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Tdiu Automatic File?

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djweaz

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Hi,

On friday, I recieved letter from DAV and from VA putting me at 80% (woo hoo) I never expected it to go that high or get disapproved. I was approved on PTSD severe depression, high anxiety, based on unemployability. Section 2 said tdiu is deferred, I thought ok, this will give me a chance to decide to file it or not as I just started with Chapter 31 again this month. Chapter 31 knew this was being filed and said that either way they had to transition me into either retirement or back into the workforce. Back into the workforce think of something I want to do for a living. Retirement, choose something I want to do to stay busy in retirement.

The very next day I get a letter signed by the same person from the VA stating they are working on my claim for TDIU fill out this form and return it so they can rule on it.

Now I am afraid, maybe it is my anxiety maybe it is not. Why didnt they rule on this while ruling on my claim? What other evidence can I give them they don't already have? I worked for a month last year first time in years $8 an hour part time down from suit & tie 60k salary in 2003. Says right in my paperwork I dont like to leave my house. One of the things that worry me when I file this, is what if they re-open my claim and decide nah we gave him to much or he doesnt deserve anything for ptsd and strip me before I get back pay or first check even. I know that one of my counselors put in that I needed this but I also know one of my other ones thinks I should work and thinks much of my issue is in growing up not ptsd ( I think she is wrong)

What is it with this 80% or 100% if they do IU? Do I have to keep my schedules full with doctor appointments as I do now and live evolve around the va? Do they keep re-evauluating me? I know PTSD is uncurable but what if they consider it getting better and pull my check?

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djweaz,

You posted that IU was deferred.

A reason for this might just be because they don't have a 21-8940 from you.

The form they sent you is probably a 21-8940 for IU.

Do not delay, fill it out, sign it and submit a copy now.

If your VARO is close enough, submit it in person and get a date stamped copy.

carlie

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That is what the DAV said yesterday that maybe they didnt have it on file. Does this mean that maybe they were going to 100% me but couldnt because I didnt have this form? You are correct they want my form filled out. I have to go to the DAV at the Federal building this afternoon and am nauseated at just the thought of it

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That is what the DAV said yesterday that maybe they didnt have it on file. Does this mean that maybe they were going to 100% me but couldnt because I didnt have this form? You are correct they want my form filled out. I have to go to the DAV at the Federal building this afternoon and am nauseated at just the thought of it

dweaz,

If you've never submitted a 21-8940 then of course VA wouldn't have it in the record.

It sounds to me like VA is AT LEAST considering IU for you - but they don't

have the IU (21-8940) from you. IU is compensated at the 100 percent rate.

carlie

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It is just a scary thought to go in front of the exam again. It took alot out of me bearing all to to the Dr. writing the stressor letter. If I have to go back and do it all again I think I might have to pass on it. Worrying if/when an Appointment comes up for another exam as well as the fear of the unknown if they can take it from me. But I gather thats why one of the ratings were for Anxiety.

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dweaz,

Since your already SC'd for PTSD - you will not need to discuss a stressor again.

What you probably should concentrate on now is, how your SC'd disabilities

effect your daily life. That is what they will need to know.

jmho,

carlie

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  • HadIt.com Elder

You do need to stay in treatment and use the VA just to show you are still "with the program". The VA consideres that if you are not in treatment then you are either getting well or you are well. I am IU for 9 years. I still go to my VA shrink even though their is nothing they can do for me except document that I still have symptoms.

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