ptsd Timing Of Tdiu Filing

[NavyWife]

Timing of TDIU filing

Have a question regarding the timing of filing for IU

I'm working with a vet who has never filed a claim before. He is not service-connected for anything. He is currently being treated by VA for sleep apnea. Since he has had a tracheotomy due to his sleep apnea we would expect a 100% rating on the 6847 SA. He also plans to file for PTSD due to a personal assault. He meets the criteria for a 70% rating but who knows what VA will decide.

He hasn't worked in over five years and his sole source of income is SSDI. The SSDI he receives is not for these same disabilities.

Do I instruct him to put in his IU claim along with his initial claim? Or do we need to wait until he become service-connected and then file the I U paperwork?

6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed):

Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy 100

Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine 50

Persistent day-time hypersomnolence 30

Asymptomatic but with documented sleep disorder breathing 0

[Berta]

Does he have an inservice nexus to support service connection of the apnea?

Does he have a VA MH diagnosis of PTSD?

As well as evidence for the inservice personal assault?

Of course he could file the TDIU right away but others here might well agree with my opinion that he just file for these two issues ,and then if successful file for TDIU ,unless they do rate him at 100% due to the tracheostomy.

You didn't indicate this is a MST claim, so this recent BVA decision shows how the VA handles personal assault claims:

"Cases involving allegations of personal assault fall within the category of situations in which it is not unusual for there to be an absence of service records documenting the events of which the veteran complains. If a PTSD claim is based on an in-service personal assault, evidence from sources other than the Veteran's service records may corroborate his or her account of the stressor incident. Examples of such evidence include, but are not limited to, the following: records from law enforcement authorities, mental health counseling centers, hospitals, or physicians, and statements from family members, roommates, fellow service members, or clergy. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to the following: a request for a transfer to another military duty assignment; deterioration in work performance; substance abuse; episodes of depression, panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. 38 C.F.R. § 3.304(f)(5); see Patton v. West, 12 Vet. App. 272 (1999) (holding that special VA Adjudication Procedure Manual evidentiary procedures apply in PTSD personal assault cases).

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files4/1336909.txt

(This claim was denied but BVA denials can contain as much information as awards do.
)
In this 2013 case however the veteran succeeded in obtaining service connection:
ORDER

Service connection for an acquired psychiatric disorder, to
include PTSD based on personal assault, is granted.

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files3/1328274.txt

[meghp0405]

you can request TDIU with an initial claim, but you need the supporting documents from a doc to support the claim. I have done this a few times and all have been successful for the veteran.

You have to make sure that you have medical documentation to support the claim, I just cannot stress that enough....

Edited March 24, 2014 by meghp0405

[Philip Rogers]

I would file for TDIU, now, along w/everything else. Be sure to add at the end of the claim that he is "requesting the maximum rating(s) allowed by law."

pr