ptsd To Voc Rehab Or Not?

[westcoastlv]

Hello All,

History: My husband was awarded 50% PTSD back in July 2011. Part of the VA reasoning for not awarding a higher percentage was because he hadn't applied for SSDI or Voc Rehab. (BTW: I thought a veteran could only apply for Voc Rehab after they were rated, so using that reason for a lower percentage is ridiculous.)

As a result, my husband filed for an increase (we were advised that an appeal would take forever) which included a strong medical opinion for 100%. The claim is in development, and the VA has added many of the previous claim documents to the file such as the application for TDIU, personal statements etc. At the same time as filing the claim for increase, my husband also applied for SSDI.

My question is: should he also apply for Voc Rehab? We feel, as well as his doctor, that Voc Rehab will not be able to offer him any education or employment services due to the PTSD. (If that's their ruling, then it can only help his 100% plight).

I don't know where to turn in this application. The instructions say to turn into any VA office. Does that mean medical? I can't figure out how to apply online through E-benefits.

As a side note, when my husband received his initial rating letter, I put together a NOD. When we took it to the DAV, he said that a NOD would take years to resolve and advised my husband to file the increase instead. I haven't sent the NOD, however, I was thinking about changing the wording and submitting it as a Statement in Support of Claim because I feel like it has some good points. My husband also has a claim in for Dependents, both claims since August, and he hasn't received a VCAA notice for either to date.

Just looking for some suggestions from others that are more experienced with the VA than me.

[Berta]

I reads this so fast I didnt know anyone had responded !

"The DAV rep told us that the Nevada RO does not recognize Reconsideration Requests. It's either a NOD or a request for increase. "

This is Bull S--T!!!!

John 999 is right- a reconsideration request should be made.

Recon Requests can make things move faster if someone who gets the request at the VA can read.

I waited until the last week of the time frame for filing my NOD on a CUE claim because VA had acted like they were working on the Recon request by their responses (which were often bizarre)

but I concluded they just wanted to piss away my NOD deadline time frame making me think I didnt have to file a formal NOD.

I have been represented by the DAV as well as by the state Division of Vets affairs.

None of them above had a clue.

[Gulfvet45]

Reconsideration is done at the BVA level not RO. take some law classes on VA law. Do as some others has said and file the NOD. The rater was WRONG stating you had to file for SSDI or Voc for the higher rating. that is not a part of the regulations and you have a good case. He is adding to the regulation something not allowed. There are many court cases on this fact.

Reconsideration would be a good idea. Just remember the NOD clock is running. Don't wait until one week before time runs out to file the NOD. As I understand it you must have new evidence for a reconsideration. I have done reconsiderations and regular NOD appeals. I don't know if one is any better than the other. If you want a face-to-face you need to file a NOD and ask for a DRO Hearing. Reconsiderations can be faster than NOD/Appeal route.

Edited October 28, 2011 by Gulfvet45

[westcoastlv]

@Berta:

In the rating decision letter, under section 5 Entitlement to individual unemployability, it states: 'The record does not indicate you have applied for VA Vocational Rehabilitation services nor Social Security disability benefits.' This statement is included as one of the reasons to deny TDIU. The ratings are 50% PTSD, 10% Tinnitus and 10% Elbow.

So the initial claim is as rated above. Now there are 2 new claims, 1 for dependents and one for increase (at the advice of DAV). I prepared a NOD, but again, the DAV told us it would take years to resolve, so just file an increase instead. The 2 current claims are the ones that we haven't received a VCAA notice on yet (submitted in August 2011), and the 800# said they hadn't sent them.

After the initial rating, we went to see a VA Psychologist in August 2011, he again assigned a GAF of 45 (just like the original C&P). In the letter he wrote, he commented on 2 errors in the initial rating. Another statement says, "After reviewing the current medical records, it is my professional opinion that Mr. XX's current condition is 'more likely than not' related to the in-service condition. Due to the nature, severity and chronicity of Mr. XX's PTSD, it is my professional opinion that he can no longer maintain full-time gainful employment, nor can he sustain effective social relationships. Mr. XX's progonis for improvement remains poor, therefore his disabilities should be considered permanent."

Another statement the Dr made in the letter is, "Mr. XX has not been able to work since 2008 due to the nature, severity and chronicity of his SC'd PTSD. He has also been unable to go to school due to the nature, severity and chronicity of his PTSD. This also correlates with the 100% SC disability rating of the General Rating Formula for Mental Disorders."

We of course submitted this letter with the increase claim. Applied for SSDI in August 2011, included the Dr letter as part of the medical evidence. Now we don't know what to do about Voc Rehab. And, I am concerned about the NOD vs Increase. I wanted to submit the NOD, however, the DAV rep said it would take years and my husband didn't want to wait years.

Can I submit the NOD as a Statement in Support of Claim, and ask for an EED, or should I file a CUE, or file a formal NOD, or just leave it as is (increase). I don't want my husband to lose any benefits, only to get what he deserves.

[Pete53]

Reconsideration or DRO Review may be the same thing. They are supposed to review without asking but y'all know the VA you pretty much have to ask them to do their job.

[Berta]

Gulfvet45 said

"Reconsideration is done at the BVA level not RO."

That is incorrect. Read some VA case law ,take some courses from NVLSP on VA case law , and read the VBM.

And read some of the cases at the BVA that derived from reconsideration requests AT THE VARO LEVEL.

Also the VA certainly did not tell me I could not file a reconsideration request at the RO level so I did.That claim is presently under Nehmer and has been ready to rate since April.

Westcoast- in my opinion you should ask for reconsideration and make sure they consider those powerful medical statements.

But watch out that the NOD one year time frame does NOT pass without filing the formal NOD.

Edited October 28, 2011 by Berta

[Berta]

forgot to ask:

"This statement is included as one of the reasons to deny TDIU"

Can you tell us the other reasons?

In my opinion he certainly has a good chance at TDIU.

"We of course submitted this letter with the increase claim" if you mean the last decision-

did they list it as evidence and then consider it in the narrative? If not do you have proof of mailing it to them?

"In the rating decision letter, under section 5 Entitlement to individual unemployability, it states: 'The record does not indicate you have applied for VA Vocational Rehabilitation s...."

What is the date of that decision?