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ptsd Need Advice On What To Do With This Claim, Please.
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Question
kate7772
Need some advice please.
My husband's claims were denied in Sept. 2013. In August, one month before the denials, on the very bad advice of his VSO, a claim was filed for unemployability. We were really lacking knowledge in all this and just did what told. Since then, I've spent a lot of time on this forum and gained much more knowledge. I now realize the unemployability should never have been filed. My husband still is working (about 16 hours a week.) Really difficult to do and causes great stress due to his PTSD symptoms as well as symptoms for kidney problems but is working.
A month after filing, the claims for kidney, tinnitus and PTSD symptoms (recently diagnosed) were denied. He filed a reconsideration with new evidence for the PTSD and Tinnitus in April 2014. The kidney is on hold while waiting for IMO. After this reconsideration was received, they listed Tinnitus as a reconsideration and the PTSD as new (apparently because the PTSD was originally not filed as such but as anxiety, irritability.) At the same time, the unemployability which was at the "preparing for decision" phase was taken from there and listed as a new claim.
Recently, the claims went from review of evidence to awaiting decision approval and now just went back to review of evidence. I assume this was because it was noticed that there were no C&Ps done.
My concern now is if we should withdraw the unemployability claim since clearly it is not a valid issue at this time. I wonder if this will just hold things up more while they request all the employment forms, etc. required.
We are hoping to get a ruling on the reconsideration of these claims before the one year is up on Sept. 19th and not having the unemployabilty claim delaying things may help to speed the other issues up. I think they should have all info. needed for the other claims with the exception of the C&Ps which hopefully they will order soon.
Would withdrawing the unemployability claim mess anything up with the other claims? And, how is this done? Can we do it in ebenefits? DAV is the current VSO but not really helpful in any way and hard to get in touch with. I don't want VA to think we are withdrawing all the claims.
Thanks,
Kate
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