ptsd Iu Filing Help

[wnappster]

Can someone help me understand am I eligible to apply for IU or should I file for secondary to existing condition.

The situation is I am currently 90% combined. 70% PTSD, 50% sleep disorder, 10% herniated disk, 10% Wrist pain, 10% HBP.

I had an auto accident that was caused by PTSD flashback and I suffered a concussion and have made 2 attempts to return to work both failed the 2nd required a trip to the ER after loosing my sight briefly, I have not been able to work for more than 14 days in 6 months and am currently out on employer short term disability, I am a gov. contractor an most likely will be terminated shortly. I have been seeing a neurologist ever since the accident and been to vascular rehab but the post concussive symptoms dizziness, lack of concentration, photophobic, nausea, lack of balance, memory problems prevent me from driving and returning to work. I am hoping to a second opinion from a TBI clinic to assist in recovery and more rehab.

[Gastone]

WNAP: I orig filed for Voc Rab back in 2010, hoping to get a VA Job and Bennies. Went thru it and realy couldn't get my PTSD out of the way. After 3 months the councilor agreed that I wasn't going to be able to use the program but advised me I could reapply at a future date if my SC conditions improved. I think I had just filed for IU after getting an Inferred claim advisory in my recent PTSD award. The Voc Rehab Councilor advised me that a Comp Rater had stopped in to review my VR File but had missed him and never came back. The councilor said he would write me a Denial Letter but neither he nor I pushed it, my mistake. Early 2011 I realized the importance of the VocRehab denial letter, had to apply again and see a different Councilor. Explained my situation regarding needing a Denial Letter, she reviewed my file and I had the Letter in my hand the following week. I made sure it was in my C-File by US Mail Cert_Recpt but she had placed in the C-File also. 2 Denial letters better than 1, right.

Vocational Rehab takes very little effort on your part, couple hrs at 1st Appointment for testing etc. The payoff is huge. A Vet 80% SC, I pushed to Voc Rehab after getting an IU Denial, got the Voc Rehab Denial letter for his NOD Hearing, still Pending. I called him and advised he use the Voc Rehab Letter as Evidence of his IU status in filing for the Michigan Disabled Vet Property Tax exemption. Keep in mind his appeal of IU Comp award is pending. His city Tax Authority accepted it. He got 100% refund of his 2013 & exemption from 2014 property tax. Big Bucks for a little work. His original VA IU Denial was based on his 4 yr College degree. The Voc Rehab Councilor took the degree into consideration when making her decision. His DRO Hearing should be a LOCK. A VA Professional Employment Councilor has deemed him Individually Unemployable at this time. Show him the Retro!!

Semper Fi

Gastone

[john999]

I would apply for FERS disability and SSDI. TDIU, OPM and SSDI can all dovetail together. I get all those benefits but not at the same time. FERS is the easiest to get and can be used to bolster the other claims. If you have money in the TSA you can get at that because you are disabled without the penalty I think. You want money coming in while you wait for TDIU and SSDI. After you are disabled getting any sort of life or disability insurance is impossible as is LTC insurance. The sooner you file the sooner you get the benefits. If your job contributed to your disability you can sometimes win a worker's compensation claim which can tide you over until you get TDIU or 100% from the VA. I did all these things when I was disabled from my USPS job way back in 2001.

John

[wnappster]

Gastone,

I am still on my company's book's out on company private short term disability awaiting long term disability (most likely will be terminated if approved or when they see I have applied). Cigna private insurance will require that I apply for SSDI after a period of time (written into private insurance policy), I did contact a lawyer about SSDI and he said I had to be unemployed for a year and that if I was being paid private disability insurance why apply for it until they require it because they will fight your case.. I am going to apply for IU and get all supporting documents in order for claim.

John999,

I am a contractor, how does FERS affect me? I do have some money coming in from private insurance short term disability insurance that may turn into long term if approved. Not a workers compensation claim. Cigna private insurance will require that I apply for SSDI after a period of time (written into private insurance policy), I did contact a lawyer about SSDI and he said I had to be unemployed for a year and that if I was being paid private disability insurance why apply for it until they require it because they will fight your case.

[MPsgt]

Wnappster, If you need to ask how (FERS) Federal Employee Retirement System affects you. Then you're more than likely not a Federal Employee. However, that doesn't exclude you from applying for SSDI. Just keep in mind. That you can't be working to receive SSDI. Yet, after receiving SSDI? The Social Security Administration will let you test the waters on new employment. The best thing to do for yourself is visit www.ssa.gov and educate yourself. Best of Luck.

[Gastone]

W: The Elephant in the room is your "Gainful Employment!" Current $12???.00 2014 US Census Poverty level for (1) person.

If your self-employed you can push that your income is from sheltered employment, don't just assume the VA is going to take your Self-Employment into consideration unless you specifically point it out in a "Signed Affidavit." If you don't lay out the Self-Employment as sheltered income, a rater can automatically deny your claim due to evidence of "Gainful Employment." Did it to me in 2012, took a DRO Hearing to get award.

Semper Fi

Gastone

[Buck52]

Sorry little off topic here...but a lot of veterans don't know they can get TDIU with a lower % rating.

I have a question and I know its been answered on here probably 100 x

But what is the difference between 100% P/T SC rating & scheduler TDIU P/T SC rating?

I understand with a TDIU rating a vet can have a lower % rating but needs to be Rated 60% for the schedule rating under the CFR's, then they rate him 100% due to his disability and can't seek gainful employment ,(with medical evidence) they rate the vet 100% TDIU with or without P/T and if the disability is of nature then no future exams schedule with P/T

So 100% P/T SC Rating and a Schedule TDIU P/T Rating both equal 100% for the veteran...compensation is or equal except for any additional SMC ect,,ect,,& dependents.

So which one is better??

I Appreciate any comments on this!

Thank you in Advance

Edited November 7, 2014 by britton