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Tdiu For 10 Years, Apply For P&t?

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10thFO

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Hello everyone, hope it's a good morning whereever you maybe. Low Down, I was awarded TDIU back in '09 dating back to Oct, '04. I have been through another in patient for PTSD since then, and was awarded SSDI as well for my PTSD.

I recently moved to upstate NY from Virginia, and want to go ahead and apply for P&T. One, what do I need to do to do that, just file a SSOC, since my claim has been closed for 5 years now.

Two, should I submit my form to the nearest RO in NY, or should I go ahead and just submit it to the RO that did my original claim, Roanoke VA, VARO.

Any advice would help, as I'm feeling a little overwhelmed by this again. Went through a divorce, and trying to get my son's educational benefits lined up. Thanks again for any help.

Happy B'day to my Marine buddies out there.

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10th: My take on this is if your primarily PTSD SC say 70%, you could have a problem with the P & T. Just about any Med Doc on PTSD indicates it's a treatable condition with a possibility of future symptom improvement. If you had a number of other chronic debilitating SC issues, that would be a different story. I was 90% SC since 2010 going into a DRO Hearing 0627/14. I opted for an "Informal Hearing" covering a 2010 NOD and the DRO decided to cover my 2012 IU NOD. Now, this is the only VA DRO Hearing I have ever been a party to, so no vast experience claimed. With that said, the DRO and I talked back & forth regarding issues like 2 guys over a couple of beers. When it was all done (approx 35 min) I walked out knowing all issues awarded. That afternoon my VSO Rep from the hearing called to advise me he already had the DRO Award on his desk and it stated IU T&P.

The T&P had not been discussed or even mentioned during the Hearing. Age wise, I was in Nam in 69. SC conditions (70,50,30 and 10) all chronic.

Semper Fi

Gastone

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Okay guys, I found the VA 21-4138, thank you Carlie. Please look at this letter, and see if that is succinct enough, or if I should change. Sorry I need my hand held on this, but it is causing me some anxiety, or maybe it's the coffee this morning, :).

I am writing to ask for a rating of Permenant and Total as it pertains to my current rating of 80% TDIU. I have been at this status for 10 years now and have shown no improvement. I have been through two in patient programs for my PTSD, the latest being in Dec. of 2011. I also was awarded Social Secutirty DIsability in 2007 for my Post Traumatic Stress disorder.

I am enclosing my award letter for the PTSD throught the Social Security Amdinistration, along with the questionairre that my in patient Doctors on the PTSD ward at the Salem, Va. VAMC filled out for the SSA, in regards to my PTSD, and inability to work because of it'sw restraints on my daily life, and abitlity to maintain work.

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  • HadIt.com Elder

The rule is that if your vet has been totally disabled for ten years at least before he dies his widow would get DIC. You don't have to be P&T but just totally disabled for ten years. If you are married 8 years of those ten years before his/her death you get a few hundred dollars extra. If the vet dies from a SC condition the spouse also would be eligible for DIC. If the vet dies from an SC condition you also get some extra money for the burial.....$2000 or 2500 bucks I think for an SC death. If I die from an SC condition which I probably will I already told my spouse to claim both the ten year thing and direct SC death for the DIC. I just have to avoid getting hit by a beer truck, or dying of a non-AO cancer for a few more years. Since half the cancers in existence are SC for AO maybe they all will be by the time I am 80 years old so I can die with knowledge that the Army killed me, finally. I think the VA should just say if you served in Nam and you die you should be considered presumptive for AO. 2/3 of Nam vets are already dead.

John

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  • HadIt.com Elder

My opinion

I think the VA should award P&T at the time they award the TDIU...& as for as ratings go if a veteran is rated 90% he is fairly well disabled so why not just rate the veteran 100% not much difference between a 90% rating and 100%rating with a disability.....other than the comp/benefits is more for that extra 10%

90% disable is just as bad as being 100%disable makes no sense to me to rate the 90%

I am saying they should maybe just rate up to 80% anything over that would be 90% so why not just rate the veteran the 100%...if they would do that they would be less claims...because if a veteran is 90% disable he can't work because of his disability....but they choose to have that open and make a veteran fight for that extra 10% eventually the veteran will win his claim and be 100% or either a rating using the the extra scheduler rating up to 100% P&T

Edited by britton
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Britton, I agree. How can they look at someone 90% and say you can still work but get another 10% and you can't. At that point I'm not sure that using their math is the correct way to determine if someone can or cannot work.

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