MPsgt Posted June 13, 2013 Share Posted June 13, 2013 Will the VHA deny a younger aged Veteran P&T TDIU for PTSD? Especially, if that Veteran meets or exceeds all the precursors or could this be "age discrimination?" Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted June 13, 2013 HadIt.com Elder Share Posted June 13, 2013 The VA will deny a person who had a leg blown off in combat for PTSD, so they have no trouble denying a 20 year old or an 80 year old for TDIU P&T. I was 70% and on SSD and the VA denied me TDIU. I was over 50 and they granted TDIU and denied P&T. I had to fight for every thing I got via IMO's/IME's. You need to buy good medical opinions if you want a good result. You can imagine the VA does not want to grant TDIU P&T to a 22 year old because they will be paying for 60 years and longer perhaps. Link to comment Share on other sites More sharing options...
bigred1 Posted June 13, 2013 Share Posted June 13, 2013 it depends on your evidence. You need to be your own advocate as John above states and you need to have evidence to support your claim. What evidence do you have? Can you get statements from old bosses and coworkers to support your claim that you had problems on the job and that caused your termination? Or statements from your spouse or other family members about your condition? Gather as much information/evidence that you can to support your claim and give it to them. They will not just rate you tdiu based on your word, you need other evidence to support that as well because as John said above they really want to deny your claim. Good luck! Link to comment Share on other sites More sharing options...
MPsgt Posted June 14, 2013 Author Share Posted June 14, 2013 The VA will deny a person who had a leg blown off in combat for PTSD, so they have no trouble denying a 20 year old or an 80 year old for TDIU P&T. I was 70% and on SSD and the VA denied me TDIU. I was over 50 and they granted TDIU and denied P&T. I had to fight for every thing I got via IMO's/IME's. You need to buy good medical opinions if you want a good result. You can imagine the VA does not want to grant TDIU P&T to a 22 year old because they will be paying for 60 years and longer perhaps. it depends on your evidence. You need to be your own advocate as John above states and you need to have evidence to support your claim. What evidence do you have? Can you get statements from old bosses and coworkers to support your claim that you had problems on the job and that caused your termination? Or statements from your spouse or other family members about your condition? Gather as much information/evidence that you can to support your claim and give it to them. They will not just rate you tdiu based on your word, you need other evidence to support that as well because as John said above they really want to deny your claim. Good luck! I'm 39 YOA. SC 80%, 70% for PTSD alone. I too receive SSDI and Federal Disability Retirement. I was approved for both based on PTSD, depression, and anxiety. My employer even let me go for same. The last two years. I've received group therapy @ my local VAMC. I've taken all prescribed medication and received individual therapy @ the VetCenter. I continue to go to "small group therapy" @ the VAMC. Hoping to feel some type of improvement. However, I feel it's static at best. The social worker @ the Vetcenter submitted two nexus letters w/ GAF scores @ 45 & 41. I've failed not once, but twice to successfully transition through VR&E. The second VR&E rep. supposedly stated unemployability via the computer. My SOC states otherwise. I can no longer return to my previous occupation in law enforcement. Law enforcement also happens to be what my four years of education covered. A year of that law enforcement experience came at the same VAMC. I had to travel to my VARO for my initial C&P exam. According, to the VA. It's a conflict of interest. Yet, the second C&P exam was conducted at my local VAMC. She stated I showed improvement and that I would be moderately impacted by my PTSD. She gave a GAF score @ 55. I've become so disappointment with my treatment at the VA. I've resorted to treatment through a private psychologist. The VA has no knowledge of it. I guess John is right deny, deny, deny!!! Link to comment Share on other sites More sharing options...
bigred1 Posted June 14, 2013 Share Posted June 14, 2013 I'm 39 YOA. SC 80%, 70% for PTSD alone. I too receive SSDI and Federal Disability Retirement. I was approved for both based on PTSD, depression, and anxiety. My employer even let me go for same. The last two years. I've received group therapy @ my local VAMC. I've taken all prescribed medication and received individual therapy @ the VetCenter. I continue to go to "small group therapy" @ the VAMC. Hoping to feel some type of improvement. However, I feel it's static at best. The social worker @ the Vetcenter submitted two nexus letters w/ GAF scores @ 45 & 41. I've failed not once, but twice to successfully transition through VR&E. The second VR&E rep. supposedly stated unemployability via the computer. My SOC states otherwise. I can no longer return to my previous occupation in law enforcement. Law enforcement also happens to be what my four years of education covered. A year of that law enforcement experience came at the same VAMC. I had to travel to my VARO for my initial C&P exam. According, to the VA. It's a conflict of interest. Yet, the second C&P exam was conducted at my local VAMC. She stated I showed improvement and that I would be moderately impacted by my PTSD. She gave a GAF score @ 55. I've become so disappointment with my treatment at the VA. I've resorted to treatment through a private psychologist. The VA has no knowledge of it. I guess John is right deny, deny, deny!!! Have you applied for TDIU yet? I'm unclear as to where you are in the process. You are 70% so you can apply for it by filling out a 21-8940. I would definitely submit that and also get as many statements you can from old coworkers and employers. Also get the records from your private psychologist and get a report from him or her that states you are unable to find gainful employment due to your ptsd. When you go into your C&P exams, you have to answer the questions as though you are answering on your worst days with ptsd. I would suggest writing down specific instances of your ptsd before you go in so you know what you want to convey to the dr. Yes, they will deny you, you have to keep going back. If you are persistent though and keep submitting evidence you should eventually get what you deserve. I know it's a ridiculous process, it's designed to get a certain percentage of people to give up. So keep going and hang in there! Link to comment Share on other sites More sharing options...
MPsgt Posted June 15, 2013 Author Share Posted June 15, 2013 Have you applied for TDIU yet? I'm unclear as to where you are in the process. You are 70% so you can apply for it by filling out a 21-8940. I would definitely submit that and also get as many statements you can from old coworkers and employers. Also get the records from your private psychologist and get a report from him or her that states you are unable to find gainful employment due to your ptsd. When you go into your C&P exams, you have to answer the questions as though you are answering on your worst days with ptsd. I would suggest writing down specific instances of your ptsd before you go in so you know what you want to convey to the dr. Yes, they will deny you, you have to keep going back. If you are persistent though and keep submitting evidence you should eventually get what you deserve. I know it's a ridiculous process, it's designed to get a certain percentage of people to give up. So keep going and hang in there! I'm about twenty months into the appeal process. It's kind of like watching the Atari game Pong. It's been bounced around the VARO and BVA several times. The VARO just sent out the Statement of the Case. My American Legion Rep. and I are trying to get a DRO before it goes back to BVA. If it makes it to BVA. It will sit and collect dust for the next couple of years. I'll keep going through the process until a decision is rendered. The SOC asked, "what is it that I want?" They don't understand. It's not what I want. It's what I need. They've already turned much of the PTSD treatment into a CLUSTER! I can only imagine what it was like for the Vietnam Vets. Anyway, thanks for the encouragement! Link to comment Share on other sites More sharing options...
Guest terrysturgis Posted June 15, 2013 Share Posted June 15, 2013 John999 and I are both Nam vets. As you can see in our avatar we are paid at the100% rate. Heck of a difference between let's say your 80% and TDIU. IMO they deny to get us to go away and so called be happy with the disability we have been awarded. Like 70 -80 or in my case 90%. Key is, never give up. I did not use an Attorney but there are some affiliated with this board that could probably help you with your claim. Hang in, Terry. Link to comment Share on other sites More sharing options...
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MPsgt
Will the VHA deny a younger aged Veteran P&T TDIU for PTSD? Especially, if that Veteran meets or exceeds all the precursors or could this be "age discrimination?"
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