ptsd Sc Ptsd With Tdiu

[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.

[Berta]

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.

[Pete53]

For the life of me I do not understand why the VA makes it so rough for Veterans to get legitimate benefits.

[Michelle]

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

[Philip Rogers]

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

[Philip Rogers]

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