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Good To Join The Crew Again


winkjo

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Veteran Friends

-It"s been since 2007 that Berta and others chimed in to help this veteran move from 20% for DM-II to current 60%...30% of which is PTSD. Thank you ALL. Now back for the next round. Through my DAV Rep, filed for Reconsideration in mid 2008 of 30% rating for PTSD and denial for TDIU, saying for one thing that my VA MH Doctor's words that PTSD is the sole reason that I'm unemployable is"out of his jurisdiction" and therefore had no significance in the case ! WHAT ??? Please note also that the VARO has a copy of a SS Administrative Law Judge's letter awarding total disability (2006) due to my "severe PTSD" and other severe issues.

-I begged and finally attended a C&P Exam for PTSD this past Nov 2009 (never offered by VARO).

As briefly as possible--with fragmented reporting-- I wish to share the critical remarks made by the Examiner, hoping to once again solicit your generous suggestions and/or comments. I hope the following information will help other of us along the winding road to justice and peace of mind:

-Blunted affect, mood agitated, constant vigilence, a few impoverished relationships,etc, etc--

No sleep, avoidance of stimuli, walking off jobs, locking one's self in the house, etc, etc--

reliving traumatic events, unable to have loving relationships and so on.

ONSET OF SYMPTOMS: Chronic

No significant periods of Remissions of symptoms

I "live on the margins of life"

Prognosis for improvement of psych conditions and impairments of functional status: "POOR"

FINAL OPINION :

"After examining the veteran, reviewing C-files, medical records, it is the opinion of this examiner that (his) PTSD symptoms impede his ability to engage in substantially gainful employment.

He has a history of interrupted employment, emotional lability and poor community integration...His notably limited contact with others over the last several years is accompanied by a paranoia that will significantly interfere with occupational functionality.

There you have it, my comrades and friends. Please share your thoughts-

Semper Fi

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They should award you TDIU !!!!!

Also make sure they consider that SSA award.

An SSA award solely for a VA claimed disability with proof of nexus- is irrefutable proof of unemployability due to service.

You already established your nexus -now they have to prove they can read.And make an award.

(Which they could have made in a heartbeat with the C & P results and the SSA award.)

Your retro should go back to one year prior to your TDIU filing date-

in my opinion- based on what I see here if the SSA award preceeded the TDIU form by one year.

If not you could appeal the EED.

The C & P sounds great to me Marine!

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Back again to thank you Berta for the quick and positive feedback-filled information. Your reaction on the PTSD C&P Exam is what I was hoping to hear from you, especially with your experience in interpreting VARO statements and what legal significance each word or sentence may have in a given case.

Regarding the SS ALJ finding "fully favorable for (me)" in the disability decision of Feb 17, 2006, he wrote:

DECISION

It is the decision of the Administrative Law Judge that, based on the application protectively filed on July 12, 2004, the claimant is entitled to a period of disability commencing January 31, 2003, and to Disability Insurance Benefits under sections 216(i) and 223, respectively, of the Social Security Act.

So, Berta, would it not be true that PTSD 100% or TDIU retro would therefore have an EED of January 31, 2003 based on this ALJ's award? If so, we're talking about 7 yrs plus, depending on when VARO decides to cooperate!

Once again, thank you, Berta

Semper Fi

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Hey Winkjo

Interesting situation. My husband fought 15 years for his 100% PTSD claim and won, even though he had severe symptoms, they based his 100% solely on his interrupted work history and inability to maintain gainful or substantial employment. So I think it should be an award of 100% scheduler PTSD not TDIU, because being unemployable because of PTSD IS 100% PTSD.

Hmmm Just a thought!

Hawk's wife

Back again to thank you Berta for the quick and positive feedback-filled information. Your reaction on the PTSD C&P Exam is what I was hoping to hear from you, especially with your experience in interpreting VARO statements and what legal significance each word or sentence may have in a given case.

Regarding the SS ALJ finding "fully favorable for (me)" in the disability decision of Feb 17, 2006, he wrote:

DECISION

It is the decision of the Administrative Law Judge that, based on the application protectively filed on July 12, 2004, the claimant is entitled to a period of disability commencing January 31, 2003, and to Disability Insurance Benefits under sections 216(i) and 223, respectively, of the Social Security Act.

So, Berta, would it not be true that PTSD 100% or TDIU retro would therefore have an EED of January 31, 2003 based on this ALJ's award? If so, we're talking about 7 yrs plus, depending on when VARO decides to cooperate!

Once again, thank you, Berta

Semper Fi

Edited by hawkfire27
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Hey Winkjo

Interesting situation. My husband fought 15 years for his 100% PTSD claim and won, even though he had severe symptoms, they based his 100% solely on his interrupted work history and inability to maintain gainful or substantial employment. So I think it should be an award of 100% scheduler PTSD not TDIU, because being unemployable because of PTSD IS 100% PTSD.

Hmmm Just a thought!

Hawk's wife

Hey Hawk's Wife

Sorry to hear your veteran husband's fight was so painfully long a process. Happy to hear he kept fighting and WON! My war with the VARO rages on now since 2004. Actually it started with an inquiry about PTSD in 1984...back when most of us were learning about this newly VA-invented(?) stuff called "ptsd". They denied my claim, said I was bi-polar and nearly killed me with Lithium. :)

Interesting also might be a comparison of the merits/benefits of 100% schedular vs TDIU. Forgive my lack of personal expertise in making this comparison, but would truly appreciate what you folks (and other forum friends reading this) might have to say about the merits of either...I have actually been chasing PTSD 100% all these years. How protected from future VARO meddling in either of the two--down the road I mean--may be the most critical point!???

Thank you for commenting on my struggle, Hawk's Wife-

Semper Fi

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