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Tdiu And Or Ssdi Support?


Bill (USAF Retired)

Question

I'm presently rated at 80%, left employment November 2009 due to service-connected major depressive disorder and PTSD (50% rating). I've been going to my local VA hospital pretty much daily for treatment/groups, except of course when I really need to be there (i.e., my symptoms are at their worst, I go off the rails and I isolate myself in Stately Bill Manor).

I have a supportive VA board-certified psychiatrist who has signed a certification regarding my MDD/PTSD, stating that I am "unable to work in any capacity and has been totally disabled since November 2009." The certification concludes with further statement that I am "totally disabled [due to MDD/PTSD] which prevents him from engaging in substantial gainful activity. I expect the impairment to be of long, continued or indefinite duration OR to result in the patient's death." That psychiatrist's certification is in my VA treatment record.

Once I got past the cringe factor of seeing that in writing, I thought it might be of some help in an upgrade claim, TDIU claim, or SSDI claim. For what it's worth, my GAFs for the past year have been clustered at 40-41, with a single 50 thrown in just to break up the monotony.

What's the best course of action?

1. File for upgrade/TDIU/SSDI concurrently, or

2. File for TDIU and use my hopefully winning decision as an attachment to shore up an SSDI claim, or

3. File for SSDI and use my hopefully winning decision as an attachment to shore up a TDIU claim, or

4. None of the above, I should instead do (insert course of action).

Thanks in advance for your perspectives.

Bill

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1. File for upgrade/TDIU/SSDI concurrently,

2. File for TDIU and use my hopefully winning decision as an attachment to shore up an SSDI claim,

IMO, I would do #2 but #1 or #2 would be good! It's REALLY all up to you!

Good Luck!

B6

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I would ask for an increase and fill out TDIU Form and get it to VA ASAP. I would file for Social Security on the same day. I would wait and do what they tell me. You have everything that you need to win both claims. I hardly ever say that.

Good Luck

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I would do #2 and # 3 and make sure both SSA and the VA has copy of that medical statement from the psychiatrist.

That is all you need as I assume the PTSD is already SC. ?

Did he/ she basically follow the IMO format here?

Did he provide full medical rationale and a brief curriculum vitae?

Did he/she have expertise in treating PTSD or MDD before?

I am just looking for anything that would cause VA to try to question this.

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