Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
ptsd Vike's Advise Is
Rate this question
-
Similar Content
-
Filing PTSD claims with the VA can be a complex and challenging process. Here are some common challenges that veterans face:
By Tbird,
- 0 replies
- 455 views
-
- 0 replies
- 535 views
-
- 0 replies
- 511 views
-
General VA Rating Formula for Mental Health Disorders
By Tbird,
- mental health
- mental health ratings
- (and 2 more)
- 0 replies
- 336 views
-
- 1,518 views
-
Question
Berta
I apologise I was a little abrupt with him the other day as I misunderstood his post-
He gives excellent advise here and the prior post shows what I mean.
I wish he was here more often but is as overwhelmed as many of us are- I bet.
He is right and I have been trying to say this too-
A veteran does NOT have to even have a rating to be considered upon receipt of the TDIU form- for TDIU-
If the veteran has medical records and/or a SSA award that support the fact that he/she is unemployable due to service connection with a nexus to service-the vet should send them the TDIU form.
In my experience the VA-even if they see a veteran who should be considered for TDIU- wont do it-
They are reluctant to provide the vet this form and vet reps and SOs seem very reluctant too.
In my opinion based on years of TDIU issues- the VA will not even considering awarding TDIU until they get a 21-8940 form and they often use the date of this form as the EED date.
It is imperative that a vet -if they believe they fulfill TDIU criteria-to file the form.
Also if a vet has been found not eligible for Voc Rehab due to their SC disabilties , this is evidence that
their SC disabilities have made them unemployable.
Washington V Derwinski was one of the first COVA cases that resulted in the fact that if a vet gets SSA for a SC disability -the VA practically has to award TDIU or 100% also.
I used this case for Rod's PTSD 100% claim.
My husband was 100% SSA for PTSD back to 1991 and his VA 100% award, when it came in 1997, reflected the SSA date as his SC date for 100 VA comp.
Vike is giving the nitty gritty and he is right and I hope you all heed the excellent advise he gives to many of you.
(PS all- I find I am repeating the same thing to the same people here-
I am tired of putting links to stuff that is right here or at the VA web site- how does the ignore button work?
I dont even know where it is. Thanks, Berta)
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
Top Posters For This Question
1
1
Popular Days
Sep 23
2
Top Posters For This Question
betrayed 1 post
Berta 1 post
Popular Days
Sep 23 2006
2 posts
1 answer to this question
Recommended Posts