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About To File For Tdiu Help!



Hello everyone! This is my first post here on hadit. I have been having a hell of a time getting TDIU. I was also one of the many people who were informed that you have to be atleast 70% before you can apply. Now that I know thats not the case I am going forward with this. I was reading posts here on hadit and ran across this VA Form 21-8940. I will be filling this out. Just to give a little background on my issue. I am a combat veteran of OIF. I was in the Army as 11B/Infantry. I have the combat infantry badge also. SC at 50% PTSD 10% tinitus ,60% total SC. I went through VA Voc Rehab shortly after I was released from active duty in April of 2007 and was found infeasable. Here is the exact words from Voc Rehab on why they can't provide services.

"In reaching my decision, I considered the following evidence: It has been determined that the achievement of a vocational goal is not reasonably feasible. The reason this decision was made is based on the severity of your conditions, your self-report and the documentation received from the feasibility evaluation conducted by (name left out to protect identity). It was determined that you do not have any transferable skills that would enable him to work. It was determined you are currently infeasible for employment services under Chapter 31 due to your severe limitations caused by your combined service connected disabilities. It is believed that your have significant disabilities that would be consistent with permanent unemployability and that you would have an inability to be retrained or employed. You are not feasible for Vocationale Rehabilitation and Employment, nor is it believed that other employers would hire you with the numerous limitations to employment."

I got a job in May of 2008 but had to quit in November of 2008 because I could not handle working with people. I was always on edge, didnt socialize that much and wanted to beat the crap out of alot of people that worked there because they though it was funny to pop bubble wrap, or drop heavy boxes and scare the crap out of me because they knew I had PTSD and was a OIF Veterean. I quit because I felt I was going to hurt someone or myself. So everything that voc rehab put in their report was all true. I tried to work for 6 months but enough was enough. It only paid like 9 an hour and my wife at the time was the bread winner. I have also been trying to get SC for TBI. I had to go through some very overwelming testing for 4 hours(cognative testing). I just got the results yesterday. Under Axis I it says Mild Cognitive Impairment likely associated with blast injuries. So now that I have proof that there is some form of TBI (atleast a 10% rating) I am going to my DAV rep next tuesday. We had previously submitted a claim for an increase for my PTSD and a claim for TBI. Both were denied. The decision letter is dated April 29, 2010. So should I do an appeal with a NOD and submit the new evidence of TBI, the 21-8940 form and go from there?? I was also awarded social security disability last year because of PTSD. The question I have about the SSD is this. If my SS records dont say PTSD and it only says anxiety disorder, is that going to be a problem. I am going to the SS office tomorrow to get all my records to see what they have documented as my disability. I hope it says PTSD due to combat experience. If it doesn't, can that be changed?? I've heard rumors that it has to say PTSD, not just anxiety disorder. I find it hard to believe that with all this evidence I have been denied in the past. Especially since Voc rehab says im unemployable and IM on SSD. My GAF score under AXis V is 55, mild to moderate impairment. Another interesting note from the TBI results states this, "Unfortunately the prognosis for PTSD with mild TBI is worse than the prognosis for PTSD without brain injury. Most of the treatments for PTSD involve learning new strategieis for managing the symptoms of PTSD, and when learning is impaired, progress in treatment may be slowed. Continued treatment for depression, insomnia and PTSD is recommended. He is also being seen in speech pathology for cognitive rehabilitation and this should be continued until maximum benefit is achieved. With the recent loss of his employment, a vocational rehabilitation referral may be warranted, depending upon his progress in the PTSD outpatient treatment program."

I have already tried to re-apply for VA Voc Rehab but I got a letter in the mail saying I was declared rehabilitated on February 10,2009. I requested an Administrative Review and I got a call from the counselor at voc rehab and she explained to me why they cant help me. They dont even have my records anymore! She said that the VARO in St Pete requested my records. So now St Pete has my Voc Rehab records. She also said that they have recieved them but never put them in the system, whatever that means. I am still unemployed and go to VA appointments every week. I have to drive an hour to and from everytime I go. Thank god for travel pay!! Even if I was offerred a job by some miracle I dont think they would hire me because I have so many appointments. And since my PTSD and TBI are considered worse when combined together I think I have all the evidence I need to get 100% TDIU if not 100% P&T! Im apologize for this being so long, I just really need some good solid advice in this matter. Im almost at the point of giving up if it doesnt get approved this time. Do you think I should get 100& P&T? Or is that unrealistic?? Thanks again! If you guys have any questions, please feel free to ask.

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Ironsoldier- sounds like you have a good start.

Don't worry about what the Social Security paperwork says. Just focus on meeting the VA criteria for your afflictions.

Sounds like IU is strong, but are you in any treatment for PTSD? That can help.

Ok. Im still curious as to what they put down as a disability for my SS. And yes Im going to the VA here in Pensacola for treatment for both TBI and PTSD. I just finished a PTSD education group and am about to start another group very soon. I see my psychiatrist and psychologist freguently. I also go to speech pathology once a week for the TBI issues. Im always going to appointments for PTSD. Im at mental health alot. I was issued an ipod touch and a gps from the TBI clinic. The ipod really really helps me keep track of all my appointments. I would be lost without it and always forget when my next appointment is. The GPS helps with the anxiety of driving to all my appointments. Pensacola is a decent size city and there are some bad areas. Im always afraid of getting lost.

On the issue of 100% P&T. Is that something you put in a claim for?? Is there a certain form for it, or do you just tell your rep that you want to try for P&T. I know IU is more realistic at this stage but as bad as my disabilities are, I don't think I'll ever be employable. Do you get any benefits with IU or is that only with 100% P&T? Im sure this has been asked a dozen times, so here I am asking again. Thanks for the reply!

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Like kelly said focus on VA issues and diagnoses for VA. Put in a claim for TDIU with the VA. Total Disability Individual Unemployability. It will take a long time, so you may as well put in for it now to protect your date. Remember the VA only grants on VA reasons, and SSDI on any illinesses or medical conditions/diagnoses which validate you cannot work. Don't listen to others regarding% issues, put in the claim today.

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Ok I will focus just on the VA stuff. Should I just put in an authorization to release information for my SS records and leave it at that? I know the VA only really cares about VA stuff, but it can't hurt right?? The only reason I keep bringing up the SS is because the counselor at Voc Rehab suggested that I use that as ammo. I don't want to leave any evidence out that might help.

Will the VA make me go through another C&P exam? Since my TBI evidence is pretty cut and dry and im not asking for an increase in my PTSD. I dont see why they would need me to go to another c&p exam.

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Will the VA make me go through another C&P exam? Since my TBI evidence is pretty cut and dry and im not asking for an increase in my PTSD. I dont see why they would need me to go to another c&p exam.

Sounds like you have a very STRONG case for TDIU! Yes, you will have to go to another C&P exam because filing for TDIU is actually filing for an increase!

Good Luck with everything....hang in there....things will get better for you and your family!


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