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Help Please!

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marinemp1978

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Just got my 70 percent disability rating for PTSD last month. Tdiu was deferred and they needed forms 4192 and 8940 filled out, my condition makes filling out these forms hell so I went down to see my VSO because I cant figure things out and need help. The VSO was very rude to me and threatened to have her power of attorney removed and told me she has powers to have claims denied and would do so to mine. She was crazy. There is alot more to the story but id figure id make a long story short and just say I need to know how to remove her from being my POA and find a new VSO or maybe do it myself?

Here is a little backstory,

2007 original claims filed with VSO for Tinitus, lower back, claims denied

2009 first time filing for PTSD, done by myself, denied because I was unable to make c&p appts

2013 reopen myself/C&Ps given/ 70% PTSD

Somehow they are still my POA even though I filled for myself in 09 and 13.

Also,

VA Form 4192 * Request for employment information in connections with claim for disability benefits

Have been out of work for almost 5 years now. I called my former employers to have them fill this form out. Can I email it to them, have them fill it out and email it back to me? Is this the proper way to go about doing it? And from what the directions say they only fill out sections 2 and 3, and the va fills out sections 1. Does that mean I shouldnt fill out section 1? And how do I go about sending it back to the VA?

Thanks you for the help, sorry if this post is sloppy its been a long day and there have been alot of triggers for me so my symptoms are terrible right now. Good news is I got copies of my C&P reports and am registered at the hospital now.

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All I did was write a letter to the VA RO stating that I am terminating my VSO and will let them know at a future date of my new VSO. My VSO at the time was the American Legion and they done nothing for me. Well let me change that, the held up my case from moving forward. I did everything myself. She does not have the power to deny claims but like you I would never go to her again without recording the conversation.

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The VA only goes back 5 years in employment. Any 4192 for a past employer that was longer than 5 years ago will just be tossed out. It is the VARO's responsibility to send out the 4192s anyway. Not very many get returned because past employers don't want to incur the expense or the liability. The only time a 4192 will help you at all is if you can get a past employer to say that they let you go because of your disabilities. The VARO will do a two month song and dance regardless. They will send out the forms, wait 30 days for a response, then send them out again and wait 30 days. However DO FILL OUT a 8940 ASAP! Send it in to the VARO that is processing your claim now.

I'd drop that VSO like a bad habit. You need to terminate a POA with the party you gave it too. What I did was fax a memo to rescind the POA with whom and for what sign and date. Then I would send a copy of it to the VARO with your claim number and signature in the right hand corner of the page. There should be plenty of TDIU stuff on this forum to get you started. Once you get a denial in a decision letter, then you can reatin an attorney to help you. But hopefully you won't need to appeal it.

Something new: make sure you list each and every service connected disability on the 8940 form!

Edited by GatorNavy
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Question about form 4192.

Have you tried to obtain employment in the last 5 years?

My answer is no, will that harm my chances?

Also

Have you been under a doctor's care in the last 12 months?

My answer is is no, besides my CP exam Ive really haven't seen a dr regularly for my condition. Ive been to two separate drs I looked up on google but it was 5 years ago but I didn't keep the records because of moving so often and my memory is so bad I cannot remember the names of the drs. First time I went only saw the dr once and he prescribed me lexapro and I didn't feel like it was working after 3 months so stopped taking it. Second time I saw a different dr and he prescribed me Cymbalta and after I lost my job in 2009 insurance stopped and I had to withdraw from it on my own (worst experience ever and I will never take an antidepressant again). Is there a way to look up these drs names and get my records?

Edited by marinemp1978
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You will need a recent IME from a board certified shrink stating that you cannot work due to your service connected disabilities (PTSD). The dr. may have stated you cannot work in the C&P exam which will help quite a bit.You are a priority 1 and the VA will take care of all of your physical and mental health issues. My suggestion is to get an appointment with a VA shrink and go to regular mental health appointments. They will reduce your PTSD rating if you don't.

"Have you tried to obtain employment in the last 5 years?

My answer is no, will that harm my chances?"

no, I don't think so.

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My C&P went really well. It was contracted out to a private practice. We even both became a little teary when I had to recount my stresser and she mentioned it in her report. She also stated i could not work with my disabilities. I felt really good after the interview and asked if she takes private insurance because I felt it helped me but sadly she didnt. I hope that is enough. But I do have an appt with my dr next week to get an IMO started.

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