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About To File For Tdiu Help!

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ironsoldier77

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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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Man, I was really lucky when I applied for Social Security. All I did is go online and apply. I got approved about 4 months 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.

Get VA documents submitted to SS that show you are already disabled. Every little bit helps. SS will send you paperwork for your family, friends, or loved ones to fill out and describe YOU. Make sure you get someone to do this. Someone that knows how your are, and have seen you at your worst. My wife did this for me and she told them all about how messed up I am. Just have them be honest and don't lie. Evidence, evidence, evidence. I filed for my SS right after I quit my job, so I had that going for me. I wrote down how I couldn't handle working with people because of my PTSD and such.

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Im still curious as to what they put down as a disability for my SS.

iron,

If you have been awarded SSA benefits, it should state somewhere in the SSA paperwork, what

SSA adjudicated as your disabling conditions.

Hopefully these are the same conditions you are SC'd for.

Yes, I would provide the VA with a signed ROI for SSA to release your info to VA.

I would also submit and provide the VA with a copy of this information on my own.

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iron,

If you have been awarded SSA benefits, it should state somewhere in the SSA paperwork, what

SSA adjudicated as your disabling conditions.

Hopefully these are the same conditions you are SC'd for.

Yes, I would provide the VA with a signed ROI for SSA to release your info to VA.

I would also submit and provide the VA with a copy of this information on my own.

I went to the SS office yesterday to get a copy of my records and you have to PAY to get them! They want 70 bucks. I was able to find out what they had for my disability though. The woman looked up some code and said it was "anxiety disorder". I am going to do the ROI and hope the VA does their part and actually gets them.

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