ptsd Reconsideration/re-Open Update

[Jaluluah11B]

70% PTSD, SSDI

I was rated 70% last year and sent in my application for TDIU. I was given another C&P and was denied an increase. I then decided to submit a NOD. While my NOD was sitting in limbo on stage 1 on ebenefits for months I was approved for SSDI based on my service connected mental health disorder. I called Peggy and they said I can submit my "New Evidence" and ask them to reconsider my denied increase. I put together a pretty simple request to reopen my denied claim and consider my new evidence.

It has been exactly 40 days since they received my request at the regional office. I am either on the verge of massive success and quality of life or I am about to be punched in the gut. Either way there is nothing I can do about it now besides wait.

[georgiapapa]

Hope for the best. Plan for the worst.

Good luck to you.

[Berta]

With the NOD already filed, I hope they consider the reconsideration request as well.

You know you have very good evidence with that SSDI award.

Do you have a vet rep who might have someone from their same org that is actually in or near this same VARO building?

I guess I would think they would be willing to try to get this new evidence before the rater right away.

Then again I had a state vet rep whose office was right in the RO building but he buggered up the submission of my evidence.

This was for a double DRO review but the DRO told him she couldn't read my evidence ( 2 IMOS)

and he called me after their meeting , saying excitedly 'but she went for 'his idea to get an additional VA medical opinion and seemed well pleased with himself.

But I asked him, since she said she couldn't read my IMOs how can she read a VA C & P report?

He was dumbfounded when I asked that.

I asked him if he DID get my IMOs into the record and he said yes, but again they never showed up AGAIN as evidence in the SSOC (a copy and paste job)

and the BVA awarded that claim.

Still, it would be great to have this info before the rater right away.

You could even fax a copy of the formal Recon request to the VARO and add attention to and use the initials in the code on the right hand side of their last decision, where the Re: or date is.

[Fat]

Good Luck.

Never give up.

[Jaluluah11B]

I am almost positive that my SSDI is solid enough evidence to eventually raise my rating. I am just not sure if they will grant it right away or deny me and drag out a multiple years long appeal. Either way I should have an answer within the next couple months since it's a very simple 1 contention claim with 1 piece of additional evidence.

[Gastone]

Think, VA Vocational Rehabilitation Program!! One of the best irrefutable pieces of evidence, that a Vet can provide to substantiate his IU claim, is a VA Vocational Rehabilitation Program "Denial Letter." My denial letter stated something to the effect, "The veteran is ineligible at this time to participate in the VA Voc Rehab due to my SC disabilities." The Vocational Rehab Councilor took 3 days to review my file and issue the "Denial Letter." The DRO said that letter seals the deal. Irregardless of your level of education and experience, the VA Professional Vocational Rehabilitation Councilor has determined that you are unable to be retrained due to your SC conditions, for any type of "Gainful Employment." Gainful employment is currently based on the US Poverty Level for 1 person, aprox $14,000.00. In addition to the Denial Letter, you will be eligible for the VA Independent Living Program. If your truly unable to work, you can get a denial in as little as a day. A Very Important Piece of IU Evidence.

Some of my Vet friends, that allowed me to push them into applying for Voc Rehab, have really benefited from the "Denial Letter." 1 that has a TDIU NOD pending, used his Denial Letter to Get all of his Michigan Primary Residence property tax refunded for both 2013 and 2014. The State Of Michigan accepted his "Denial Letter" as proof that he is UNEMPLOYABLE! 1 that has been 100% SC for twenty years finally applied and was placed in the Independent Living Program the same day. So far received the following: Computer, all in one printer, air bed, $6500 bathroom update pending. The take away is, the VA wants to help all disabled Vets, but we have to ask, in the form of filing a claim via your E-Ben site.

Good luck

Semper Fi

Gastone

[saints13]

I'm in independent living program right now. But VA just denied my claim for iu?? How can that be? Have letter from my VA PCP saying I'm unemployable, in independent living program but denied tdiu???? Made no sense to me at all.

[Gastone]

saints13: The TDIU Raters guide specifically states that if the veteran claiming IU is now or has been in the VA Vocational Rehab Program, the rater must obtain all records available from VOC Rehab. I'm not sure that that includes Independent Living Program. I was never in the Indep Living Program, just recently refiled to get into it. I went strictly through Voc Rehab, when it became apparent that due to my SC conditions I couldn't continue with the program, I received a Letter from the Voc Rehab councilor stating that I was not able to participate due to My SC conditions. At my recent 6/27 DRO Hearing for TDIU, the DRO stated that that "Denial Letter" was a determining factor in granting me IU T&P.

[Gastone]

Jaluluah11B: Please understand that my opinions are only based on my past 4yrs of research and my own personal DRO Hearing 06/27/14. I assume you filed for IU after receiving your PTSD award, which also informed you of the inferred possible IU elegibility due to your Scheduler Rating of 70% SC. I applied for IU 4 days after receiving my 70% PTSD rating that got me to 90% SC in 2011. Was Denied IU 09/2012, Filed IU NOD same month. Awarded IU at DRO Formal Hearing for my 1st NOD filed 09/2010, that was still pending with a couple minor issues. I opted for an "informal Hearing," please refer to my DRO posts for particulars. The "Informal" worked for me. Walked out with IU from 2012 NOD as well as awards from 2008 Claims.

Regarding your IU NOD filing, early 2014. I'm not clear on whether you requested DRO Review with or without a personal hearing, or did you opt to proceed directly to VBA court? Please spend some time reviewing the recent NOD posts regarding DRO hearings. I think DRO Hearings have been taking about 2yrs+ and the court cases that I looked at 3-5Yrs or longer if remanded.

I could be wrong, but brother, once you file the NOD and complete the VA form requesting your decision regarding DRO or VBA Court, YOUR Locked. The original rater is not involved in a DRO Review or Hearing. Unless you want the same decision the original rater made on your claim, it is absolutely necessary that you provide "New Evidence" for the DRO to consider. You can add new evidence all the way up to your DRO reviews your claim and or up to the day of your DRO Hearing, if that is what you requested. If you opted for the VBA Court route, you can add "New Evidence" right up to the hearing date. If you decided on the Court route, you might consider getting 2 or 3 free consultations with VA Credentialed Lawyers.

As for "Reconsideration," it is not an official VA stage of your claim. More importantly, once you file the NOD, my understanding is the original rater is done with your claim. I know some Vets think and maybe they can, get a reversal from the original rater shortly after receiving the denial. You have 11 months after the denial to try the "Reconsideration" before you MUST file the NOD before the 365 day dead line. I think any hope of a reversal by your reconsideration request, bit the dirt, with your NOD filing. For your sake, I hope I'm Wrong!

GOOD Luck!

Semper Fi

Gastone

[Jaluluah11B]

Today a new claim was initiated on Ebenefits!

Claim date 6/16/2014 Gathering evidence PTSD, Unemployability

What do we still need from you?

Automated 5103 Notice Response ( This is just going to be a letter sent asking me if I have anything else to submit right? )

I looked at my NOD status and it is still in stage 1. So I have a NOD pending while also getting my 70% reevaluated for an increase due to my new additional evidence (SSDI) ?

Regardless I am just happy it finally shows up in Ebenefits. Makes me feel like it's actually moving towards some decision.

[Navy04]

^Jal,

^{Glad to see there is some movement finally bud. Good luck and keep us posted.}

[carlie]

I am almost positive that my SSDI is solid enough evidence to eventually raise my rating. I am just not sure if they will grant it right away or deny me and drag out a multiple years long appeal. Either way I should have an answer within the next couple months since it's a very simple 1 contention claim with 1 piece of additional evidence.

Personally, I would compare exactly what is written in your SSA evidence to

what exactly is written in your VBA PTSD C&P, along with the Reasons and Bases Section

of the VBA Rating Decision that granted your PTSD at 70 %.

Then compare it all to Part 4 of the Schedule for Ratings and the regs for IU.

jmho

[Jaluluah11B]

I called Peggy and did my "5103 Notice Response" over the phone. It is 100% out of my hands now. They will make a decision on an increase to 100% or TDIU based solely on me being granted SSDI for my mental health condition. I don't know if they will schedule another C&P.

Personally, I would compare exactly what is written in your SSA evidence to

what exactly is written in your VBA PTSD C&P, along with the Reasons and Bases Section

of the VBA Rating Decision that granted your PTSD at 70 %.

Then compare it all to Part 4 of the Schedule for Ratings and the regs for IU.

jmho

I have never seen exactly what was written in my SSA decision. They denied me once then I won on my first appeal. I called for any paperwork they could give me and it just has down 1 item = 12.06 Mental Health Anxiety Related Disorder.