ptsd About To File For Tdiu Help!

[ironsoldier77]

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.

[Notorious Kelly]

ironsoldier,

you're asking good questions.

This is very strong evidence for TDIU that you already have:

"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."

But it wouldn't hurt to get another statement or more from mental health professionals currently treating you.

1. File form VBA-21-8940 to get claim date established. You don't have to submit your evidence now. They will send a letter asking for more evidence.TDIU Online Form

If there's not enough room on that form for your treatment dates etc you can include it later.

2. Get statements from VA doctors stating that you cannot perform any job and why. Having current support can be helpful. Include the effects of medications if that has negative impact on working, the regularity of treatment appointments (what employer will let you have 1-2 days off a week?) and anything else. Don't be shy about how messed up you are.

More good info in this link TDIU posts on Hadit

[Berta]

"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."

and

"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"

The Voc Rehab statement should award you TDIU and the SSA might consider PTSD as an anxiety disorder (like VA used to do)in their official award letter-but then again- they called my husband when they awarded him SSA for PTSD and it was very clearly defined in that phone call and in his SSA records as PTSD.

I suggest you apply for TDIU right away and that you either attach the TDIU form directly to the NOD and refer to it in the NOD but better yet- talk this over with your vet rep-

file a Reconsideration Request instead (this does NOT stop the year NOD clock but could attain a proper decision faster than the NOD would-

and attach to the Recon Request a Copy of this from Voc Rehab (this evidence is Golden)

"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."

also

"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!"

Does the VA have your SSA records? Did they know of their existence and send you an authorization form to get them?

If so how did they opine on them in the decision narrative?

"The decision letter is dated April 29, 2010" Can you possibly scan the decision and attach it here (cover the personal stuff) as we need to see their exact wording as to the evidence they used and their reasons and bases.

Their decision sounds ABSURD!

[ironsoldier77]

Thank you everybody for all the great input! This is really helping alot. Please keep the info coming if you have any more! I will dig out my decision letter and post it here for you guys to see.

[ironsoldier77]

Is it possible that they would award me TDIU with P&T??

[Sapper]

Your case sounds almost exactly like mine. I just filed for TDIU myself, and I know exactly what you mean by "Wanting to beat the crap out of the people with bubble wrap" I worked in Sporting Goods, and when your fellow employees and customers "flag you" with pistols and rifles, it gets very irritating and nerve wracking. Needless to say I recently quit this job due to coming within seconds of a meltdown and things turning really bad. I feel you 100% on your case and I wish you the best of luck on it.

A question that maybe you could help me with on this is for your Social Security. I recently filed for this also, as reccomended by other fellow hadit users. How hard was the process, and timeframe? I'm just starting to get into this process and just want to go in fully prepared, and appriciate any advice you may have.

As with your increases for PTSD, I recently just got an increase in mine from 50 to 70%, brining me to a total of 80. Make sure you don't take no for an answer and appeal this denial. You could have just had bad luck with your rater, which seems to happen. I got lucky, even though the examiner told me that Route Clearance and Convoy Security "must not have been that stressful" he must have written some good notes and actually listened. I wanted to punch him after he said this, and just about walked out, but I didn't, and it was for the best. Make sure you go to your C&P exams looking just like you would at home. As someone once told me, "It's not a job interview" When I went out for my last appeal, I dressed how I felt. I made sure the doc could look at me and tell exactly how I was doing. Let the doc ask the questions, and give him only the answer. It seems that some people really can hurt their claim by talking too much about some stuff. (Not saying you shouldn't tell them how you feel, but some people get going on things that really seem to drift away from their claims) I'm not saying you did this, I'm just trying to give you advice so you have a heads up.

All in all I wish you the best, your forum here really hit home with how it matched up with mine. Keep us updated and I look forward to reading up on how things go for you. Good luck and Drive On!

Your case sounds almost exactly like mine. I just filed for TDIU myself, and I know exactly what you mean by "Wanting to beat the crap out of the people with bubble wrap" I worked in Sporting Goods, and when your fellow employees and customers "flag you" with pistols and rifles, it gets very irritating and nerve wracking. Needless to say I recently quit this job due to coming within seconds of a meltdown and things turning really bad. I feel you 100% on your case and I wish you the best of luck on it.

A question that maybe you could help me with on this is for your Social Security. I recently filed for this also, as reccomended by other fellow hadit users. How hard was the process, and timeframe? I'm just starting to get into this process and just want to go in fully prepared, and appriciate any advice you may have.

As with your increases for PTSD, I recently just got an increase in mine from 50 to 70%, brining me to a total of 80. Make sure you don't take no for an answer and appeal this denial. You could have just had bad luck with your rater, which seems to happen. I got lucky, even though the examiner told me that Route Clearance and Convoy Security "must not have been that stressful" he must have written some good notes and actually listened. I wanted to punch him after he said this, and just about walked out, but I didn't, and it was for the best. Make sure you go to your C&P exams looking just like you would at home. As someone once told me, "It's not a job interview" When I went out for my last appeal, I dressed how I felt. I made sure the doc could look at me and tell exactly how I was doing. Let the doc ask the questions, and give him only the answer. It seems that some people really can hurt their claim by talking too much about some stuff. (Not saying you shouldn't tell them how you feel, but some people get going on things that really seem to drift away from their claims) I'm not saying you did this, I'm just trying to give you advice so you have a heads up.

All in all I wish you the best, your forum here really hit home with how it matched up with mine. Keep us updated and I look forward to reading up on how things go for you. Good luck and Drive On!

[ironsoldier77]

Your case sounds almost exactly like mine. I just filed for TDIU myself, and I know exactly what you mean by "Wanting to beat the crap out of the people with bubble wrap" I worked in Sporting Goods, and when your fellow employees and customers "flag you" with pistols and rifles, it gets very irritating and nerve wracking. Needless to say I recently quit this job due to coming within seconds of a meltdown and things turning really bad. I feel you 100% on your case and I wish you the best of luck on it.

A question that maybe you could help me with on this is for your Social Security. I recently filed for this also, as reccomended by other fellow hadit users. How hard was the process, and timeframe? I'm just starting to get into this process and just want to go in fully prepared, and appriciate any advice you may have.

As with your increases for PTSD, I recently just got an increase in mine from 50 to 70%, brining me to a total of 80. Make sure you don't take no for an answer and appeal this denial. You could have just had bad luck with your rater, which seems to happen. I got lucky, even though the examiner told me that Route Clearance and Convoy Security "must not have been that stressful" he must have written some good notes and actually listened. I wanted to punch him after he said this, and just about walked out, but I didn't, and it was for the best. Make sure you go to your C&P exams looking just like you would at home. As someone once told me, "It's not a job interview" When I went out for my last appeal, I dressed how I felt. I made sure the doc could look at me and tell exactly how I was doing. Let the doc ask the questions, and give him only the answer. It seems that some people really can hurt their claim by talking too much about some stuff. (Not saying you shouldn't tell them how you feel, but some people get going on things that really seem to drift away from their claims) I'm not saying you did this, I'm just trying to give you advice so you have a heads up.

All in all I wish you the best, your forum here really hit home with how it matched up with mine. Keep us updated and I look forward to reading up on how things go for you. Good luck and Drive On!

Your case sounds almost exactly like mine. I just filed for TDIU myself, and I know exactly what you mean by "Wanting to beat the crap out of the people with bubble wrap" I worked in Sporting Goods, and when your fellow employees and customers "flag you" with pistols and rifles, it gets very irritating and nerve wracking. Needless to say I recently quit this job due to coming within seconds of a meltdown and things turning really bad. I feel you 100% on your case and I wish you the best of luck on it.

A question that maybe you could help me with on this is for your Social Security. I recently filed for this also, as reccomended by other fellow hadit users. How hard was the process, and timeframe? I'm just starting to get into this process and just want to go in fully prepared, and appriciate any advice you may have.

As with your increases for PTSD, I recently just got an increase in mine from 50 to 70%, brining me to a total of 80. Make sure you don't take no for an answer and appeal this denial. You could have just had bad luck with your rater, which seems to happen. I got lucky, even though the examiner told me that Route Clearance and Convoy Security "must not have been that stressful" he must have written some good notes and actually listened. I wanted to punch him after he said this, and just about walked out, but I didn't, and it was for the best. Make sure you go to your C&P exams looking just like you would at home. As someone once told me, "It's not a job interview" When I went out for my last appeal, I dressed how I felt. I made sure the doc could look at me and tell exactly how I was doing. Let the doc ask the questions, and give him only the answer. It seems that some people really can hurt their claim by talking too much about some stuff. (Not saying you shouldn't tell them how you feel, but some people get going on things that really seem to drift away from their claims) I'm not saying you did this, I'm just trying to give you advice so you have a heads up.

All in all I wish you the best, your forum here really hit home with how it matched up with mine. Keep us updated and I look forward to reading up on how things go for you. Good luck and Drive On!

Man, I was really lucky when I applied for Social Security. All I did is go online and apply. I got approved about a month later. First try! My sister-in-law has been battling SS for 3 years and just now got approved. She had to get lawyers and everything. I just got REALLY lucky! I would just go online and apply and go from there. I hear ya on saying to much in the C&P exams. I think thats what I did last time when I went in. On the drive out to the appointment my wife was driving and I was writing down notes of everything I wanted to say. I guess I said to much. hahaah. I feel alot more confident this time around because I actually have a diagnosis for the TBI.