ptsd Need Some Advice... I Want To Apply For Tdiu

[jdman]

Hello everyone,

I just recently was awarded 70% SC for Major Depressive Disorder. That is the only thing currently i am rated for other than a broken hand(0%).

I am a Federal employee. I haven't worked since Sept 2011 due to PTSD and MDD. I did 3 tours in Iraq and Afghanistan. When I have had ALL of my Psych Evaluations they could not differentiate which symptoms are the most debilitating to me so they put them both as co-morbid.

I am wanting to file for TDIU since i am 70% SC for MDD and cannot work. Everyone has deemed me totally disabled. When I apply for TDIU are they going to not award due to my civilian PTSD. They both affect me honestly. Just need some advice on this one.

[free_spirit_etc]

jdman,

If they can't separate out the effects of a SC condition from a nonSC one - then it is all supposed to be attributed to the SC condition.

Have you applied for SSDI?

[jdman]

I have applied for SSDI and waiting.

[Philip Rogers]

Why do you state the PTSD is civilian?

pr

[jdman]

PTSD is civilian b/c I work for the Army after I got out of the Air Force. I was sent to Iraq and Afghanistan.

[free_spirit_etc]

Ah.. Here is what I was looking for:

http://www.va.gov/vetapp12/files2/1209085.txt

"Furthermore, when it is not possible to separate the effects of the service-connected disability from a nonservice-connected condition, such signs and symptoms must be attributed to the service-connected disability. 38 C.F.R. § 3.102; Mittleider v. West, 11 Vet. App. 181, 182 (1998) (per curiam).)"

[Berta]

GREAT info free spirit!!!!!! You do very good work here finding this stuff!!!!!!

That citation is a beauty and I sure forgot about it!!!!

"I am wanting to file for TDIU since i am 70% SC for MDD and cannot work. Everyone has deemed me totally disabled. When I apply for TDIU are they going to not award due to my civilian PTSD. They both affect me honestly. Just need some advice on this one"

What did the VA say as to consideration of TDIU in the 70% award letter you got , or were you employed at that time?

Since you have 70% SC for MH issues,, VA has already determined that your military service caused the PTSD.

It is certainly most likely that the inservice PTSD has excerbated any on the job stressors.