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A Year Into Claim

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MarWar75

Question

I filed for 100% April 24, 2011. After many IRIS inquires about my claim it was finally passed to a supervisor. Once it was passed to the suppervisor that same day a letter was sent to my previous employer. It also stated I need to send VA another form for a release of Dr. records. They said they contacted my VA Medical Center and a appt will be scheduled for me. So after a year and probably 8 IRIS Inquiries were only at this point? They also want statements in support of my claim that my PTSD has gotton worse. I filed for financial hardship in November and that was to expidite my claim. However, it seems someone dropped the ball.

I had a neurophycological evaluation from a private Doctor in January of 2011 for confirmation of a TBI. That Dr. stated due to my PTSD and recently diognosed TBI I should be considered unemployable. I have attempted to work 3 different jobs, was fired from a federal job and quit the other two. My TBI is not service connected yet. It has been under appeal since June of 2010. I am SC for PTSD at 50%. and other service connections for a total of 70%. My question is? Do you think because the private evaluation was for a TBI (which is not yet service connected) I still have a chance for 100% TDIU. The Dr. stated because of the TBI and PTSD I should be considered unemployable. I do receive Social Security Benifits for PTSD.

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I truly think you have a very good shot at getting awarded the 100%.

The RO is probably needing the release of med. records for your TBI Dr...Has that Dr written any opinion letter re the TBI as service related? If not, it'll be to your advantage to try to get an IMO since it's not SC yet. Has any of the Dr's mention about the possibility that your PTSD could be secondary to the TBI? I'm grasping anything here to help you out.

One other issue; Where you awarded SSD on PTSD alone? No other issue involved?

If it was awarded with PTSD alone, then that will defiantly help you also. Make sure the RO knows about it. I would get a copy of the SSD award letter just in case it's not part of your evidence in your c;file. The RO probably already have it, but make sure.

If your scheduled for a C&P exam coming up, take your paperwork from the TBI Dr visit with you. Hopefully, he'll be a cool Dr and take a gander at it.

Also, try to get some statements from family, friends, co-workers, yourself, etc...explaining how this TBI has been effecting you.

Write down any meds and how they effect you, like driving, drowsiness, hard time understanding things, forgetfulness.

Again, try to get an IMO from one of your Dr's.

If possible, get a letter from the job you were fired at to state why they fired you. That is if it had to do with your PTSD & TBI.

Coot

!!!BROKEN ARROW!!!

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Coot,

I was denied sevice connection for the TBI because it wasn't documented in my service record. I had a RPG hit the humvee I was traveling in and it exploded. We were still mobile so they told us to continue. Never lost consciesness but was dazed, so they never sent myself or my driver to seek medical attention. When submitting my appeal I attached my award for a combat action ribbion that stated I was in the explosion. The outside DR. said no doubt I have a TBI from an explosion. He is the one that deemed me unemployable for TBI and PTSD.

My social security award letter is solely for PTSD. I did submit my letter stating why I was fired from a Federal Position. It was do to PTSD related things and behaviors. However e benifits doesn't list everything received. i sent it but it's not listed. Should I resend everything ?

I have received 3 letters from family and one from a friend re: my PTSD and how it effects me I will be mailing thise tomorrow.

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  • HadIt.com Elder

I truly think you have a very good shot at getting awarded the 100%.

The RO is probably needing the release of med. records for your TBI Dr...Has that Dr written any opinion letter re the TBI as service related? If not, it'll be to your advantage to try to get an IMO since it's not SC yet. Has any of the Dr's mention about the possibility that your PTSD could be secondary to the TBI? I'm grasping anything here to help you out.

One other issue; Where you awarded SSD on PTSD alone? No other issue involved?

If it was awarded with PTSD alone, then that will defiantly help you also. Make sure the RO knows about it. I would get a copy of the SSD award letter just in case it's not part of your evidence in your c;file. The RO probably already have it, but make sure.

If your scheduled for a C&P exam coming up, take your paperwork from the TBI Dr visit with you. Hopefully, he'll be a cool Dr and take a gander at it.

Also, try to get some statements from family, friends, co-workers, yourself, etc...explaining how this TBI has been effecting you.

Write down any meds and how they effect you, like driving, drowsiness, hard time understanding things, forgetfulness.

Again, try to get an IMO from one of your Dr's.

If possible, get a letter from the job you were fired at to state why they fired you. That is if it had to do with your PTSD & TBI.

Coot

The letter from an employer will most likely cite performance issues, and avoid any mention or relation to PTSD or TBI.

It will take a doctor's opinion to connect the performance issues to either cause.

Why?

An employer (in general) cannot fire a person solely because they have a disability, or medical condition.

Next, if the employer happens to be a government contractor, or receives grants from the government, firing a veteran can "kick them off"

the "gravy train".

Not to mention minor problems such as fines.

A major problem with disabled veterans and the general disability/handicapped law environment is simply the VA's lack of promptness. The employment laws have a relatively short time (limitations statutes), often a year or less. The VA routinely takes so much time to service connect a disability that the time limits in the employment laws often have expired.

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Chuck75,

I was Civil Service and on probation. It would have been hard for them to get rid of me if I was Perm. Had 2 month left before perm. Even went to the Union Office.

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I would resend any evidence that doesn't show up on ebenefits, but keep in mind, sometimes it takes a couple of weeks for them to finally download items. Something else I would try to do, and that's take the letter (Feds) and take it to a "psychiatrist" to have it analysed in writing to show it was due to your PTSD, and send that in as well. This way, it leaves the rater without any doubts.

Is there any record at all that states your humvee was hit with a RPG? With that, you can at least show the chances of a TBI was very inevitable.

The outside DR. said no doubt I have a TBI from an explosion. He is the one that deemed me unemployable for TBI and PTSD.

Would he be able to write you a nexus letter stating this? This site has examples of a nexus in the forems here. If he isn't willing to, then ask him to put it in his office notes and get a copy it. But still, a nexus letter would be the ideal way to go. You can write one yourself and ask the Dr to sign it if he agree's to it. I'm afraid without this, it's going to hard to prove since you don't have any record of it in your SMR, or within a year after your ETS. The rater is going to wonder why you never had this checked out by a Dr for all this time. I'm assuming you have been out of the service a few years.

I had a neurophycological evaluation from a private Doctor in January of 2011 for confirmation of a TBI. That Dr. stated due to my PTSD and recently diognosed TBI I should be considered unemployable

Get a copy of this also to send in.

Coot

!!!BROKEN ARROW!!!

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So I received a call today from my local VA Medical Center. They schedule me for a C&P exam for tomorrow and Sat. All of a sudden things are moving fast. What do I need to be prepared for. It's for increase in PTSD for TDIU. I am currently at 50%.

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