ptsd Not Sure Where To Turn

[Jay]

I have been on this site for a while but new to posting. I am 90% disabled for PTSD and Bipolar II Mixed and currently going through a hard time. In the past I was turned down for TDIU and SSD because nothing in my records stated I couldn't work just my condition is guarded. I have no place in the area to get an IMO since I live in the booneys. My VA treating doctor and social worker have recently wrote short letters that may or may not help my case. They were reluctant to do so. I just left my last job because stress and panic it caused me on the job due to my PTSD. I was wondering if I can (appropriate) to share my two letters and get oppinions on how it may help or not help my case? The letters are about a half a page put together. I've been able to get employment but not maintain it. Thanks.

[Jay]

All

I will look for a letter in the mail and a change in my bankaccount. I checked ebenefits and itstill showing in development stage. Iwould expect this since I just turned in the following information in thismonth;

Sept 7, 2011 TDIU Application and Dr. Letters

Sept 21, 2011 Catastrophically Disabled letter

Sept 26, 2011 VocationRehabilitation not feasible employment letter

I won’t keep my hopes up since from past experience I havenever seen something processed this fast. Have any of you?

[Jay]

I just read that in M21-1MR, Part III, Subpart iii, Chapter 6, Section A

that a eligibility notification 22-8335 form is generated on the 13, 16, and 18 birthday of the dependent. In my case my child just turned 13 this month. So I think that is why I got the letter and not because I turned in the TDIU stuff. Well lets hope it still gets approved.

[Jay]

I receivedmore news today and wonder what everyone’s comments are:

I called my VFW Rep today who told me she found out by the RO working my casethat I have a TDIU claim on appeal already from last year ready to go to theBVA (they gave me temp TDIU but only for 6 months and it should have been for16 months back in 2008 - 2010 - doctors kept extending my disability from workbut the RO didn't have all the extensions only the original 6 monthsdisability).

I then put in a new claim for TDIU this month with new evidence mentioned abovein my first post. The RO said I couldn't have two TDIU claims going at the sametime. So

1) The BVA appeal will be the TDIU claim while

2) The TDIU I just put in September will be for an increase on my PTSD (schedulerI think).

Sometime later the VFW Rep calls back and says never mind what is going tohappen is the RO will look at the case again since the Voc Rehab not feasibleemployment letter is new and strong evidence (since that's what they do) as isthe other evidence I just submitted in September and try to make a decision inmy favor. If he can't fully make a decision then maybe give me TDIU but theother part would still go to BVA or not. He has to take a look at my case againso this may take a little while she said.

Oh there maybe a chance the retro would go back to the first time I NOD theTDIU, but I see this as a long shot.

I hope I didn't confuse anyone is this positive news?

[cooter]

Good to hear from you again Jay.

It sounds as if there was a screw up concerning the 2 TDIU claims. Which is obvious.

Was it because you understood us to submit the new evidence with another TDIU claim? The reason I'm asking is we (hadit) wants to make sure you weren't misguided in some way for your claim to be unnecessarily held up due to us. I think our response to the new evidence was; To make sure you submitted the evidence so it would be placed in your c;file to be considered as evidence for the existing TDIU claim.

I truly apologize if there was an misunderstanding from our side of it.

What I understand is now, they were going to change the recent TDIU claim as a claim for increase on the PTSD, but now it has changed to where RO is going to hold the first TDIU claim that was headed to BVA so the RO can take a second look at it. Am I reading you right? If this is the case, are they going to cancel the second TDIU claim as well too?

I'm asking all this because I'm trying to decipher this statement you just posted;

"If he can't fully make a decision then maybe give me TDIU but theother part would still go to BVA or not."

Which part?

Coot

[Jay]

Hello cooter good to hear from you as well

To answer your question no hadit didn't misguide me. I had put in TDIU claim in last year and put in another TDIU claim this month prior to asking any questions on hadit.

To better clarify the first TDIU was put in back in 2010 when I went on disability for 16 months. During this time I NOD the SOC because they only paid me for 6 months of disability rather than the full 16 months. This case then was being prepared to go to the BVA. So this was a temp TDIU case. Full TDIU was never granted.

I then went back to work. Then my SC caused me to get sick and got worse again and lost two more jobs the last one being this past September 2011. So I applied for TDIU again. This time I had a letter from VOC Rehab not feasible for employment letter, catastrrophic disability letter that I found that was dated from 2009 (and is still active), and two recent mediocre letters from my treating Drs. to hopefully help support my new claim for TDIU. Since I had a TDIU claim already on appeal to BVA they decided to make this new TDIU claim a schedular claim.

In the meen time, in September 2011, I got a Chapter 35 letter and pamphlet that I read usually comes prior to being excepted for TDIU P&T. But I also read it's generated during the 13 16, and 18th bithday of your dependents birthday. My son turned 13 in September. So I got all screwed trying to determine what is happening with my case. Did I get TDIU P&T. Apparently not because:

Today my VSO calls me and tells me that with the new evidence (VOC Rehab non feasible employment letter is apparently strong evidence) that the RO is holding off sending the c-file to BVA so he can take a look at the file in light of the new evidence. it's possible he can award me TDIU going back to my original 2010 NOD. He may also be only able to give me TDIU and not the retro pay. In this scenario he would grant TDIU but the reto pay would still have to go to BVA on appeal. So its a matter of him granting or deciding in my favor in full support or partial support of my claim or not at all. Partial would meen I get TDUI but my claim would go to BVA for 2010 NOD reto pay. This re-review will not be for schedular as it was originally setup to be it will be for TDIU 100%. (P&T I hope).

Hope this helps clarify it better? More comments welcome.

[Berta]

"the VFW Rep calls back and says never mind what is going tohappen is the RO will look at the case again since the Voc Rehab not feasibleemployment letter is new and strong evidence (since that's what they do) a"

The problem with that is, the VA is supposed to review everything before they make formal transfer to the BVA.

They have to answer many yes or no questions.Then the Rep or SO from any POA is supposed to review that form and respond with a 646.

The VA often lies on the form. I posted the form here somewhere -it is the I-8.

Did the VFW rep mean he/she is going to prepare a formal request for reconsideration?Or is the rep relying on their belief (since thats what they do)