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What To Do About Claim?


USMC_HVEQ

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Hi,

I am more or less venting at this point. I am extremely aggrevated with the Boston VARO. I filed a claim back in November 2009 for an increase in PTSD, bilateral shoulder subluxation & sleep apnea. I am sc'd on ptsd & shoulders but not on sleep apnea. I thought the sleep apnea may be caused from my obesity or my HTN (high BP). I had C&P exams in Feb 2010 for PTSD. Everything in the C&P results points to increase from 50 to 70% for PTSD. I am okay with that. My shoulders C&P exam, the examiner put down my ranges of motion and pain levels, not much else since most was already in the records. So, I'm doubtful that anything will change there, but i am optomistic. Maybe 30/20 vs 20/20. Now I am also SC'd for HTN @10% & Tinnitus @ 10%. When I thought my sleep apnea may be due to my HTN, they had me in for a C&P exam. I was not aasking for an increase in HTN, which is basically what that doctor was looking for. I am currently on medication for it. It was diagnosed in service. Those were the only C&P exams i had done at that point in Feb 2010. I was still waiting on my sleep study to see if Indeed I had sleep apnea or not. I had this done on March 31, 2010. The results basically said yes, you have sleep apnea. About 3 wks after, the sleep study, I rec'd my C-PAP machine from the VA. Now I am not currently SC'd for sleep apnea. I thought it may be due to my obesity (from weight gain in PTSD/depression or HTN). I still don't know where that stands. I filled the VACC or VAAC form and sent it back to the VARO saying ok, you have everything. So another month goes by with no news or anything. I signed up for eBenefits and noticed another claim dated 2/17/10 for TDIU. I never filed the claim. I inquired and the VA stated, that since I mentioned sporadic work over the past 2 yrs, they filed the TDIU claim for me. Now that is all well in good, that they finally thought of TDIU for me. I'd rather be 100% schedular and reserve the right to work. I am currently in a union, which accountants for the sporadic work. I also changed careers due to my PTSD to construction field. So, with finding out that news, I rec'd the TDIU paperwork a few days later. I respond asking that this claim be withdrawn. I knew this would hold up my prior claim from Nov 2009. I have also filed numerousVA IRIS requests asking that the TDIU claim be withdrawn. The IRIS response stated the VARO have rec'd my request in writing and via the IRIS response to withdraw the claim. I keep check and checking to see if anythign has been done. My most recent IRIS response this week stated, they don't have my records. My claim records are still at the VA where the 3 TDIU C&P exams were ordered. I attended 1 of them and told the examiner, I never put in for it. The exam went very quick. She stated she was to only address TDIU. I thought it may have been for sleep apnea, that is why i went. I tried to call the lady that originally set up the appointments to tell her I wasnt going to the others, because I had already requested this be withdrawn. This is the biggest run around! Like WTF!! Why cant the friggin VA clinic send the records back to the VARO Boston, so my claim can move forward. This has been going on for almost 2 months, but i just found out about it. Sorry for the long post & rambling. To all, who took the time to read this, thank you.

What the hell do I do now?

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Well Joe, that is the thing. I have had other claims and stated many times I wasn't working but this is the first time they took it upon themselves to file one. Now becuase of it, it is slowing my original claim from November 09 down, plus the VA clinic or hospital where the other appointments were scheduled for June, are still there! So until they get back the files, they can't do anything!

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Old Joe,

Thanks for you comments. It is sometimes therapeudic to vent. I thank everyone who reads or comments on my posts. If i can ever help some, then it was worth it. I'm going to go to the VA hospital & then the clinic on monday to make sure the VA claim isnt still there. I figure if I politely ask to have it forwarded and a slight oversight was done that my case can move forward. The constant rhetoric of your claim is on time, is just blatant bogus. The last 2 IRIS responses I had rec'd were very informative. The first one told me that the TDIU claim was holding up the other claim. The 2nd one informed me that the VA claim folder was never returned to the VARO and they were waiting for it to proceed any further. I'm sure plenty if not thousands have gone through the same if not worse run around. Thanks for listening (really for reading) these posts.

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My VSO told me that I should not submit any more caims, because it would make all my current claims come to a grinding halt.. and that I can submit them when these claims are finsihed..

Old Joe,

Thanks for you comments. It is sometimes therapeudic to vent. I thank everyone who reads or comments on my posts. If i can ever help some, then it was worth it. I'm going to go to the VA hospital & then the clinic on monday to make sure the VA claim isnt still there. I figure if I politely ask to have it forwarded and a slight oversight was done that my case can move forward. The constant rhetoric of your claim is on time, is just blatant bogus. The last 2 IRIS responses I had rec'd were very informative. The first one told me that the TDIU claim was holding up the other claim. The 2nd one informed me that the VA claim folder was never returned to the VARO and they were waiting for it to proceed any further. I'm sure plenty if not thousands have gone through the same if not worse run around. Thanks for listening (really for reading) these posts.

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  • HadIt.com Elder

VSO is right unless additional claims can be linked to what is there now. Most of the time I would wait until I got an answer on original claim

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In my case Pete,

I didnt file the additional claim, the VA filed it for me. I was like wtf! I knew it would slow down my original increase claim from November 09. When I found out about TDIU claim in May 10, although the TDIU claim is from feb, 17, 2010. I immediately asked for it to be withdrawn numberous times.

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  • HadIt.com Elder

USMC the VA is actually supposed to do the "inferred claims" which is what your TDIU claim is considered if your PTSD is causing you NOT to work rather than NO work being available then you are entitled to TDIU and if you do manage to get 100% schedular for PTSD one of the criteria's for it is the fact that we are considered "unemployable" and not able to work "mental health" diagnoses are the only ones held to that standard as it is part of the criteria to being awarded the 100%

if you do get awarded 100% schedular for PTSD then working a job will cause you all sorts of problems with the VA, there are a lot of debates of the issue about PTSD veterans working after being awarded 100% and in some circumstances a family owned business investment property etc are they considered allowable if you get 100% from the VA then you should file a claim with SSD or even if you get TDIU

if you want the headaches the VA will cause you over working if granted 100% for mental health it is your life do what you want but just know ahead of time you are just asking for trouble

I am amazed at how many veterans fight for years to get rated at 100% for PTSD and then start talking about "going back to work" why fight with the VA for a 100% rating then? The award is not permanent until a veteran has been rated for 20 years and no fraud is involved I haven't worked since June 2002 and I really doubt if I live until June 2022 will I even have the desire to go back to work knowing mentally and physically I can't I used to work for the post office "going postal" describes my life I doubt I will live that long due to heart disease but who knows but at 67 I don't think I will want to go to wal mart to be a door greeter I can't stand people that much

but if you get the 70% and decide to file a TDIU claim then I suggest you file your claim for SSD at the same time depending on your wages for the past decade you could get about 2000 a month from SS and 2700 a month from the VA even if you got 1000 a month from SSD and 2700 from VA it is normally all tax free it depends on entire taxable income so a spouse income has to be considered me and my wife live real decent on the benefits

SSD is different for each of us as it is based on YOUR income and a lot of states have great property benefits for 100% disabled vets and free license plates there is a lot that comes with the TDIU or the 100% P&T ratings and you need to see how YOUR state deals with them

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