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Social Security Denied...what's New?

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Posted

Veteran worked over 48 years and never applied for or received unemployment benefits as he always worked. The last 12 years has had many problems changing jobs back and forth between 2.

Put in VA claim in 05, and appealed a few times and was at 60% with PTSD @50% and Tinnitus @ 10% so vet receives 60%...still has VA claims appeals, however denied unemployment for "irrational behavior, and use of foul language and yelling and shouting co-workers and explosiveness!

" Denied unemployment so he had to file for regular SS benefits, and filed for SSDI. DENIED! So he has an appeal for SSDI and one for his IU. VA is doing nothing with his claim, knowing he is unable to find employment/therefore no job but they too refuse to act on this.

So now he sits more depressed than prior and waiting since 05/09 VA, and 11/10 SSDI to get some action.

He did a Congressional Inquiry with SSDI and they seemed to get response "SSDI will investigate." 2 months ago...VA says file was with rater and pulled for inquiry, so it will take forever to get back to a rater... WTF? He is VN vet awarded Bronze star with Valor...for combat, and states killing the enemy,,,yet VA and SSDI appear to think or believe he is OK? Or think maybe he will die while waiting? This is getting so old!!

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Posted (edited)

Need more info before I comment. As to his PTSD, I'd put in for an increase, if he's past the NOD deadline. The VA usually lowballs those ratings so he could get 70%, or 100%, if it's gotten worse or if they lowballed him.

As to his BS w/"V" device . . . don't know what that has to do w/anything. Kinda like combat vets saying they should have a higher rating, for PTSD, when in fact it has nothing to do with how bad they had it then, but is about how bad you/they have it now and tomorrow. Not saying this to piss you off but I just didn't understand the BS comment, that's all, unless it was to point out his great character, then.

jmo

pr

Edited by Philip Rogers
Posted (edited)

I agree with you PR.....

BS w V is a wonderful award but awards, once a SC PTSD diagnosis has been made -have nothing to do with attaining a higher SC rating.

"VA is doing nothing with his claim, knowing he is unable to find employment/therefore no job but they too refuse to act on this."

I think you are definitely reading too much into that.....

I think VA is so overwhelmed with the backlog,they don't really have time to be spiteful. The VA has over 900,000 claims ion process last time I checked

Not enough info here.

I assume he applied for TDIU with a 21-8940. I also assume he got a VCAA letter by now and has attempted to use IRIS,or the 800# or ebenefits to get some sort of status from time to time.

I also assume you meant he cannot collect unemployment workers compensation from the state.???.

Here in NY, even if someone is fired, I think they can collect UCC if they paid into UCC enough.

I already have Assumed too much...... more info needed here.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Posted
Need more info before I comment. As to his PTSD, I'd put in for an increase, if he's past the NOD deadline. The VA usually lowballs those ratings so he could get 70%, or 100%, if it's gotten worse or if they lowballed him.

As to his BS w/"V" device . . . don't know what that has to do w/anything. Kinda like combat vets saying they should have a higher rating, for PTSD, when in fact it has nothing to do with how bad they had it then, but is about how bad you/they have it now and tomorrow. Not saying this to piss you off but I just didn't understand the BS comment, that's all, unless it was to point out his great character, then.

jmo

pr

OK the bsv was to point out his active participation and documented he kept the enemy from advancing any further and killed enemy and a sabotage team sent them to help him found he had the enemy pinned down and unable to advance...showing a scarey situation and his reaction and ?remorse?guilt? fear? He was 30% PTSD appealed and got 50% and put in for an increase and denied and appealed...this claim is from 5/09...He turned into a monster and trying to state mental problems continue to get progressively worse...

Posted

Berta, Just trying to establish a stressor with fear(see response to pr below). MO does not allow unemployment benefits doesn't matter how many years you worked and never received benefits if you are agressive with workers and some managers...he filed they denied, he appealed, they denied, he appealed and they denied again as to aggressive loud vocal threatening comments to the staff at his previous job...

as far as his claim he was 30 appealed got to 50, put in for increase denied, Nod, Denovo, waiting on this since 5/09, and put in for TDIU post tx PTSD program.

over 2 years ago...hr went into PTSD Tx in Topeka Ks over 2 yrs ago...So his VSO (VFW) has told him RO rater has his file...for 3 months then put back in another area reviewing it, then back with a rater again now a few months...( Never heard anything about NOD results but if it keeps going back to a rater someone made some decision along the way...Right?)

I know there is a back log as so does he but rater to a VA person, back to rater...???

Also when he went into an inpatient tx program for for just over 7 straight weeks they finally gave him 100% for 1 month not 2 so he put in for the other week too,,,this was 7 months after the program...yes he was in over 24 days one month and continued to next month without a break for a total of 47 or 48 days for both months. They write on the statement the dates he is eligible from the 8th of one month to the last day of the second month, but only paid him for the first month.

He is unemployable all this time,,,hence his claims...so 5/13 will be 4 years for the initial request... BTW he waited 4 years with his original claim for PTSD and Tinnitus with the appealing too...just thought with mixed messages something would proceed faster now...yep I too can not assume anything with the VARO either...Got a head ache so composition is fragmented, sorry. Thanks PR and Berta.

Posted (edited)

"when he went into an inpatient tx program for for just over 7 straight weeks the"

Does he have any med recs from the inhouse program?

I assume you mean the PTSD inhouse program.

SSDI considered my husband's inhouse program stuff for their SSDI PTSD award.

And I used it for his posthumous 100% P & T PTSD SC award.

But it really was only a very small part of his PTSD treatment records.

Did this vet mention his PTSD meds on the TDIU form and how their side affects impact on his ability to work?

Lots to TDIU here.....can he come on board with us here?

My husband killed the enemy too. His main stressors actually had nothing to do with the combat. I know that sounds odd.First Wave,Rolling Thunder Ist MarDiv 1965-66- Danang . His stressor letter said 'combat and/or incoming as usual' in most of the monthly timeline he had to fill out.

I dont even know why he filed that out for the PTSD inhouse.

His main stressor was verified by a VA psychiatrist who was in Vietnam when his first stressor happened.

A vet only needs one verified stressor, which the vet you mention here, obviously has.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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