ptsd [Update] Va Nod Letter

[11cvolley]

I contacted a va lawyer and told him about my case and to see if he can help me. Its been over a year since I filed my nod and my nod is only with the review officer which someone told me means that're about to start the long process but others have told me it means my nod is about done and I'll get a decision soon. IDK which is true. The lawyer asked me if I am on SSDI for the ptsd and when the last time I worked was. I told him yes on the SSDI and I haven't worked since mid 2010. He then asked if my va doctor and "va therapist" (social worker) support me getting 100%. I told def my therapist does and she told me the doctor agrees with her. The lawyer then tells me he can def win my case and hurry it up. All I pay is 20% gross amount awarded and 10% of the money awarded to me, equalling 30% and no out of pocket fees. Should I retain the lawyer?

Edited August 29, 2013 by 11cvolley

[11cvolley]

Gee ,I realized ,re reading this that in my husband's case it was the same as yours.

"I never saw a SSDI doctor. SSDI went off my VA medical records."

First they (SSA) awarded for a CVA (stroke) (now 1151 CVA) and after we asked for reconsideration then SSA awarded solely for PTSD,and both awards were based only on his VA medical, and psychiatric records.

The SSA PTSD award had a EED more favorable then the CVA award,which it trumped -sort of , but this became problematic when VA awarded both of these claims,100% P & T for the PTSD and then 100% P & T for the 1151 stroke.

If anyone else here is in similar situation, they can and should use both SSDI awards for 2 independent disabilities the best way they can for proper VA SC awards.

So do you think the VA will award me some form of 100% or what are my chances?

[11cvolley]

Just checked my statues on e-ben. The prep for decision on them reducing my asthma from 30 to 0 has went make to pending decision approval. It was at the prep for note stage. This really irritates me because the senator's office said he made some phone calls and was told that the VSO isn't going to work on my NOD for 70% ptsd until they finish up the claim to take away my asthma rating.

[john999]

I don't think you need a lawyer. Your case is pretty simple. If you are on SSDI for SC reasons your TDIU is almost a given. You need to keep track of your paperwork or get someone to help you do that.

[11cvolley]

I don't think you need a lawyer. Your case is pretty simple. If you are on SSDI for SC reasons your TDIU is almost a given. You need to keep track of your paperwork or get someone to help you do that.

I hope so. I just hate this waiting game.

[11cvolley]

I don't think you need a lawyer. Your case is pretty simple. If you are on SSDI for SC reasons your TDIU is almost a given. You need to keep track of your paperwork or get someone to help you do that.

Should the fact that I am on SSDI be enough for the VSO or what more should I do? Do I need to send them the SSDI letter?

[Berta]

If VA is aware of the SSDI award and has obtained those SSA records, they should award TDIU or 100%.

It is the disability question (# 18 I think) on the TDIU form 21-8940.

I always advise vets to expand on checking Yes to that question and refer ,in Remarks part, to separate page telling the VA you get SSDI solely for the SC condition you are claiming..if that is the case.

“Should the fact that I am on SSDI be enough for the VSO or what more should I do? Do I need to send them the SSDI letter?”

“This really irritates me because the senator's office said he made some phone calls and was told that the VSO isn't going to work on my NOD for 70% ptsd until they finish up the claim to take away my asthma rating. “

That might well be the way it should be done.

I had to get the AO people (Phila RO) to address my pending CUE claim before addressing my AO IHD claim. The CUE had been in progress for 8 years at that point.(Buffalo RO).I filed the AO IOHD claim in 2010. They did address the CUE as well as the AO claim.

This concerns me:

“the VSO isn't going to work on my NOD for 70% ptsd “

and

“be enough for the VSO “

You can prepare the NOD yourself by focusing on why the VA didnt award TDIU,when they awarded the 70%. They gave you a reason you need to overcome by evidence.

I think too much dependence on any VSO is a BIG mistake.

When I called the DAV NSO long ago (who repped my husband) to tell him my husband had just gotten SSDI award solely for PTSD (his claim was for higher rating of his 30% PTSD) the DAV rep told me SSDI awards aren't binding on the VA and he didnt think it would help but it maybe might help. He was very negative.

I then asked him if he ever had heard of Washington V Derwinski and he of course said No.I took the same training course he had taken from NVLSP and he said he never heard of Washington V Derwinski !!!!!! How many vets had similar SSDI awards that he saw no merit in??????

The only reason I called him was to let the DAV know that we were submitting this evidence to the VARO.What a dope.

John said :

"You need to keep track of your paperwork or get someone to help you do that. “

He is SO RIGHT!

I have stacks of files related to VA here dated back to 1988. If I didn't file and tab this stuff in manila olders as it all transpired (I even needed stuff from decades ago for my current claim) I would definitely be in the crapper by now.

You stated:

“I do remember the reason given was basically an increase isn't warranted. “

If the VA was aware of the SSDI award, and did not consider it nor follow up on getting the SSA records, they have violated 38 CFR 4.6 and that decision contained a CUE.

The SSDI award could also determine the proper EED and additional retro ,if that award preceded the TDIU claim date by one year or less.

I posted the M21 regs here the other day on that.

And personal example.

Husband filed 21-8940 in Fall 1992. (August I think)

SSDI award was solely for PTSD with EED of Nov 1, 1991.

His retro VA EED (posthumous award) was Nov 1, 1991.

This was before the laws changed on accrued benefits.

VA only paid me 2 years accrued. Under the new law they would have paid me 3 years accrued based on the EED due to the SSDI award.