tdiu Handling Your Own Finances

[Steppenwolf]

Yesterday when i met a new service officer and told him that i wanted to request TDIU he informed me that some mental health issues that are TDIU require someone else to manage finances.

Don't think i ever heard that before. If there are circumstances where this is true how do i find out what they are?

He also informed me that a NOD was the wrong way to ask for an increase in %.

[carlie]

Yesterday when i met a new service officer and told him that i wanted to request TDIU he informed me that some mental health issues that are TDIU require someone else to manage finances.

Steppen - only if the VA has proposed and adjudicated incompetency.

He also informed me that a NOD was the wrong way to ask for an increase in %.

Steppen - the above could be dependent on several things.

and different circumstance.

Example:,

If someone receives a rating decision that grants SC for a disability at say 20 percent and the medical evidence

of record in the rating decision clearly meets the criteria of 40 percent - then they should submit a NOD and request

the 20 percent be increased to 40 percent, per the medical evidence of record.

jmho,

carlie

[Testvet]

There are a lot of things that come to mind when did you first get awarded the rating that you want the VA to raise? Was it within the past year, was it longer than that? Has your condition worsened since you were first rated? Is there new medical records? If you have had issues with handling your money in the recent past a lot of unpaid bills, a car repossession, a home foreclosure a bankruptcy it aids the VA in proposing that you have a fiduciary appointed if they can say that you are "incompetent" and you don't have any of those problems then you should not have to have a "payee" other than you named I didn't care I trust my wife, but they didn't raise that issue with me at the C&P exam when I was rated at 100% for PTSD they did ask me some questions about my finances and I told them my wife paid all the bills and when ever I needed money I asked her for it the lady doctor busted out laughing and said I had a good plan already..... I never heard anything about incompetent again not everyone with Mental Health issues has to have some one named to handle their money but if you have a bad track record it ain't going to help you

[Steppenwolf]

Carli

"Example:,

If someone receives a rating decision that grants SC for a disability at say 20 percent and the medical evidence

of record in the rating decision clearly meets the criteria of 40 percent - then they should submit a NOD and request

the 20 percent be increased to 40 percent, per the medical evidence of record."

When does anything "clearly meet the criteria"? i say that with no disrespect to your feedback. In fact i appreciate everything that you wrote. It seemed beyond clear to me that my evidence met the criteria for 70% which was mentioned in my award. " Your award of 50% is based on X but doesn't met the criteria for 70% because you go to church" i'm not kidding. i was asked in my C&P: " Do you go to church?" i said yes. In the decision the "yes" turned into "attends church and other social situations" Hmmm i never said what church i "attend", how, or when or what for. i can say that more often than not i go to church when no one is there and will leave it at that. But i grabbed this off the internet:

Impairment Due to Mental Disorders

Degree of occupational and social impairment

as characterized in VA's medical criteria

Disability

rating

(in percent)

Totally impaired 100

Deficient in most areas such as work, school, family relations, judgment,

thinking, or mood 70

Reduced reliability and productivity 50

Occasional decrease in work efficiency and intermittent periods of

inability to perform occupational tasks 30

Mild or transient symptoms that decrease work efficiency and ability to

perform occupational tasks only during periods of significant stress, or

symptoms can be controlled by continuous medication 10

Not severe enough to interfere with occupational or social functioning or

to require continuous medication 0

Source: VA's Schedule for Rating Disabilities.

Note: The Veterans' Disability Benefits Commission is currently reviewing the appropriateness of

VA's Rating Schedule, including the criteria for mental disorders.

Before the DAV filed an NOD on my behalf i wrote a letter to VARO and asked for an increase based on the above information and underlined every place in the records where doctors and service records "clearly" mentioned all of the bullet points for 70%. VARO did not respond.

Edited June 11, 2010 by Steppenwolf

[carlie]

Steppen,

Looks to me like the decision maker used THEIR judgement on granting 50 percent versus 70 percent.

This maybe viewed as just a poor judgement call.

I would probably see if my MH provider - (if I have a good relationship with them) and show them the rating

decision to see if they were in agreement and if they aren't in agreement perhaps they would be willing

to provide you a very strong letter - pointing out (yes again) the symptoms that effect your daily life due

to this SC'd disability.

This letter could accompany the submission of a NOD for a higher percentage

OR

This letter could be submitted as additional medical evidence to accompany a request for reconsideration.

Be aware of any and all timelines imposed on VBA claimants.

jmho,

carlie

[Steppenwolf]

Testvet: " when did you first get awarded the rating that you want the VA to raise? " June 2009 retro 2001.

TV: "Has your condition worsened since you were first rated?" Yes. A 3 month university study and accompanying letter was added to my file in April 2009 during my C&P stating that my condition has kept me from working "for the past 39 years" Another complete psychological battery of tests and letter recommending that i file for SSDI was denied because i had not worked enough to qualify. Just put in for my regular SS and if the amount tells you anything i get $333.00 That same 1999 study claims that "gainful employment is not likely as the veteran's condition makes him likely to be a danger to himself, the employer and others at the employers place of employment" There are no less than four other letters from psychiatrists, psychologists, and therapists all stating "unemployability" There a letter from a forensic psychiatrist directly addressing the DRO's opinion stating that "clearly the person writing the opinion has no medical background and does not have a clear understanding of the veterans condition" And since June 09 all VA records support the unemployability plus there are two more IMO's and a letter from my psychologist at the VA circa 1971-73 ( the missing years ) i found him on the internet, called, spoke with him, sent him a copy of a letter that he sent to me on VAMC stationary asking me to come back to therapy. This 1973 letter was entered into evidence in Nov 2009 3 days before the deadline to get in any new evidence. He sent me a new letter " To whom it may concern..." stating that i was his patient at the Gainesville FL VAMC during those years that the VA claims i was not a patient.

One aspect of my condition is " spending money recklessly " but i have not had trouble in that area and that is also mentioned specfically in the university study and accompanying letter.

i called the 800 number yesterday and was told " They are working on a hearing date. " Does that mean this month, this summer, this year? i have no idea.

[Testvet]

who is your representative? a service organization or a lawyer? A good lawyer should be able to with that evidence push to get the right award with a lot of luck if you get it filed before the one year mark passes then a NOD is the right way to go you are still in the window just don't file it the day after the one year mark passes.......with as much money as you have at stake I hope you got a GOOD rep