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A Year Into Claim

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MarWar75

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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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One other item that could, mabe, will, kill your claim, and that is; when you are greeted by the examiner and he/she ask's you, how are you today DO NOT reply with anything other than, "I haven't been to well" or "I feel like my life is falling apart"..etc..Do not say "I'm doing well" or anything that will make the examiner think that your feeling fine, because more than likely he'll write that down in his report. It's not a good statement for the rater to read. Just be yourself, and show the Dr's how you feel on the worst day you had. This is going to be a short visit, so make sure you spell it all out on everything that is effecting you. This short visit is going to make or break your claim!!!

Coot

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Good news, I had my C&P exam. It lasted 40 minutes. I brought in my other evals and my support letters from family and friends. The Dr. read through them briefly. He stated he knows the outside Dr. that performed my nueropsycological exam. Before I left the Dr. told me he didn't want me to stress out anymore. He was going to right his report and deem me unemployable. He said there is no way you can work. Lets just hope the regional office thinks so. Two Doctors same oppinion.

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That sounds really great!! Was the exam at the VAHC? If it was, wait a few days and go get a copy of it.

Coot

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I'm currently receiving SSDI for my PTSD, can I collect 100% TDIU also? I was told one of them would be reduced because I can't double dip. I'm not allowed to receive pay twicw for the same disability.

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You can receive SSDI benefits and service-connected compensation without any offset to either amount. However, if you receive a non-service connected VA pension, SSDI benefits will be subtracted from your VA disability pension.

Now, on the other hand; If your drawing Workers Comp. and apply for SSDI and is approved, then there will be an offset. But neither WC or SSDI will effect your VA SC compensation.

Coot

Edited by cooter
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