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To Voc Rehab Or Not?

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westcoastlv

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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.

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This might help you-

We have a member RAkkwarrior who is a DAV NSO and has filed Requests for Reconsideration at the VARO level.

He hasn't been here for a while but his email addy (if you click on his name in the Member list here) might still be open.

Tell him I sent you because of his expertise with Recon Requests.if he asks.

Or go to Military.com and join the site, then go to Communities, then to Discussions, then to Veterans Issues, then to Disability Comp forum and try to reach him in your header and he or Dave Barker will respond to you.

I forget if Mil.com might have an email contact area for him too.

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Also

M21-1MR, Part III, Subpart ii, Chapter 2, Section E contains info as to how the ROs are to handle reconsideration requests.

My downloads of M21 1MR are too extensive to post or attach here.

If you Google M21-1MR Reconsideration, then that entire Section above should pop up and help you.

M21-1MR is the Manual that all VAROs use in order to comply with basic VA regs and case law.

I have used parts of M21-1MR many times as evoidence for my claims to show them how to properly handle and award the claim.

I also used 1 or 2 excerpts from M21-1MR for my pending CUE claims.

It is a legal error for the VA to misconstrue, avoid, or misuse applications of M21-1MR regarding claims.

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@ Berta,

Thank you so much for the direction. I have already reached out to Rakkwarrior, just awaiting a resonse. I am currently trying to remove all of the personal information from the NOD, decision letter and Dr's letter. When I'm done, I would really like to send it to you to look over so you can get a clearer idea of what we're trying to do here. If that's ok.

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If you can scan it and post here as attachment I and others can read it all to give advise on how to proceed.

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Ok, I have finally managed to combined all of the relevant information. My husband was adamently against me posting his actual documents (even with personal info removed) so I have compiled a hybrid of theNOD letter, the Decision Letter, the VA Nurse Memo, last employer statement and Dr.'s opinion letter (done after claim rated at 50%). Oh, I hope all of this makes sense.

We are in a quandry as to whether or not to file a NOD (already filed for an increase).

Edited by westcoastlv
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Thanks for the quote in the attachment as to exactly what VA stated as to Voc rehab and SSA.

We are not being newsy when we ask to see the actual decisions.

Last week, after replying to a vet's posts here from time to time over the last 3-4 years on a problem he had with his claim-

I had based my opinions on 2 specific statements he said the BVA had said in their decision.

He had said he didn't know how to attach documents here.

My time helping him was wasted and worse yet- so was his- as the BVA distinctly stated something completely different when I finally -last week- learned of the actual wording in his decision.

He has apparently lost any chance to appeal those BVA decisions.

We could have helped more if we had seen the actual documents he had from the VA.

That happened to me many times here and even with local vets and widows I used to help-

because what one says the VA stated might be quite different when you get used to VA lingo.

It can be overwhelming at times to comprehend VA lingo but it is their words that often can be used against them.Which I sure have done many times.

I suggest this-

find a better vet rep-one who would be willing to send a 21-4138 themselves in support of this:

'This is a Request for Reconsideration on your decision dated XXXX regarding my disability of XXXXXX.

If this request and the enclosed evidence does not garner a proper award of TDIU, please consider it instead as a timely filed NOD.'

And then state the statements you made in the NOD.You did a very good job there.

I only briefly read the attachment but it did seem to make your points well.

I suggest to list the enclosed evidence at the bottom of the NOD/Recon Request.

Maybe this will help-

I am preparing a legal matter for a number of disabled veterans and me- regarding something that is a non claim matter.

We are seeking a class action resolve.

At each point in my complaint I put Exhibit A,B,C, D etc to correspond to each point.

At the end of the complaint I will have an Exhibit list and brief description of each of the Exhibits, how many pages each exhibit entails, and my name and address on each page.

For the Exhibits themselves I have used colored labels to Mark each one as Ex. A, B. and C etc.

Today I need to review the entire complaint to edit for any extemporaneous information as it is 5 pages long and

I might be able to peal it down a little.

I had to disregard dozens of emails from these veterans, using only 2 as Evidence , and condense somehow, how my personal evidence supports their position too as we are a class of similiar situated individuals.

This format is exactly how I prepared all of my past VA claims and all of them succeeded except for an old one rendered moot by a different award.Which is now part of my pending Nehmer case.

Put the veteran's name and address on every single page as well as his C file number for the enclosures.

Total the enclosures at the bottom of the NOD/Recon request at end of the Exhibit list.

Mail everything with a proof of mailing.

I always use USPS and pay for tracking slip and then a few days later I print off the USPS tracking slip proof at the USPS web site of receipt by the VA.

The VARO Buffalo had the audacity to remove my most critical evidence from my C file on numerous occasions years ago when I FTCAed them for wrongful death.

They removed ,or destroyed evidence I had proof they had, and withheld it from the VA Office of General COunsel and from the Strategic Health Team in VA Central Office,DC, and even kept this evidence from a VA C & P doctor.(who was stunned to find that out)

I have no faith or belief whatsoever that my VARO can handle anything I send to them properly.

Fortunately all of above worked out OK when I stopped believing the VA would actually consider my evidence or even put it into my C file without tampering with it.

I actually obtained all of my ancillary awards for my 2010 award by bypassing my VARO and contacting other VA entities for those benefits and it worked.My VARO stated to me in the award letter that those benefits were not due me.

They totaled close to $100,000 when I got them.

Good thing I don't buy what they are selling most of the time.

And this is why I feel your husband should seek a good vet rep.

To make sure that VA does receive all of your evidence and also considers it properly.

The reps I had (who I also did volunteer work for) worked behind my back to support numerous erroneous decisions from the VARO.Long story and they (the reps) paid for that)

In spite of my problems however -I know there are many good ones out there to help you.And they will keep a documented record of your dealings with the VA.as a back up if you need it.

In MOST cases however evidence is properly handled by ROs.

If they fail to list any evidence as Evidence,in the decision,and it directly bears on the claim, it can be resubmitted for them to consider.

My husband was 30% and went to 100% P & T for PTSD (posthumous award) so regardless of your husband's present rating, as long as he has formally applied for TDIU, they should consider him for it with all the evidence they have.

He should definitely apply for SSA disability benefits and if the SSA awards solely for his SC disability- this is excellent evidence of TDIU.

My husbands first SSA award took 4 months,(for a Sec 1151 disability)

but we filed for reconsideration and then 4 months after that they gave him PTSD SSDI benefits and rendered the other award moot.(also it is now an AO disability)

Oddly enough they (VA) ignored the SSA findings but based their award primarily on his VA psyche records and a letter from his psychiatrist.

And the testing results I submitted to them myself (that were for some reason not in his med rec file) ?. His Psyche doc gave to me all test results for to me to submit.

You might need to check to see if your husband's med recs from VA contain all the info they should contain.

I have seen the DAV and the AL use this type of 21- 4138 in BVA decisions that the RO challenged saying the NOD was not filed on time when a Reconsideration Request had been made.The reps had, at time of the request, filed the 21-4138 they prepared in order to preserve the NOD filing period of one year.

The Voc Rehab and SSA statements ,as yuou quoted them in the attachment, are not reasons they denied as much as reasons they could not award.

Seeing their actual words in the attachment helped me understand what they actually said.

He should definitely apply for SSDI.He might get SSDI award sooner than TDIU and he can use that SSA award -if solely for his SC disabilities- as evidence for TDIU.

Edited by Berta
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