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

[Chuck75]

It's fairly common for marines to "suck it up" as you've done until retirement. Service in Vietnam generally entitles you, as does "combat veteran status" to some slight preference/consideration by the VA. You "served the time", and are entitled to the benefits the government promised. Given that the VA seems to consider saving the government money more important that interpreting law and regulation to the veterans favor, I would say apply for anything that you can substantiate with medical records, etc.

One of the odd things about the VA is that compensation is supposedly not dependent upon age, when it comes to the decision making process in a claim.

As to the government spending more for veteran's compensation, I'd say that it's about time that it owned up to the costs, after trying to minimize compensation with a grossly biased, inefficient, and totally screwed up system. Paying for decades of war by inflation ("print" lots of money) was/is done, and many of the present financial issues are rooted in this. The time and cost to the government to handle a claim properly is far more than it would be with a reasonable and efficient system. SSA's system, while a far cry from perfect, is a shining example of efficiency and turnaround time compared to the VA's system.

For those who think that VA compensation is too generous - -

By law, it compensates only for loss of income.

The 100% VA disability or TDIU rate is about 2/3-3/4 of the "average income", so it does not fully compensate for the loss of income.

SSDI and SSA retirement can make up the difference, when a disabled veteran is entitled. Yet SSA has nothing to do with loss of income, and was based upon years of paying into the system.

[broncovet]

When dealing with VA there is almost never a simple answer. The VA loves to turn the most simple thing in the world a complex set of regulations, IMHO, so they can delay or deny you whenever they can.

Its going to boil down to evidence. Look in your medical records. Does your doc state that you can not work due to SC conditions? Big plus in your favor if he says so. If he has not specifically stated as such, you will need to ask him to do just that. If he wont, then you will need a doc who will do this, such as an IMO/IME.

Its not enough to be not working, you have to be not working due to SC conditions to get TDIU.

If your doc does say this, then you have about a 20% chance of getting SC for it on the first round, that is, without appeal. If you are willing to go the distance on appeals, then your chances increase to 80%. You need to "get" that about 80% of initial claims are denied at the ro level, and most Vets who get benefits are willing to go the distance with appeals.

[Douglas Kessler]

The IMO states Mr.__________suffers from(named all the illnesses), he was exposed to Agent Orange during Vietnam. It is more likely than not that all of his illness is due to his exposure.These illnesses are chronic and being in the school system with an impaired immune system brought all these illnesses to the forefront and more than likely will not change but grow worse as he gets older. I think that about covers it...Of course it is longer than this..

Edited July 18, 2013 by Douglas Kessler

[broncovet]

Doug...

The Docs statement needs to be very close to:

The Veteran is unable to maintain substantial gainful employment due to xxxx and/or yyyy which occurred during military service.

IU is about WORKING, and you have to show that your SERVICE CONNECTED illnesses prevent you from working.

IN other words you need a nexus that relates your service connected conditions prevent you from employment.

THe statements you posted show service connection; they dont show these conditions prevent your employment. There is a difference and expect the VA to be anal about it.

Please do not be mad at me, I promise you that none of this is my idea. However, if you deal with this now it will save you many many months of pain later, denials, appeals, etc.

Edited July 18, 2013 by broncovet

[Douglas Kessler]

Thanks, I will take your advice.

[harleyman]

Douglas Kessler you indicated you are service connected for the following conditions;
I am 70% disabled. 0% NHL, 20%PN, 10% ears,50%PTSD.

Individual unemployability is based on service connected conditions being so severe they prevent you from gainful employment (above poverty level) about 12,000 per year.


Based on your s/c list of conditions, I do not think you will be award IU.

NHL "0" - means you have a conditions but it is not at a level that warrants a percentage of disability
20% PN- the examiner will state you can do sedentary work or be trained in a job where you can stand , walk, sit , as needed.
10% hearing loss is minimal, many people in our society are totally hearing impaired and work full time in gainful employment
50% PTSD- you almost have to be rated as being totally unable to function in the work place before they consider you unemployable and then if you are so unable to function- they like to make you incompetent

Based on this scenario, I think you will be denied, I ff you have not had a general medical exam since you filed this claim, it will be decided based on the evidence of record and that will be an almost automatic denial.

If for some reason, you do find yourself with an IU grant, I would keep a very low profile for a long time. The VA is also doing alot of IU grants right now, but with FUTURE exams. It's equivalent to a temporary 100% grant until they examine you again.
I do wish you luck. By the way your SSI money and your money from investments and retirement from a job, are not a consideration for IU. What is a consideration, is your Service Connected disabilities. I don't think you will get IU- JMHO

Edited July 21, 2013 by harleyman