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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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deviant

Okay Here Is The Jist Of My C&p Exam. Its Long But Maybe If Someone Sees It They Can Tell Me If Im Scratching The Wrong Tree Or If I Even Have Hope

Question

Gonna be a long one but Im editing some to shorten

PSYCHIATRIC HISTORY: Veteran 32 y/o divorced w/male, seen for a review exam of 50% SC "mood disorder". Veteran seen by same examiner on 05/11/07 and was diagnosed with depressive disorder related to SC neck injury and disability. He was also diagnosed with PTSD and substance abuse. His girlfriend brought him into psychiatric E.R. Jan. 2009 because of an assault and battery on his friend, anger and depression issues were out of control. Since that time he has had ongoing mental health services. He is currently taking Olanzapine 10mg and Citralpam 10 mg which keep him calmer and less angy. Veteran was also diagnosed through the center for traumatic stress and was again diagnosed with PTSD 03/03/2009. Past records also indicate a diagnoses of Intermittant Explosive Disorder.

Basically the next few paragraphs just get into me losing my job due to pain/disability and the police having to remove me from my workplace, Not having sustainable meaningful employment since 09/14/07, numerous outbreaks of violence with police involvement as evidence, and being locked in a rubber room in the back of the VAMC E.R. and having to be removed from the facility twice by vamc police for hitting a sarcastic employee with a bottle and trying to assault the head of primary care, second time was for trying to get through secure doors to my primary care provider. And before you judge me... I did try to go through the patient advocate and the hospital admin to get my issues resolved to no avail I was dismissed and treated worse then Id treat an enemy. I do not advocate this behavior but in my mind it is sometimes deemed appropriate.

Now then back to it... Overall the veteran has had extreme problems with anger management, and impulsivity.

Denied any any suicidal thinking and denied any intent of imminent intent to harm himself or anyone else. HOWEVER the veteran does have a significant history of impulsive behavior and past aggressive behavior. Significant Anhedonia, Extreme social withdrawal, Anger and irritability are severe problems and Impulse control is extremely poor. Depression is still a major issue. Hypervigilance is also an issue keeping sleep to 2 to 3 hours at a time then napping.

DIAGNOSES:

1. Depressive Disorder, not otherwise specified

2. Post Traumatic Stress Disorder

3. Polysubstance Abuse in remission. ( By the way if you try to take yourself out dont use your pain meds it makes you a substance abuser thats how this lovely ended up on my report )

GLOBAL ASSESSMENT OF FUNCTIONING 45.

SUMMARY AND CONCLUSIONS: This exam request asks for comments about the effect of the veterans conditions on employability. As noted above since last exam the veteran had one job, which was lost almost 2 1/2 years ago and has not worked regularly since except for the occasional odd job or painted a couple cars both of which he was able to work alone which seems to suit him better but these were only temporary. Overall the veteran continues to have severe depression and often stays in his room for days at a time with declining Hygiene and loss of interest in things. The more significant symptoms involve severe difficulty with anger and impaired impulse control which have led to numerous altercations and legal charges since last exam.

......Okay thats just the mental health side but that was the one I was worried about... the rest of my SC conditions are as follows

1. herniated disc c3-c6 with spinal stenosis pain 30%

2. radiculopathy left arm 10%

3. radiculopathy right arm 0%

4. Right ankle 0%

5. And of course the "mood disorder" 50%

I wrote all this out so you guys that have mucho experience with this could tell me what my chances for TDIU/IU are. Not asking how long or when, just if the odds are in my favor? Im trying to have hope that I should get it but if it doesnt look like that to you all please let me know? Im probably one of the few that still love honesty even if it hurts. I was denied once already because at the time I was homeless and missed my C&P exams. I also filed for increase on my neck and arm as well and have completed the C&P and emg for them on the same claim. While Im on my meds Im not that bad of a guy, but I know its still in there and have to be careful who Im around, or what I do, or even the type or class of people that are around me can all set me off. And just to let you all know I am only 32, both grandfathers landed in the D-Day invasion one kept on and fought in Korea, My dad was in Vietnam. I received 16 medals and honestly some of them were freebies about 4, but the rest were earned. Even awarded good conduct twice, I was not a ragbag soldier, made my e5 in 26 months while being deployed... Sometimes it seems that Active Military service was the only place a guy like me fit in,and could thrive and excel, almost like I was bred for it, Then it was taken from me because of an accident and my body failed me.

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When VA gave you the 70% rating,they should have made statement as to whether they had considered you for TDIU.

Were you employed then?

If not what rationale did they give for not considering you for TDIU?

Do you get SSA disability for the main SC conditions here?

VA lumps all mental health conditions into one rating.

http://www4.va.gov/vetapp09/files3/0919117.txt

This BVA TDIU case has the rating schedule in it for TDIU due to mental disorders.

If your medical evidence warrants a rating higher than the SC you get now-they should award TDIU.

SHould based on what see here ---but I hesitate to say that is in the bag- we can never determine what the VA will do.

VA Should have awarded my husband 100% for PTSD for over 6 years. They finally did after he was dead for over 3 years.With an EED of 3 years prior to death.

Obviously the medical evidence he had warranted the 100% rating for 3 years in his lifetime.The VA never considered it until I got tough.

Make sure if you get SSA disability for these conditions that they know this and opbtain the SSA records and any possible private records that you might have.

Also if your VA shrink gave you hypnosis, MMPI, or any other tests related to your MH disability that they consider ALL available psychiatric records.-to include any psychiatric hospitalizations since the 50% award.

When my husband filed his claim for higher rating (he was 30% for PTSD) significant events to include 2 mental hospitalizations, a SSA award for PTSD and extensive psychiatric tests and treatments occurred as well as pronounced problems with VA as his employer and another private company in the years up to his death.Also he had occurred additional disabilities due to AO.

Make sure the VA fully considers all types of evidence like this that you have that would show your SC renders you unemployable.

I think this C & P result will definitely help you- and I dont doubt that you present a very valid TDIU claim.

But I have been around the VA block for decades and know it is usually impossible to predict what they might do.

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When VA gave you the 70% rating,they should have made statement as to whether they had considered you for TDIU.

Were you employed then?

If not what rationale did they give for not considering you for TDIU?

Do you get SSA disability for the main SC conditions here?

VA lumps all mental health conditions into one rating.

http://www4.va.gov/vetapp09/files3/0919117.txt

This BVA TDIU case has the rating schedule in it for TDIU due to mental disorders.

If your medical evidence warrants a rating higher than the SC you get now-they should award TDIU.

SHould based on what see here ---but I hesitate to say that is in the bag- we can never determine what the VA will do.

VA Should have awarded my husband 100% for PTSD for over 6 years. They finally did after he was dead for over 3 years.With an EED of 3 years prior to death.

Obviously the medical evidence he had warranted the 100% rating for 3 years in his lifetime.The VA never considered it until I got tough.

Make sure if you get SSA disability for these conditions that they know this and opbtain the SSA records and any possible private records that you might have.

Also if your VA shrink gave you hypnosis, MMPI, or any other tests related to your MH disability that they consider ALL available psychiatric records.-to include any psychiatric hospitalizations since the 50% award.

When my husband filed his claim for higher rating (he was 30% for PTSD) significant events to include 2 mental hospitalizations, a SSA award for PTSD and extensive psychiatric tests and treatments occurred as well as pronounced problems with VA as his employer and another private company in the years up to his death.Also he had occurred additional disabilities due to AO.

Make sure the VA fully considers all types of evidence like this that you have that would show your SC renders you unemployable.

I think this C & P result will definitely help you- and I dont doubt that you present a very valid TDIU claim.

But I have been around the VA block for decades and know it is usually impossible to predict what they might do.

I had just gotten a job after 3 months of being unemployed, It only lasted 11 months Oct 2006-Sept 2007. things were going down hill quickly. However during my C&P exam for which I was rated at 70% I was employed. I was trying to explain to them then that I did have a very well paying job however it was very labor intensive and it was hanging by a thread. However social security earnings statements show the decline of my income running completely parallel to worsening conditions through treatment records.However the job may have killed the tdiu, but then again I was on a regiment of pain meds and muscle relaxers prescribed through Pain Clinic to keep me going so they may have said something and it turned into a blur and just kept on keeping on happy to get what I did get. And no I dont get ssi, what I have waded into here is unknown to me. thats why Im on this site I never thought it could get this bad this fast. I know nothing of ssi, I was trying to conquer this first because its all SC.

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Yes that makes sense- if a vet in employed they wont consider TDIU.

They will have to consider you are unemployed now for the re-opened or new TDIU claim.

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And, if you don't fill this form out, then you will never, ever, get your TDIU:

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

Thanks Larry, I believe I have filed that already, I know for a fact they have already received the employer form from me personally and gotten the information back from my previous employers and it is in the claim, I called the 800 # and asked them if they needed anything else and they said no just my C&P exams to get done, Which as of 1/13/2010 the mental side was done which is posted below and the physical side was fully completed on 1/21/2010. With so much time passed and so much paperwork I guess Im going to have to physically go back into the Roanoke office and check for certain first thing in the morning. Ugh I hate that place, I actually had to raise my voice at the guy in there because he was adamantly refusing to even time and date stamp copies of evidence as received for my personal records! Its too late in the game for a denial over something that takes 5 minutes to fill out as the form you describe. I will check and double check... thanks again

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