ptsd Need Guidance/ Opinions/ Experience

[Joe01]

I am 50% SC: 30% PTSD,10% back, and others. I was just awarded SSDI with PTSD as the primary diagnose and back conditions as secondary. Haven't been working for over 9 months now do to my SC disabilities ie: back and neck pain, and also some PTSD symptoms. Asked VSO about applying for TDIU but he said that I dont meet the % requirements and we need to get PTSD to at least 50% to give TDIU a shot. I am aware of extra schedular rating, as far as i know it barley happens, and if it does happen,it will take forever. What should i do? Is it possible for a person to be increased from 30% to 70% or 100%?

If i dont request TDIU now and do it latter, lets say in a year, would the VA back the TDIU date to the date SSDI was approved?

[Philip Rogers]

Joe01 - file for TDIU "now" and enclose your SSDI decision. You should, at the same time, file for an increase in both your PTSD and back ratings. Also, your VSO is an idiot. jmo

pr

I am 50% SC: 30% PTSD,10% back, and others. I was just awarded SSDI with PTSD as the primary diagnose and back conditions as secondary. Haven't been working for over 9 months now do to my SC disabilities ie: back and neck pain, and also some PTSD symptoms. Asked VSO about applying for TDIU but he said that I dont meet the % requirements and we need to get PTSD to at least 50% to give TDIU a shot. I am aware of extra schedular rating, as far as i know it barley happens, and if it does happen,it will take forever. What should i do? Is it possible for a person to be increased from 30% to 70% or 100%?

If i dont request TDIU now and do it latter, lets say in a year, would the VA back the TDIU date to the date SSDI was approved?

Edited June 1, 2010 by Philip Rogers

[SLEDGE]

I went from 20 percent to 70 percent TDIU with P&T in one step.

P&T can be awarded with any percentage.

The RO will ALWAYS tell you that a 60 percent on one disability is required.

According to the rules and regulations, that's pure BS.

The only reason to lie to us is to screw us.

Nothing more than a confirmed disability is required to award TDIU with P&T.

sledge

[Testvet]

The VARO can and usually does pretty much what it wants when it WANTS to do it, if they don't well then it can be a long wait for a BVA Judge to make a decision I was intially rated at 50% a year later after I filed a NOD they gave me another 5 minute C&P and granted 100% P&T and retrod' the entire mess back the Dec 2003 in June 2009 after the BVA granted my CAD and Hypertension secondary to my SC PTSD they also used the Dec 2003 date as the effective date the VA has a lot of latitude with what they do and when they do it they do not have any dates to comply by only veterans have deadlines every VSO I ever spoke to told me I would never get CAD and hypertensions service conencted I did they were wrong that simple do not believe everything they "tell" you I even had one DAV rep tell me he knew for a fact that I didn't have a chance in getting my claim approved he had worked at the AMC for 7 years and he knew what he was talking about he wanted me to drop my claim and start over in May 2007 and ask for a 10% hypertension claim and after that was approved then file for the CAD claim and if I had listened to him I would have lost the Dec 2003 effective date and tens of thousands in back pay

[Joe01]

thanks for the replies guys. I want to add something. Before i posted this topic, i went to my VSO and gave him the SSDI Award letter to include in my ptsd nod, I have the nod since the beginning of this year, so im probably in for a loooong waith. i dont know if what i just wrote makes sense but my medication is just kicking in so.... i hope someone understands. ;)

[Berta]

"Also, your VSO is an idiot. jmo"

I agree with Philip-

File the 8940 form YESTERDAY!!!

As long as the SSA award is solely for your SC disabilities, you should be awarded TDIU. (Washington V Derwinski)

The TDIU retro date will be the date of the form they receive ( the 21-8940) but with the SSA award maybe they will use the SSA date if that is within one year prior to their receipt of the TDIU claim.

Personal example:

Husband was 30 PTSD since 1983.

Filed for hiogher rating and TDIU in 1992.

SSA award in 1993 solely for PTSD

VA award posthumously 100% SC PTSD P & T 1997.

VA Retro date 1991 (the EED from the SSA records.

Where do these reps come from? They are one of our biggest problems with our claims?

If they dont know how to do their job, why are they well paid to not do it?

Did this rep suggest you file a Reconsideration Request?

What is date of their last decision?

Fastest claim I ever had-

vet was NSC

vet had years of psychiatric private records for PTSD

vet had combat award on his DD 214.

Sent him 8940 to see if that would work- he had never filed a VA claim before but I noticed the 8940 form says Nothing at all about being some specific SC % to file it.

4 months later he got award -TDIU for PTSD.

It is the medical evidence that awards TDIU regardless of any SC % .

This vets claim went fast because without any VA med recs and with such extensive private records, the VA could not BS or fart around trying to manipulate any rating on his disability.

I dont know if he even had a C & P exam but obviously even if it was negative-his private evidence far outweighed it. He also got SSA too for PTSD.