pipeman043 Posted September 23, 2006 Share Posted September 23, 2006 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. Link to comment Share on other sites More sharing options...
Berta Posted September 26, 2006 Share Posted September 26, 2006 Did you get a VCAA letter with a highlighted or underlined statement as to what the VA says they want? Did you make an election on the Form that says VCAA Notice and check off one of the boxes? The VA is failing to send out these letters-it is in the new VBM- they cannot deny a potentially valid claim without the proper VCAA Notice and the statement that is specific to each claim-as this is a procedural error that can be prejudicial to the veteran. I think my RO has two piles-those who get the proper notices and those who dont because it seems to me they are only working on claims with returned election notices- If you put Remand into the BVA browser you will see how many remands are due to this violation-a basic DTA reg. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted September 26, 2006 HadIt.com Elder Share Posted September 26, 2006 For the life of me I do not understand why the VA makes it so rough for Veterans to get legitimate benefits. Link to comment Share on other sites More sharing options...
Michelle Posted September 26, 2006 Share Posted September 26, 2006 Hello Everyone: Phillip I was reading your response about your friend. I am also SC with PTSD and I also have SC Chronic Peripheral Polyneuropathy (Nerve Damage in all extremities). I have a claim pending for T&P due to IU and in June 2006 applied for my Social Security Disability which is now at the Disability Adjudicator's office. I stopped working in Oct/05. I started receiving VA's disability compensation in 1999 but I was diagnosed right after I got out of the Military, in 1996 with Chronic Polyneuropathy and PTSD but like I said I didn't file a claim until 1999, I didn't know at that time to file a claim and thought it was to late. I am currently at a Combined Rating of 70% (VA's Math) but 60% for the Chronic Polyneuropathy and 30% for PTSD. For the Social Security Disability though I knew I couldn't file back then cause I was still managing to work. I have a Disability Firm assisting me with my SSD because I just couldn't deal with them and VA at the same time. My Question is SSD won't go back any further I thought then the date of my claim? Michelle Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted September 26, 2006 HadIt.com Elder Share Posted September 26, 2006 (edited) Hello Everyone: Phillip I was reading your response about your friend. I am also SC with PTSD and I also have SC Chronic Peripheral Polyneuropathy (Nerve Damage in all extremities). I have a claim pending for T&P due to IU and in June 2006 applied for my Social Security Disability which is now at the Disability Adjudicator's office. I stopped working in Oct/05. I started receiving VA's disability compensation in 1999 but I was diagnosed right after I got out of the Military, in 1996 with Chronic Polyneuropathy and PTSD but like I said I didn't file a claim until 1999, I didn't know at that time to file a claim and thought it was to late. I am currently at a Combined Rating of 70% (VA's Math) but 60% for the Chronic Polyneuropathy and 30% for PTSD. For the Social Security Disability though I knew I couldn't file back then cause I was still managing to work. I have a Disability Firm assisting me with my SSD because I just couldn't deal with them and VA at the same time. My Question is SSD won't go back any further I thought then the date of my claim? Michelle Here's a link to what you are probably looking for: http://www.ssa.gov/OP_Home/rulings/di/01/SSR83-20-di-01.html Here's the link to "social security acquiescence rulings" rulings: http://www.ssa.gov/OP_Home/rulings/rulings.html Edited September 26, 2006 by Philip Rogers Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted September 27, 2006 HadIt.com Elder Share Posted September 27, 2006 (edited) Hello Everyone: Phillip I was reading your response about your friend. I am also SC with PTSD and I also have SC Chronic Peripheral Polyneuropathy (Nerve Damage in all extremities). I have a claim pending for T&P due to IU and in June 2006 applied for my Social Security Disability which is now at the Disability Adjudicator's office. I stopped working in Oct/05. I started receiving VA's disability compensation in 1999 but I was diagnosed right after I got out of the Military, in 1996 with Chronic Polyneuropathy and PTSD but like I said I didn't file a claim until 1999, I didn't know at that time to file a claim and thought it was to late. I am currently at a Combined Rating of 70% (VA's Math) but 60% for the Chronic Polyneuropathy and 30% for PTSD. For the Social Security Disability though I knew I couldn't file back then cause I was still managing to work. I have a Disability Firm assisting me with my SSD because I just couldn't deal with them and VA at the same time. My Question is SSD won't go back any further I thought then the date of my claim? Michelle Michelle - SSDI can go back, without going thru an ALJ, 17 months prior to the date of you filing a claim. Five of those months are withheld but you can get a year of retro benefits paid to you. The date they find you disabled is very important. For many, they don't realize they can file until years later and SS response is often denial because of the 5yr cutoff. They lie just like the VA does when quoting 4.16a and not 4.16b. Edited September 27, 2006 by Philip Rogers Link to comment Share on other sites More sharing options...
Question
pipeman043
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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