ptsd Ptsd Claim & Tdiu Question

[Roly]

Couple of questions, please excuse me if I use wrong terms.

Background: I was granted 30% for PTSD in 2008 , added to 10% tinnitus; and wrote a NOD to put the effective date back to where I started the process, and objected to the 30% as insufficient. I wrote in the NOD that the private C&P exam psychologist they hired was a dismissive and rude jerk, and further requested that if a new C&P exam was called for that they not send me to that individual. The effective date was put back to 6/2006, which I accepted. Before my year to assemble stuff was up, however, they wrote a denial for the 30% disagreement. I had just sent in supportive letters from my wife, my only long time friend, and the counselor I had been sent to by the local Vet Center, for a year, but they had not been reviewed before the denial was sent to me. Then I sent in a form 9 requesting a BVA review. I have been waiting for this to be scheduled, expecting a circuit BVA hearing in Seattle.

So, yesterday I received a letter from Seattle Regional DRO saying that a private medical entity has been instructed to give me a new C&P exam, and that they hope to resolve my appeal in a fair and timely manner. This is not what I have been expecting. In fact so much time has passed waiting for anything from them that I started to feel that my chances of anything positive were shrinking. Is the new C&P exam to be seen as a good thing, like I suspect? Have they short circuited the BVA hearing?

Also, I have not seen anything in the TDIU information about age of the Vet. As I am 62, and retired from middling Civil Service. I got out of there at the first instant I could qualify, due to stress and anxiety, but did make it to minimum retirement. I would think that I could not go for TDIU since I did work for 30 years (including military time) until I could stand the BS no longer.

Thanks Roly

[Roly]

Couple of questions, please excuse me if I use wrong terms.

Background: I was granted 30% for PTSD in 2008 , added to 10% tinnitus; and wrote a NOD to put the effective date back to where I started the process, and objected to the 30% as insufficient. I wrote in the NOD that the private C&P exam psychologist they hired was a dismissive and rude jerk, and further requested that if a new C&P exam was called for that they not send me to that individual. The effective date was put back to 6/2006, which I accepted. Before my year to assemble stuff was up, however, they wrote a denial for the 30% disagreement. I had just sent in supportive letters from my wife, my only long time friend, and the counselor I had been sent to by the local Vet Center, for a year, but they had not been reviewed before the denial was sent to me. Then I sent in a form 9 requesting a BVA review. I have been waiting for this to be scheduled, expecting a circuit BVA hearing in Seattle.

So, yesterday I received a letter from Seattle Regional DRO saying that a private medical entity has been instructed to give me a new C&P exam, and that they hope to resolve my appeal in a fair and timely manner. This is not what I have been expecting. In fact so much time has passed waiting for anything from them that I started to feel that my chances of anything positive were shrinking. Is the new C&P exam to be seen as a good thing, like I suspect? Have they short circuited the BVA hearing?

Also, I have not seen anything in the TDIU information about age of the Vet. As I am 62, and retired from middling Civil Service. I got out of there at the first instant I could qualify, due to stress and anxiety, but did make it to minimum retirement. I would think that I could not go for TDIU since I did work for 30 years (including military time) until I could stand the BS no longer.

Thanks Roly

[*Bergie*]

Couple of questions, please excuse me if I use wrong terms.

Background: I was granted 30% for PTSD in 2008 , added to 10% tinnitus; and wrote a NOD to put the effective date back to where I started the process, and objected to the 30% as insufficient. I wrote in the NOD that the private C&P exam psychologist they hired was a dismissive and rude jerk, and further requested that if a new C&P exam was called for that they not send me to that individual. The effective date was put back to 6/2006, which I accepted. Before my year to assemble stuff was up, however, they wrote a denial for the 30% disagreement. I had just sent in supportive letters from my wife, my only long time friend, and the counselor I had been sent to by the local Vet Center, for a year, but they had not been reviewed before the denial was sent to me. Then I sent in a form 9 requesting a BVA review. I have been waiting for this to be scheduled, expecting a circuit BVA hearing in Seattle.

So, yesterday I received a letter from Seattle Regional DRO saying that a private medical entity has been instructed to give me a new C&P exam, and that they hope to resolve my appeal in a fair and timely manner. This is not what I have been expecting. In fact so much time has passed waiting for anything from them that I started to feel that my chances of anything positive were shrinking. Is the new C&P exam to be seen as a good thing, like I suspect? Have they short circuited the BVA hearing?

Also, I have not seen anything in the TDIU information about age of the Vet. As I am 62, and retired from middling Civil Service. I got out of there at the first instant I could qualify, due to stress and anxiety, but did make it to minimum retirement. I would think that I could not go for TDIU since I did work for 30 years (including military time) until I could stand the BS no longer.

Thanks Roly

It is positive, because at least you know they are doing something. As for age in the case of my good friend who at age 62 also applied for IU. His c&p exam stated he was unemployable, yet the rater chose to ignore the c&p doctors report. But, according to this reg they are not supposed to use age against the vet. You decide!!!

JMO,

Bergie

§ 4.19 Age in service-connected claims.

Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. Age, as such, is a factor only in evaluations of disability not resulting from service, i.e. , for the purposes of pension.

[Pete53]

Good place to bring up TDIU but it appears to me that the C&P is set to resolve either something open from your original claim or something they want resolved. When you accepted the rating earlier did you tell them that?

[Philip Rogers]

Roly - I see the C&P as a good thing. Technically, you shouldn't be going to the BVA yet. When that evidence submitted by your wife, only friend and vet center counselor was received, I believe, the VA was required to re-evaluate your claim and make a subsequent decision, which they rarely do.

You can apply for TDIU at any age.

pr

Couple of questions, please excuse me if I use wrong terms.

Background: I was granted 30% for PTSD in 2008 , added to 10% tinnitus; and wrote a NOD to put the effective date back to where I started the process, and objected to the 30% as insufficient. I wrote in the NOD that the private C&P exam psychologist they hired was a dismissive and rude jerk, and further requested that if a new C&P exam was called for that they not send me to that individual. The effective date was put back to 6/2006, which I accepted. Before my year to assemble stuff was up, however, they wrote a denial for the 30% disagreement. I had just sent in supportive letters from my wife, my only long time friend, and the counselor I had been sent to by the local Vet Center, for a year, but they had not been reviewed before the denial was sent to me. Then I sent in a form 9 requesting a BVA review. I have been waiting for this to be scheduled, expecting a circuit BVA hearing in Seattle.

So, yesterday I received a letter from Seattle Regional DRO saying that a private medical entity has been instructed to give me a new C&P exam, and that they hope to resolve my appeal in a fair and timely manner. This is not what I have been expecting. In fact so much time has passed waiting for anything from them that I started to feel that my chances of anything positive were shrinking. Is the new C&P exam to be seen as a good thing, like I suspect? Have they short circuited the BVA hearing?

Also, I have not seen anything in the TDIU information about age of the Vet. As I am 62, and retired from middling Civil Service. I got out of there at the first instant I could qualify, due to stress and anxiety, but did make it to minimum retirement. I would think that I could not go for TDIU since I did work for 30 years (including military time) until I could stand the BS no longer.

Thanks Roly

[john999]

There was a guy here who worked for the feds for 30 years and then retired and filed for IU. After many fights he got it. The point is that just because you retire from one job does not mean that in a year you don't want to go back to work and your symptoms now prevent that. Myself I did 20 years for the feds but took disability retirement. I will have my 30 year credit in in two years and will then get regular retirement which is not much. People thing federal retirement is great but it is poor for those under FERS. My crummy pension is fully taxable even as a disability retirement.

[Roly]

Good place to bring up TDIU but it appears to me that the C&P is set to resolve either something open from your original claim or something they want resolved. When you accepted the rating earlier did you tell them that?

Pete, and all,

Thanks for the responses

I only accepted the amended effective date, my NOD also objected to the amount of 30%, which is still the issue for resolution.

Could this be new C&P exam be to get more recent information for a BVA hearing, or is it feasible that the DRO could grant a % increase? If they deny a % increase, could I not still have a BVA hearing. since I requested that on the form 9?

Thanks, Roly