tdiu Good, Not Good, I Don't Know

[abean]

Currently, fighting SC for my husband's schizophrenia. I've posted history in other post, but basically, have no smr's, but have a few different civilian doctors linking it.

Anyways, the appeal is pending and is at DRO review. The NOD was received on 5/11/11.

In the meantime, I had mailed a TDIU form in a few weeks ago just to cover my bases when/if he is deemed sc'd since he is on SSDI.

A week ago, I decided to be a smartbutt and mail in dr notes (that are buried way down deep in his c-file) highlighting in the places that show a link to service, and printed off a copy of the benefit of the doubt rule.

So today I get on ebenefits...

His schizophrenia claim is showing as still pending appeal, but his TDIU has went from received to the gathering stage.

It also shows it is awaiting something from a 3rd party which is a va med in chattanooga that my husband has not previously seen for schizophrenia. Right now, we are unsure if this is a C&P exam, or if they have sent his file for doctor to review.

It also said that it received the medical evidence that I had mailed in last week.

I know any movement is good, but was unsure of the 3rd party thing. He hasn't had a C&P for any mental illness in the past, but I had always thought that it had been because he sees his psychiatrist every 3 months anyways.

Is this good, not good, no big whoop....I don't know.

[Berta]

“Currently, fighting SC for my husband's schizophrenia. I've posted history in other post, but basically, have no smr's, but have a few different civilian doctors linking it. “

Were these formal IMOs that have been submitted to the VA in support of the claim?

Those opinions would only be valid if the docs actually reviewed the SMRs or could give a documented link to his service records.

It is amazing sometimes what one finds in SMRs, but it can take time if they are handwritten or have medical acronyms in them.

Do you mean your husband has no copy of his SMRs, or that he does but there is nothing in them regarding a nexus?

I have some great Vet friends with all sorts of SC MH disabilities. In one case, it was the veteran's 201 personnel file that contained a Captains Mass, that proved his inservice initial manifestation of his manic bi polar condition which he has been diagnosed with and treated for every since service.

Schizoprenia too often manifests itself in late teens or early adult years,often the very years one is serving our country. Has he been able to attempt to get some buddy statements of anyone in his unit that might have noticed the key behaviors and symptoms that this disability involves?

His military personnel file could reveal that maybe his symptoms affected the way he handled his work during service or the way he interacted with his superiors.

You mentioned SSDI. I was stunned to see the records SSA have gotten when my husband applied. He had been in 2 branches of service and they had all the SMRs and even VA medical records that VA told him they could find no record of at all.

I wonder if the SSDI records they (VA) obtained would contain the nexus he needs.But I fear the VA isnt going to take much time in going through those SSDI records if they are quite voluminous.

How soon after service was he diagnosed with schizophrenia as this is a chronic presumptive psychosis if manifested to at least 10% disabling within one year after service.

Benefit of Doubt only kicks in when the evidence is equally for and against the claim.

Edited June 29, 2012 by Berta

[abean]

The only SMRs we have are the ones that were in his c-file. We have recently made request for his SMR's and personnel file. We do know his AF records will show a few write ups for disrespecting authority.

The civilian doctor's notes are the doctors he's seen either in ER, mental hospital (not VA even though was eventually transferred to VA) and his current psychiatrist. He sees her every 3 months. She has in her notes that this is something he has a long history of and it probably started in late teens/early twenties. This is something I sent that I know they got from his SSDI file, but didn't bother looking at it. The other's detail his paranoia w/ his time in Gulf and w/ the govt.

We just found out that he does indeed have 2 C&P exams on the 9th and 12th of July. One is w/ psychologist and the other is for the TDIU claim (even though it's for schizophrenia too). I plan on going to the one on the 9th, and if my work will allow, possibly the one on the 12th.

Oh, and he wasn't dx'd until many years after service. He was in denial for long time and only got help when he was forced into hospital by police.

Edited June 29, 2012 by abean

[Berta]

To add -schizohrenia is a psychosis that can be service connected under the Chronic Presumptive regs too,if you can prove documentation of manifestation of the symptoms within one year after his service discharge to at least a 10% ratable level.

The link to the actual regulation is here as well as link to a SVR show we did with Dr. Bash and others as in the link.

[Berta]

"Oh, and he wasn't dx'd until many years after service. He was in denial for long time and only got help when he was forced into hospital by police"

I caught this after my last reply. Still, there could still potentially be something within that first year after service and no stone can be left unturned.

"We do know his AF records will show a few write ups for disrespecting authority." That might help his claim!

[abean]

Thank you for the replies! I'm hoping against hope that we get his smrs and personnel file before we go to exams

[Pete53]

Waiting for third party is either an opinion they have asked for or someone to sign a big check. Good Luck