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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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pipeman043

Sc Ptsd With Tdiu

Question

Hi there,

I haven't been able to locate an answer to my question so

I'll ask it here....

I am currently recieving a Non SC pension from the VA.

I initially applied for SC but like everyone else have been denied.

The SOC stated among other things that the C&P examiner determined

that the Board certified VA staff Psychiatrist who had been treating me

for PTSD didn't know much and in one visit the C&P examiner decided that

despite all the other evidence to the contrary that I didn't meet the criterion

according to the DSM-IV. I did the NOD and was denied again. my appeal has

been sent to the BVA and I have asked for a travel board hearing so I expect

that the file will be remanded to the RO. I had applied for SSDI and SSI as well.

the RO didn't bother to get the records from SSA or even include the treatment

records from the Vet Center that has been dealing with my PTSD for the last

nine months.

Having provided that background material the question is...

Will the VA have to give TDIU for SC PTSD considering they already decided

that I am total and permanent for my other health issues, which I claim are secondary

due to the PTSD...( Cardiac, Past MI, COPD, GERD, ect.) thats why I get the NSC pension.

This is such a messed up affair, the RO has determined that all my stressors are

verified, and they have the documentation to prove everything I have told them.

The SSA decided that I am medically eligible for SSI but get too much money from

the VA. Since I have been unable to work for several years I no longer qualify for

SSDI due to lack of recent work quarters. I honestly believe what many others

have said in the past, that the VA tries to run you down till you lose the will to

fight or end up dead before you can win. I count my blessings that I am fortunate

to be getting something from the VA, although the price paid to be eligible is a bit

extreme.

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What was the reason for PTSD?

Was the Gerd hard to get and what kind of C & P did you have? Curious because I`m diagnosed SC for ptsd and I have Gerd/Barretts Esophagus.

Cavman

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Cavman,

Been to two C&P's one for the PTSD and the other for COPD

both were denied for SC. As to the other items, I have been

going to the VAMC since my Heart Attack so they already

had all my medical records in their own files. Plus they

got copies of the medical files from my outside cardiologist

that I made sure they mailed directly to the RO and to the

VAMC. The VA diagonosed the GERD themselves so it was

hard for the RO to deny it. I have had three stents put into

my heart arteries, each one due to restenosis and the VAMC

has those records as well. I have found that the best bet is

to be proactive and keep them supplied with a papertrail

Good Luck in your endeavor!

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Pipeman,

If there is any evidence that you sent the VA and it was not listed on any rating decision or Statement of the Case (SOC), then the VA must address those evidence in a Supplemental Statement of the Case (SSOC). The only way to have the BVA address those evidence instead of your RO is to waive the regionl offices jurisdiction in the matter. If yoiu don't waive the jurisdiction, then your claim will more than likely be remanded back to your RO so they can consider the evidence and grant the benefits sought or issue the SSOC.

You might want to get another evaluation from another shrink who confirms your first diagnoses of PTSD. I suspect with this evaluation and the evidence the VA did not address for what ever reason, it will sway the benefit of the doubt in your favor and the regional office will award service-connection for your PTSD and all secondary condition related to it.

Will the VA have to give TDIU for SC PTSD considering they already decided

that I am total and permanent for my other health issues, which I claim are secondary

due to the PTSD...( Cardiac, Past MI, COPD, GERD, ect.) thats why I get the NSC pension.

VA will award IU if the evidence show you are unable to work soley due to service-connected disabilities. Generally, the VA will not consider IU unless you submit VA form 21-8940. It also depends on what individual rating percentage is warranted for each disability. For example, if your PTSD alone warrants 100%, then IU becomes a moot point; however, you may then be eligible for SMC due to your other secondary condition. It just depends what the individual rating are.

I honestly believe what many others have said in the past, that the VA tries to run you down till you lose the will to fight or end up dead before you can win. I count my blessings that I am fortunate to be getting something from the VA, although the price paid to be eligible is a bit extreme.

If the VA was out to scew you in this situation, then they wouldn't have awarded you NSC pension, would they?

I suspect that once you obtain the second evaluation and resubmit the evidence that you said was never mentioned in thier rating decisions and SOC, you'll prevail in your claim. Maybe the evidence that wasn't discussed or taken into account never made it to where it should have been. This does happen and is unfortunate when it does, but it will all get worked out.

Vike 17

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Hi there,

I haven't been able to locate an answer to my question so

I'll ask it here....

I am currently recieving a Non SC pension from the VA.

I initially applied for SC but like everyone else have been denied.

The SOC stated among other things that the C&P examiner determined

that the Board certified VA staff Psychiatrist who had been treating me

for PTSD didn't know much and in one visit the C&P examiner decided that

despite all the other evidence to the contrary that I didn't meet the criterion

according to the DSM-IV. I did the NOD and was denied again. my appeal has

been sent to the BVA and I have asked for a travel board hearing so I expect

that the file will be remanded to the RO. I had applied for SSDI and SSI as well.

the RO didn't bother to get the records from SSA or even include the treatment

records from the Vet Center that has been dealing with my PTSD for the last

nine months.

Having provided that background material the question is...

Will the VA have to give TDIU for SC PTSD considering they already decided

that I am total and permanent for my other health issues, which I claim are secondary

due to the PTSD...( Cardiac, Past MI, COPD, GERD, ect.) thats why I get the NSC pension.

This is such a messed up affair, the RO has determined that all my stressors are

verified, and they have the documentation to prove everything I have told them.

The SSA decided that I am medically eligible for SSI but get too much money from

the VA. Since I have been unable to work for several years I no longer qualify for

SSDI due to lack of recent work quarters. I honestly believe what many others

have said in the past, that the VA tries to run you down till you lose the will to

fight or end up dead before you can win. I count my blessings that I am fortunate

to be getting something from the VA, although the price paid to be eligible is a bit

extreme.

My thoughts will only be on the SSDI issue - you need to appeal the denial. You want to get to the ALJ level. You may want an SSDI attorney to assist you. If you were not represented by an attorney and have been diagnosed w/PTSD you can appeal any tolling issue. You need to establish an earlier disability onset date that should be the day after the last day you worked and earned more then $8k-$9k. A friend just won his - he filed an SSDI claim around 2002 and the ALJ found him really screwed up and established his disability onset date of 12/1/97. The ALJ then thanked him for his service.

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Pipeman-

reading over all your posts I have two questions-

Have you been given a clear cut PTSD diagnosis?Or diagnosis of anxiety disorder?

Do you have proof of the stressor(s) inservice that caused the PTSD (or anxiety)?

If a vet has PH, CAR, CIB or anything denoting combat on their DD214 the VA concedes exposure to stressful events of warfare.

Others need proof of the nexus or link of their PTSD to a specific stressor event during their service.

Edited by Berta

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