN and GERD. In late August I get a letter from VARO that in requesting TDIU, all service connected disabilities need to be reviewed. In early September I have a psych C&P for PTSD, and a medical C&P for my SC disabilities, PLUS HTN and GERD!

The Psychiatrist for the PTSD C&P says:

"Claimant is unemployable due to irritability and poor concentration." There was a lot of other stuff, but that was the concluding sentence.

The medical C&P doc says:

"It is more likely than not that his HTN is caused by DM2, a service connected condition. It is also more likely than not that his GERD is service connected due to many references in his SMR of heartburn and other related issues while in the service."

He also reinforced all of my current medical disabilities.

So...now I wait and see. I think TDIU is a strong maybe, and perhaps 100% P&T has a slight chance!

Thanks to everyone on here who availed me of their knowledge and motivated me to keep fighting!

Cheers,

Ric

crazy-dog.jpg&h=94&w=133&usg=__KOn1hLijeKDD3LwW2tzES4paAcQ=
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What do you get SSDI for?

If solely for SC conditions, this should be a no brainer TDIU award.

"Yes, I have received SSDI since 12/2007. The psychiatrist basically said that I was to ornery to work! I belong to an outlaw motorcycle club, have been terminated from many of my jobs for agruing and fighting with my superiors. She also mentioned that my ability to concentrate had diminished and it would be unrealistic to expect me to learn a new profession.:

Did she associate the inability to work directly with your PTSD and/or your overall SC conditions?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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SSDI is for DM2 and PTSD. C&P psych on Axis V stated GAF due to PTSD at level 34, GAF due to depression at level 50, and GAF due to alcohol at level 60. Regarding unemployability she said:

Claimant is unemployable due especially to irritability and poor concentration. When around others, he becomes overly angry, and even aggressive, over minor incidents and problems. He has been unable to maintain employment for long due to irritability. He now also has problems with concentration, so that it is difficult for him to learn new material on a job. The difficulty is such that he will be slow at any job that he does, and will make mistakes because he can't remember what is now required of him.

It was a six page write up, and she stated that my PTSD symptoms continue. I also have a letter sent into the VARO by my VA psychologist where he states that I am grossly under rated at 50% and should be either 70 or 100%, and that I am unemployable.

BUT...who knows what the VARO will do...it is at the DRO right now, so I hope to hear something soon.

As a footnote, I just fired my attorney as he has done absolutely nothing. Everything that has been done on my case has been done by me, with the aid of you able folks here on hadit.com. For you newbies, ask any question that you have in your mind and surf around these pages for nuggets of information!

Vietnam 66, 67/68. Combat Aircrewman doing search and rescue in N Vietnam. HS-6

Combat Vets Association

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