ptsd What Are My Chances?

[Douglas Kessler]

I am 70% disabled. 0% NHL, 20%PN, 10% ears,50%PTSD. I filed for PTIU, however I took early retirement at age 62. I am 66 years of age now. I already receive regular SS benefits, Teachers Retirement. I took early retirement because I have a compromised immune system secondary to non-Hodgkin's Lymphoma. It is rated at 0%. I filed a NOD for the 0% rating recently. How good are my chances to receive TDIU? I have 2 doctors statements(IMO), also have the school district to complete the VA form, stating my reason for separation. I can't work in the public anymore, I get sick with infection after another, the last was mononuceosis that lasted for months. Along with the doctor's statements I had friends and family to verify how sick I get from natural contacts with the public. My May appt with the VA doctor verified that my iron stores are low, and my red blood cells are enlarged. Wat to do next? Other than wait. I was just wondering about my age, and already being retired.

Edited May 20, 2013 by Douglas Kessler

[Douglas Kessler]

I am 70% disabled. 0% NHL, 20%PN, 10% ears,50%PTSD. I filed for PTIU, however I took early retirement at age 62. I am 66 years of age now. I already receive regular SS benefits, Teachers Retirement. I took early retirement because I have a compromised immune system secondary to non-Hodgkin's Lymphoma. It is rated at 0%. I filed a NOD for the 0% rating recently. How good are my chances to receive TDIU? I have 2 doctors statements(IMO), also have the school district to complete the VA form, stating my reason for separation. I can't work in the public anymore, I get sick with infection after another, the last was mononuceosis that lasted for months. Along with the doctor's statements I had friends and family to verify how sick I get from natural contacts with the public. My May appt with the VA doctor verified that my iron stores are low, and my red blood cells are enlarged. Wat to do next? Other than wait. I was just wondering about my age, and already being retired.

[stillhere]

Well as you may know or not age is not supposed to be a factor in awarding compensation but. I wonder how the VA will react to the fact that you are retired and getting payment from your job and SS and VA comp now?

VA comp has always been to replace the earnings that we as disabled veterans can not make because of our disabilities. When I looked at your post I wondered why so many had viewed it but not answered. I am assuming it was out of respect that you did serve your country but also...

I am wondering what it is that you are looking to accomplish and why?

[stillhere]

Here is the law give it a read and decide if you fit:

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

[Pete53]

If you are service connected at 70% and you can't work your chances are excellent that you should at least be awarded 100% TDIU.

Good Luck

[Testvet]

You have to be aware that Congress is also complaining about elderly veterans that have heard situations similar to yours and feel that the veterans are attempting to use the TDIU benefit to increase their retirement benefits as nothing more than financial gain, as you stated you had already taken early retirement, and your PTSD appears to be the highest rated issue you have and it is at 50%, so your mental health doctors are probably not making statements that your PTSD symptoms are preventing you from working in your treatment notes. They will look at how long you were employed before you retired, were you having many absences from your job and were they related to your SC medical issues?

I know there is not supposed to be age discrimination but people are getting mad across the nation, government employees across all levels are taking it in the wallet and benefit area especially in the past few years, feds have not had a pay raise in what 3 years and it doesn't look good for them for next year either. Veteran benefits have more than doubled in the past 10 years from a little over 20 billion annually in 2000 to over 52 billion in 2013, a lot of it in the sleep apnea issue and PTSD compensation issues.

Other than deciding to file for TDIU have you attempted to find gainful employment? I know jobs are hard to find especially for anyone over age 45, Wal Mart can only hire so many door greeters and most vets with PTSD do not make the very best "greeters" and having to smile and welcome people all shift, let alone even having to be around so many people. Most of us shop at Wal Mart at 3 am to avoid people.

Are you wanting to return to work and can't because of your disabilities related to service, or are you just trying to improve your financial picture? Only you can answer that, and then file the claim if you really want to work but can't and feel that you have tried and companies are ignoring you due to your health that are SC related and that is what is preventing you from being able to return to work if you had treatment nottes from a mental health doc stating it is a bad idea for you to return to work because of your PTSD symptoms and they support your increase for PTSD and or TDIU.

Treatment notes help at tiimes like this if however you quit treatment years ago, meds, counseling etc, then you should not be surprised in the VARO denies a request for TDIU sometimes I wonder who my shrink is writing about when I see my treatment notes some of the statements do not even match what we talked about, I quit smoking 1 Jan 2012 last month he wrote he does not know when I quit just that he thinks it was sometime last year he wrote that I was well groomed and neat, I shave about once every 6 months might get a haircut every year if I think about it and I wear a T shirt, shorts and flip flops, I am on oxygen and spend 23 hours a day either in bed or a wheel chair, so well groomed is not exactly how I would describe me.

I believe all vets should file a claim if they think it is legitimate, are some people playing the system of course there are but it is far less than people assume, it is less than 2% most govt programs have some really bad numbers for fraud medicare mostly billing companies not medicare users, food stamps, going to the debit cards has slowed that fraud down though, when they were the monopoly colored coupons, the fraud rate was high. As a mailman I watched people get the coupons in the mail and sell them to someone at the cluster boxes for 50 cents on the dollar. It was disgusting I was told by postal inspectors it wasn't my job to report them. What they did when I filed the report I don't know but I never saw anyone's food stamps cut off.

you are the only one who can decide if you have a legit claim if you think it is the right thing to do, then there is years of advice here to process claims thru the VARO, most of us came here out of frustration because the VA was denying claims and the VSOs are mostly useless there are some good ones but most are just wasting chair space. and can do more harm than good for veterans.there are some excellent lawyers that specialize in VA claim appeals after the regional office denies the initial claim and they can get 20% of the award similar to what SSD lawyers can get except VA lawyers have no cap on fee.

But 80% back pay of something is a lot better than 100% of nothing, and be prepared to appeal the claim to BVA but I would use a experienced VA lawyer most of them will look at the claim and if they feel they can help you they will, it also helps if they feel they can be paid, or if it is a tilting at the windmills casing and hoping, then most won't take the file, like most people they like to have an income and VA claims is not a quick churn rate, most appeals are taking 3-4 years

If I sound rough and am telling you NOT to file a claim I am not I almost started to ignore this like many of the others, sometimes it is best to say nothing but as you see I have posted a lot of times here and knew nothing when I came here over ten years ago I have seen a lot in the past 13 years Philip is one of the best, Berta, Pete 53, Carlie, T Bird has created a great place here I like to think this is the best veterans advice site on the internet, because you will hear the truth here, the good the bad and the ugly and I can say I have never seen anyone here condone a fraudulent claim.

Be yourself and tell the truth when dealing with the VA but keep it real and don't volunteer information that can be misconstrued and twisted and used against you, as far as I know and I feel I had a "normal" childhood no I can't explain why my little brother bit me in the azz when he was 4 and I was 6, I was wearing red shorts, he was asleep we were on the road moving between campgrounds and for no apparent reason when he woke up he was hungry and he told mom he thought it was a tomato, now I don't know if that is normal or not but it still hurt but what would a VA shrink do with that? I don't wanna know know so I never volunteered that tid bit from child hood, with my luck they would claim I had a PDO from childhood, but then that does not explain how I could take and give orders as a NCO for almost 20 years does it.

Good luck but current treatment records will help

[Douglas Kessler]

I really must say I am surprised that a simple question, and giving only a little bit of history could get this kind of response. I am a US Marine that volunteered to go to Vietnam. I was wounded 2 times, and still carry the shrapnel in my lower limps. I return home with stage 4 Non Hodgkin's Lymphoma. I struggled with this disease for 13 yeas. I was denied benefits in the 1980's and again in 1990's. I have worked hard through Chemotherapy, surgeries, and return to school at 50 years old to get my education degree. I paid out of pocket for every treatment I received. I did not reopen my claim for NHL until 2009, when I started showing signs of NHL again. I am not looking to put an extra stain on an already strained system. I like you all am applying for benefits I am entitled to under the law. I was asking a question because I didn't know the regulation. I am sorry if any of you had the impression that I am trying to milk the system. That is not my intention. I receive teachers retirement (very small amount )because I took early retirement., the social security benefits ( I was 30 years vested in SS) was cut because of my age. It was a blessing to receive anything from the V.A. I was already retired when I applied for benefits, and actually was found to have several disabilities that was service connected. I respect this system and the fact that in retirement I can have decent healthcare, and not worry about if this cancer (that is not curable) returns at least it is service connected. The side affects of the treatments I received is an impaired immune system, fatigue, night sweats. I am having other problems that is keeping me in the doctor's office the majority of the time. I was advised to apply for TDIU. I was asking your take on the matter is all. Almost forgot to say.. I try to avoid being around other's as much as possible. It seems that the low iron stores, anemia causes me to be sick. That means even my children or grandchildren.

Edited July 18, 2013 by Douglas Kessler