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Claim Is In Decision Review, I Have A Few Questions

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stever

Question

I am rated 50% for PTSD and also have a claim in for tinnitis which I filed for back in October of 2010. I have been waiting for this claim for tinnitis to be acted upon for awhile, I had a C&P done in January of 2011. I read the report and the medical opinion was favorable that my hearing loss and tinnitis was service connected but still haven't heard about my claim. I received ssd for my ptsd in May so I went and filed for IU back in June of 2011.

I'll try and make this as short as I can. The following is what what stated on my C&P report that I had in Dec 2011.They had me see the Audiologist, Physh and Medical

The review of this patient's clinical record and the personal medical history indicate that this patient is unable to continue performing activities consistent with his work experience and prior training in order to maintain a gainful employment. The patient is unemployable at least as likely as not secondary to mental changes secondary to exposure to traumatic events during the vietnam war.

I had an intern that did my C&P for PTSD which she confirmed my ptsd diagnosis

Axis I PTSD & MDD, Recurrent, Moderate

Axis II No Diagnosis

Axis III Refer to medical chart.

Axis IV Occupational problems, exposure to trauma, limited social support

Axis V GAF = 57

Her write up was pretty good I just think my gaf should have been around 50 where it has been all along.

My claim since they have read the report is moving along quickly. With all I have read about TDIU I don't have a clue as to how this is going to turn out..Can you give me some ideas? I recently read Carlie's piece on the extra scheduler case.I was hoping that they would bump up my PTSD to 70% is this possible?

I'm also on Meds and go to group counseling weekly with combat vietnam vets and see my DR. regularly.

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  • HadIt.com Elder

As I see it the most important evidence you have for TDIU is your SSD award letter for PTSD. You are already SC'ed for PTSD so the fact you can't work due to PTSD and SSA agrees with that is strong evidence. Tinnitus is a side issue. Given the facts the VA can just bump you up to 70% on the PTSD and justify the TDIU. They bumped me up from 30% to 70% to award me TDIU. This is one way they get around extra-schedular. The difference between a 100% PTSD vet and a 30%-50% PTSD vet is the ability to work and support yourself. That is what it boils down to.

John

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  • HadIt.com Elder

They can unofficially horse trade at the DRO Hearing/Review. For instance, drop the hearing claim for a TDIU claim approval. All you will get for Tinnitus is 10%. They do this with a wink and a nod.

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"I received ssd for my ptsd in May "

Did you check Yes to Question 18 on the TDIU form and explain this to them under Remarks (#25)

Or have you since sent them this information on a 21-4138 and have they asked you to sign an authorization form to obtain the SSA records?

The C & P is good but as John said, that SSA award could be crucial to a TDIU award.

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Yes Berta I did check yes, I remember you told me that a while back.

The va has copies of my ssd records, I'll keep you posted as soon as I hear something.

Stever

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I am in the same position, Got SSD approved for service connection only. applied for TDIU, been in decsion phase for 5 months now. We will just have to be patient. So far almost a year wait which I feel is fast.

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