tdiu Blue Skies All Around Me!

[Hambone11B]

My SSD claim was denied the first two times because they didnt have all the paperwork for one, and 2, I didnt actually submit the claim until july of 2010. They just backdated it to March of 2009 because that was the last time I got paid by the army. It definitely helps to have a lawyer as he was the one that clued me in to the fact that the SSA didn't have all my files so I probably would've been awarded 3 months after I submitted. Instead I waited until it was in the hearing phase to hire one and then I won a month later.

[Mama Bear]

Blue sky's all around me... Makes me want to sing a song! Congratulations!

[Chuck75]

First, and Foremost, Congratulations!

I suspect that you do have cause to NOD low ball ratings.

There is a concern that has nothing directly to do with an NOD over low ratings.

70% for PTSD is at the heart of a potential problem. Seems that the VA likes to appoint fiduciaries for those with PTSD rated at high percentages.

(What the exact toggle percentage is, I don't know. It's obvious when a 100% PTSD rating s involved.)

A part of the process can be the VA administratively declaring a veteran with a significant PTSD rating incompetent. If you see any VA paperwork

that shows a VA desire to do this to you, IMMEDIATELY file a notice of disagreement. Next, contact a veterans law lawyer.

A recent court decision gives you the right to file and disagree. Until the Freeman decision, the VA was denying the right to appeal.

Unless I misunderstood the benefits page I believe theres more opened up to you if you are schedular as opposed to TDIU. If I'm wrong then by all means let me know.. Most of them are where they should be but a few are still underestimated and I want to get them adjustedwhile I still can file an NOD.

Actually I just looked again and it looks like if you are P&T more benefits are opened up. Either way I still want to get my percentages where they should be. Most of them are rated correctly but a few are still underestimated and I want to get them corrected while I can file an NOD.

70% PTSD

50% Sleep Apnea

20% DDD ( this I believe should be higher or should have a secondary claim added to it or however that works)

10% Cervical Strain (neck)

10% GERD (should be higher as my esophagus and stomach have esophageal ulcers and have heartburn everyday.)

10% Headaches (this most definitely needs to be higher as I go to the ER with headaches all the time and I spend sometimes 5 days a week sitting in a quiet, dark room because they are so intense and I am limited as to what I can take for them as most stuff that somewhat works I can't take anymore. This rating is what they gave me as opposed to giving me a rating for TBI)

10% Tinnitus

10% Hypertension (should be higher as I always get readings where the bottom number is over 110 consistently)

10%Left Shoulder Strain

100% TDIU granted

All of these symptoms are on record and my VSO rep didn't put on my original NOD where the ratings should be and why when we filed because she said it wasn't important even though I had already written it out. I even took the advice of the members on here and made sure the NOD disputes were short and to the point and it didn't even take up a half sheet of paper. She instead just wrote in the NOD that I disagreed with PTSD and TBI and said that everything would be checked again and they would increase the others if they felt they deserved it. I suppose you can say that its not important if I'm getting TDIU anyways but I don't see any harm in getting them where I feel they should be at.

[carlie]

Hambone,

Check your PM section.

[alphahec]

Congrats!!!

[Armyvet1987]

Congratulations Hambone!