ptsd Need Help/advice Asap

[HvyGns38]

Good day everyone,

As some of you may have read from my earlier posts, I mailed an NOD for meniere's disease and a letter for an extra schedular rating due to material interference with employment to the VA in early Nov.

The VA is sending me a letter re-opening ALL of my claims except for the PTSD because I just had an exam in Dec of 2009. Also, they indicate in their letter that they are working on my IU claim. I never submitted a claim for IU. Is this normal because I am at 90% and asked for an extra schedular rating (lawyer told me to do this)? I told the 1-800 # person who faxed me the letter I am about to get in the mail that I did not file for IU just the extra schedular rating and he said that all I needed to do was call them back and cancel the IU claim. Is this true, also?

I am going to be scheduled for a QTC exam in the future for "VA general medical examination" and a "VA Organs of Sense Audio Examination". What exactly is a the "general medical exam?" Is it just a physical or are they just looking for what I have claimed in the past?

I have no problem with being re-examined because my hearing loss is completely gone in my right ear and my knee is not getting better after 5 surgeries. And, even though I am not being re-xamined for PTSD, my Dr. has prescribed additional medications to control my episodes.

Sorry for all the questions, but I am confused and nervous about what is coming. I hope I just did not screw myself by requesting the extra schedular rating.

Here is a run down of what I am compensated for:

PTSD = 70%

Right knee

arthritis post

ACL reconstruction

with lateral meniscectomy = 50%

Right ear hearing loss = 10%

Tinnitus = 10%

Thank you so much in advance for everyone's help and guidance.

[broncovet]

I will take a guess that the VA interpreted your "material interference with employment " as an informal claim for IU.

I am not sure why your lawyer asked you to ask for a "extra schedular rating". This would normally be requested if you did not meet the

40/70 "normal" requirement for IU, as in here:

4.16 Total disability ratings for compensation

based on unemployability

of the individual.

(a) Total disability ratings for compensation

may be assigned, where the

schedular rating is less than total,

when the disabled person is, in the

judgment of the rating agency, unable

to secure or follow a substantially

gainful occupation as a result of service-

connected disabilities: Provided

That, if there is only one such disability,

this disability shall be ratable

at 60 percent or more, and that, if there

are two or more disabilities, there shall

be at least one disability ratable at 40

percent or more, and sufficient additional

disability to bring the combined

rating to 70 percent or more. For the

above purpose of one 60 percent disability,

or one 40 percent disability in

combination, the following will be considered

as one disability: (1) Disabilities

of one or both upper extremities,

or of one or both lower extremities, including

the bilateral factor, if applicable,

(2) disabilities resulting from common

etiology or a single accident, (3)

disabilities affecting a single body system,

e.g. orthopedic, digestive, respiratory,

cardiovascular-renal,

neuropsychiatric, (4) multiple injuries

incurred in action, or (5) multiple disabilities

incurred as a prisoner of war.

It is provided further that the existence

or degree of nonservice-connected

disabilities or previous

unemployability status will be disregarded

where the percentages referred

to in this paragraph for the service-

connected disability or disabilities

are met and in the judgment of the rating

agency such service-connected disabilities

render the veteran unemployable.

Marginal employment shall not

be considered substantially gainful employment.

For purposes of this section,

marginal employment generally shall

be deemed to exist when a veteran’s

earned annual income does not exceed

the amount established by the U.S. Department

of Commerce, Bureau of the

Census, as the poverty threshold for

one person. Marginal employment may

also be held to exist, on a facts found

basis (includes but is not limited to

employment in a protected environment

such as a family business or sheltered

workshop), when earned annual

income exceeds the poverty threshold.

Consideration shall be given in all

claims to the nature of the employment

and the reason for termination.

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the

Department of Veterans Affairs that

all veterans who are unable to secure

and follow a substantially gainful occupation

by reason of service-connected

disabilities shall be rated totally disabled.

Therefore, rating boards should

submit to the Director, Compensation

and Pension Service, for extra-schedular

consideration all cases of veterans

who are unemployable by reason of

service-connected disabilities, but who

fail to meet the percentage standards

set forth in paragraph (a) of this section.

The rating board will include a

full statement as to the veteran’s service-

connected disabilities, employment

history, educational and vocational attainment

and all other factors having a

bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54

FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3,

1990; 58 FR 39664, July 26, 1993; 61 FR 52700,

Oct.

[HvyGns38]

So, should I just ask the VA to drop the IU request?

Also, there were two parts to the letter they sent me, the first was that they were scheduling the exams and also:

1) Is evidence in support of IU by having my last employer fill out 21-4138 (?).

2) Evidence that would justify the extra schedular rating because it interfers with my employment.

The thing is, I have not been lost my job YET. Over the past few years I have missed a substantial amount of work because of my vertigo associated with my hearing loss and my PTSD. My work has been understanding, but their patience is running out. This is why I wrote the letter for extra schedular rating because of material interference with my employment because it is interfering with my employment.

I don't even know if any of this makes sense anymore.

[carlie]

As long as you continue to hold substantial gainful employment

I do not see a claim for IU being granted.

JMHO

[sharon]

When you stated that it effected your employment it became an inferred calm for IU. If that was not your intent, than simply withdraw the claim.

[HvyGns38]

Thanks, Sharon, that is what I just did. I called the VA and withdrew my claim for TDIU since that was not my intent. When I actually lose my job because of my disability, then I will file.

Thanks for everyone's advice and comments.

[broncovet]

Not so fast. I would not "run out and drop" your IU claim UNLESS you meet the SGE requirement, that is, unless you have had "substantial gainfull employment". This means you have had a "regular steady job" and earn more than about $10,000 per year, you probably dont qualify for IU. If you earned less, then that would NOT be SGE. Of course, you never want to lie to the VA about working, but if your employment has been sporadic or otherwise you earn under the minimum, then why drop IU?