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.

[broncovet]

I think the VA thinks that VA docs are the only ones who can diagnose PTSD...it seems like I read that somewhere. You will need a doc to say, to the effect, that your sc conditions prevent you from employment in order to get IU.

[Philip Rogers]

You need to file a claim for TDIU first. Then the VA will send you a letter telling you what you need, to win that claim, and you will have one year to submit the evidence. Waiting to file for TDIU will cost you money, should or when you win. jmo

pr

[Gastone]

WNAPP: Just Awarded IU 6/27/14 at DRO Hearing, NOD filed 10/2012. My advice: 1st go on E-Ben and start an IU claim today to establish your CLAIM DATE for Retro. You have 364 days to complete the on line app but the file date is locked as long as you complete the app prior to the 364 days. If your not working, file for SSDI and start preparing for your SSDI Appeal right away. Your 70% SC PTSD indicates a Severe disability picture usually with employment problems.

At my recent DRO Informal Hearing, the DRO told me that 1 of the best pieces of IU evidence I provided, was the VA Vocational Rehab Program Denial Letter. You have to understand, when it comes to a IU rating the VA pegs it's decision on your current ability to earn "Gainful Employment Income," currently $12,???.00. This $12K is the current US Poverty Level Income for 1 Person taken from most recent US Census data. If the VA rater, based on evidence of record determines that you are or could be earning a "Gainful Employment" level of income, you get denied. It's like the Rater looks at your C-File evidence and determines that with your education level, just because you can't earn $75K a year anymore because of your SC conditions, you should be able to find some sort of sedentay work that pays $13K+ a year, You lose. The DRO explained to me that the VA gets Tons of IU apps from vet's that are or could be earning above the "Gainful Employment Income" level. It's up to you to provide irrefutable Evidence to support your IU Claim.

The VA Vocational Rehab Councilor is the answer to your IU Evidence. If in fact you are determined by the VA's own Expert to be not eligible for Voc Rehab due to your SC disabilities, you are considered, Currently Individually Unemployable by the VA. The "Denial Letter" submitted (Hand Delivered or US Mail Cert RTN Recpt) after filing your claim along with a "Sworn Declaration" signed by you, is the best evidence you could offer. This letter could be in your hand in a very short period of time, as little as a couple sessions with the Voc Councilor. On the other hand, if and when you can work, Voc Rehab could assist you in that regard also. At least check it out, it's a no lose program. The Denial Letter is IU Gold.

Semper Fi

Gastone

[wnappster]

All sounds like good advice, I will file. I will ask the shrink to write IMO letter the the flashback letter along with my wife who was with me in the car the first time this happened a 1.5 year ago but no injurys. the neuro dr. may try and do a MACE test and write a letter along with stating his medical opinion or send me out do an eval for the physical/mental testing to assist with the claim.

I have another appt with the shrink and neuro this comimg week and will discuss all this with them.

thank and will keep u all posted.

Sorry about your husband.

Ret MSG

[wnappster]

Gastone,

Wow, I guess I know what I will be doing this week

Question- is the VA Vocational Rehab Program Denial Letter something you started or did the VA send you to form and then set the Appt?

[Berta]

Not only is a Voc Rehab denial (based solely on established SCs )good evidence of TDIU but also a SSDI award (which sure might come faster than a VA award is also great TDIU evidence, if the SSDI is awarded solely for SC disabilties.

But If SSDI included any TBI or residuals from the MVA , in an award , that could hinder it's probative affect as evidence for VA,unless you get that service connected as wekll.

Still I think the SC Sleep Apnea and PTSD alone could be awarded under SSDI ( but neither VA nor SSA cares what I think)

Here is Voc Rehab info:

http://www.benefits.va.gov/vocrehab/eligibility_and_entitlement.asp

I think if you click on the link to identify yourself as a veteran to left top of this next page, then the application might pop up right on line,under the Apply here thing.


http://www.benefits.va.gov/vocrehab/