Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
vetmp

Would Like Advice Ptsd Appeal

Question

Hi, I went through the claim system years ago and originally was rated 10% for my back 10% PTSD. I appealed and was award 30% on PTSD. That decision was in Feb 2011.

Since then I have gone through a lot of different problems in my life, the worst being arrested for DUI in April 2011 and then drunk in public a couple months later. I rarely drink now, for the record. I've had issues with interpersonal relationships and being an xxxxxxx to a few friends who don't speak to me now. I was awarded Vocational Rehab but I have dropped out 3 of 4 semesters due to injury or stress from my ex over child support, contact with my son and her wanting to go after what little compensation I have right now. I also was living in a caustic environment because housing is so expensive here. The only other thing that keeps me afloat is my photography. I get occasional work for that. It is the only thing that gets me out of the house except for the occasional surf session.

I have not been able to find employment since being laid off in 08/2008. My Voc Rehab rep has restricted me on what type of jobs I can have. I used to be in Sales, after I got out of the Army but they feel it is a stress inducing job (I don’t disagree), I have tried to obtain employment in several different fields Office Assistant, Bank Teller, etc. I think my age and lack of experience, combined with high unemployment here in CA is hindering my consideration for employment.

I am wondering if I should appeal again and what the process for me would be like since I am beyond the 1 year to actually appeal the rating. I don't like my local VSO and since I don’t have my license or car, cannot go see the one that is an hour away. Is this super hard to do on my own or should I stomach being nice to this guy?

Thank you.

Share this post


Link to post
Share on other sites

Recommended Posts

Since you have gone beyond the one year appeal period, you need one of two things to be able to appeal.

1. You would need to ask to reopen under 38 cfr 3.156 C, new and material service records. This means the VA did not have a key portion of your military service records when they made the decision.

2. You need to meet the clear unmistakble error standard of review. This means that your decision has an undebateable, outcome determinative error.

If you have neither of these above, then you can simply apply for an increase due to the worsening of your condition. I will note that you may be eligible for TDIU (at the 100% rate) if you are unable to maintain Substantial Gainful Employment. If you earn less than 12,000 in the past 12 months, then you may want to ask your doc if you are unemployable, and file for TDIU.

Share this post


Link to post
Share on other sites

Ad

I assume you have accumulated 'new and material' evidence (required for a re- opened claim)in the way of treatment reports and meds etc since the last decision.

"My Voc Rehab rep has restricted me on what type of jobs I can have"

Did Voc Rehab state anywhere that your PTSD was affecting your Voc Rehab experience?

Voc Rehab records are often kept separate from the regular C file and med recs.

Broncovet is right as to the TDIU issue to consider ....we have a TDIU forum here with that info.

Share this post


Link to post
Share on other sites

I forgot to add......

If you re open the claim , and if it is successful, your EED for Retro will be the date you re opened the claim.

Broncovet is correct as to what you would need to reply on, to try to recover a prior EED.....which does not seem to be the case here.

Share this post


Link to post
Share on other sites

How do I apply for a increase? I will check out the TDIU forum, thank you.

Share this post


Link to post
Share on other sites

I have not been able to find employment since being laid off in 08/2008. My Voc Rehab rep has restricted me on what type of jobs I can have. I used to be in Sales, after I got out of the Army but they feel it is a stress inducing job (I don’t disagree), I have tried to obtain employment in several different fields Office Assistant, Bank Teller, etc. I think my age and lack of experience, combined with high unemployment here in CA is hindering my consideration for employment.

I don't like my local VSO and since I don’t have my license or car, cannot go see the one that is an hour away. Is this super hard to do on my own or should I stomach being nice to this guy?

Thank you.

I don't know if you will want these links or not, but here they are in case you do.

http://www.uschamber.com/hiringourheroes/events

http://www.uschamber.com/hiringourheroes

Also - just a suggestion, anyone that is even attempting to help me in the least

little bit - I swallow what I need to inorder to reach MY GOAL.

They might be a real sheet head BUT they also might have one teeny tiny bit of

information - that helps me get to MY GOAL.

Just for the record - the ultimate responsibility and outcome of claim issues

rests on the claimant.

NO ONE will ever care as much or more about your claim issues

than you.

Hope this helps a vet.

JMHO

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 5 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 10 replies
×

Important Information

{terms] and Guidelines