ptsd Vet In Need Of Good Advice For Va Claim Legal Advice Would Help The Most

[jerrod]

Hello I my name is jerrod and I've had a long haul and exhausting trial thru the VA. Alright I am going to start this long and drawn out story from the time I got out of the military, so bare with me.Ok here it goes I got out of the military in 2008 with a medical discharge and was awarded 10% thru the military for PTSD. I joined the class action lawsuit in 2010 for Sabo vs military and turned around and rewarded for an 30% increase for PTSD back to the date i got out which was great news. Va rated me for the Same when I first got out right but hasn't yet looked at it and went back and changed it. Well i think that they should have to go back and look at there original evaluation. But who am i to disagree with them. Well I had a moment in life were things got back I blacked out and got into some trouble trying to commit suicide and went to prison. I got out went straight to treatment to change my life or lets say learn how to better deal with my problem. I Filed with the Va before that when I originally got charged and got out for a increase after treatment. Well while i was in prison I missed my exam date with the VA for my rerating. I sent a written letter appealing the denial of my rerating and they put me in the appeal status and I was lost in the system again so I got tired and got smart. Knowledge became my only life to making my life looking to get better. I called and called VA until I finally got that person who was there to actually help me and told me to to speed my case up to open it as a new case so i did and hoping they keep my original fileing date. I was trying to figure out how to change my life in some kinda way to make things better. I filed for social security disability and went thru that struggle and gotten a lawyer and she pulled out of my case cause i moved states so instead of quoting and changing states I kept on it. I was denied originally and went in front of a judge and represented myself and explained my issues and problems and told them about myself. Four months later I got a favorable decision and was awarded disability in Oct of this year which was great news for me and my wife. With an onset date of April of 2011 saying i did have any substantial gainful employment since than. Well Ive been reading similar cases and people are saying for there experiences they went back to the onset date Social Security recommended. So today I sent the paper work in to be put in with my increase and tomorrow I am gonna ask for IU thru the VA its worth a shot right. Im thinking so. Social security put my PTSD as severe but the VA thru the years has yet to given me any kinda specific expiation of my systems. Well as moving to the VA in Biloxi,MS nope there attacking a new issue and say i have ADHD both types plus I just talked to the doctor for the shoulder pain I've been having since the military and I've been seen a couple times and now say I have scoliosis probably from rucking and marching. Which is very discouraging for me bc theres nothing to do for the pain but to learn to live with it and ways for therapy and way to stretch out the muscle. More great news. So as time goes on with the medication I have who would ever want to hirer me and tell them my problems. Which I haven't done nothing with the VA for that bc IM still trying to get my rerating on my PTSD. Oh yah and while I was in treatment they finally decided that my bilateral hearing loss was bad enough to get a hearing aid and with the PTSD claim i put that claim in there because I have to wear a hearing aid now. Which I hate cause it seems like a micro phone in my ear. So lifes very frustrating with my wife and kids. My wife has a hard time getting along with me thru my different moods and when I'm on the meds how I act with each side effect Im very depressing I don't do nothing I don't go nowhere cause Im always broke and now I have my new baby due in Jan of next year so Im fighting to make things better for myself. Which is hard. Im sure when u look at this ur going to say this is very complex issues and takes time to evaluate but I just want some help. So alls Im asking for is some knowledgeable people to send me in some kinda direction and Ill do the rest but Im at a stuck point and can't figure out my next step with out hurting myself. I know everyone has went thru struggles and seem that mine seem a lot better but u don' know what goes on behind closed doors in my life and I ain't telling but just say I NEED HELP

[free_spirit_etc]

Jerrod,

Welcome to hadit!

Do you have the paperwork from SSA that says your PTSD is severe? That should help. You will want to get any medical records that will support your claim for increase.

[Berta]

If the VA awards TDIU and your SSDI is solely for PTSD and any other established SC disability,

it is possible that VA would go back one year prior to the date of the TDIU form.

It is under the regulations that determine the "date entitlement arose"

I also gave a personal example of how that regulation works here:

"Jbasser made a good point. This regulation is dependent on many circumstances.

For example, if a vet has a TDIU claim and SSA has found the veteran to be unemployable solely due to the same SC the TDIU claim is for, then the VA will render a EED up to an additional year , for TDIU EED and retro, but only

If the SSA EED preceded the VA TDIU form date,

then a veteran might successfully attain more retro back to the SSA date (if one year prior to the TDIU date) gee that sounds convoluted....

I have used my husband's case as example here before.

He filed for TDIU Fall 1992. Applied for SSDI in 1992.

SSDI awarded with Nov 1991 EED.(PTSD)

The VA properly determined his 'TDIU' EED as Nov 1,1991. (The award was not for TDIU but for 100% P & T because they cant award TDIU to a dead person.)"

But one needs to read the entire link.....

You stated:

" I Filed with the Va before that when I originally got charged and got out for a increase after treatment. Well while i was in prison I missed my exam date with the VA for my rerating. I sent a written letter appealing the denial of my rerating and they put me in the appeal status and I was lost in the system again so I got tired and got smart. Knowledge became my only life to making my life looking to get better"

Do you still have a copy of that decision and anything else you got from the VA?

Do you have a copy of your C File?

Re: Sabo you stated: "Va rated me for the Same when I first got out right but hasn't yet looked at it and went back and changed it. Well i think that they should have to go back and look at there original evaluation. But who am i to disagree with them."

Are you saying you filed a claim for a better EED using the Sabo settlement info?

If so what is the status of that claim? Or is that one that was never appealed?

" I called and called VA until I finally got that person who was there to actually help me and told me to to speed my case up to open it as a new case so i did and hoping they keep my original fileing date."

The fact that this is a "new claim" ( I think they might mean "re open" but they didn't say that, they said "new", and in my opinion,

VA will not give you your original filing date ( I assume you mean for the very first claim you filed.)

If your current claim succeeds, that is when you will need your C file and the older decisions in it.

Then we could determine if you possibly have a basis for a CUE claim (CUE forum has info on that type of claim) to recover a better EED.

"Four months later I got a favorable decision and was awarded disability in Oct of this year which was great news for me and my wife. With an onset date of April of 2011 saying i did have any substantial gainful employment since than." I assume you mean did NOT have substantial employment since then....

VA needs to have notice of the SSDI award and will request those records from SSA.

If the SSDI award is solely based on your PTSD ( what is the additional 10% for) and any other estabnlished SC disability is included in the award, that is excellent evidence for TDIU.

Non service connected disabilities which SSDI could award for along with SC ones, are not evidence, for VA purposes of unemployability solely due to service disabilities.

I haven't thought about Sabo in some time.

I need to gather some info on it...

[Berta]

I am a little confused with some of your post...; it is me , not you, I need another cup of coffee....

You stated:

"So today I sent the paper work in to be put in with my increase and tomorrow I am gonna ask for IU thru the VA its worth a shot right."

It is ABSOLUTELY worth a shot veteran!

Do you have the TDIU form, if not it is here:

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

For number 19 Make sure you check Yes and tell them you get SSDI.

This is the latest Fast letter on TDIU claims:

https://asknod.files.wordpress.com/2013/06/fast-letter-13-013-001.pdf

Courtesy of ASKNOD's web site

I think the Sabo situation was covered by VA in the 30% award. but here is some info on it...

Thank you for your Service,.and for putting up with the claims process rigamnorale that many many of us here know is overwhelming and depressing.

I think if one doesnt have PTSD when they start the process, they sure might get it from the VA during the claims process.

http://www.nvlsp.org/what-we-do/class-actions/sabo-ptsd-lawsuit

"As a result of the class action and the settlement, the U.S. military agreed to pay lifetime disability retirement benefits to 1,029 veterans with PTSD who were denied these benefits upon discharge from the military following wartime service in Iraq or Afghanistan. To remedy the violations, these veterans will receive through the settlement:

NVLSP’s lawsuit alleged that the military services violated the law by failing to assign a 50% disability rating to those discharged for PTSD – a disability rating that entitles the veteran to disability retirement benefits.

As a result of the class action and the settlement, the U.S. military agre

entitlement to lifetime military disability retirement payments (which may result in the veteran receiving monthly payments from the military above what the veteran is receiving from the VA) retroactive to the date of discharge.

eligibility to apply for Combat-Related Special Compensation (which may increase the veteran’s monthly disability payments further).

lifetime military healthcare (TriCare) for the veteran, his or her spouse, as well as their children until at least age 18.

lifetime commissary and military post exchange privileges.

eligibility to purchase life insurance coverage through the Survivor Benefit Plan.

reimbursement for expenses paid for the medical treatment of the veteran, the veteran’s spouse, and the veteran’s minor children, from the date of the veteran’s separation from military service."

The actual settlement stipulates:

"The settlement also stipulates that an additional 66 veterans who are class members will receive these same disability retirement benefits if they apply to the VA for disability benefits for PTSD and receive a VA disability rating of 30% or more.

Additionally, the military agreed to increase the PTSD disability rating of another 1,066 OIF/OEF veterans. These veterans were given disability retirement benefits upon discharge, but were wrongfully denied a 50% disability rating for PTSD. The disability rating increases required by the settlement may qualify these veterans for thousands of dollars in back pay spanning several years."

http://www.nvlsp.org/news-room/press-releases/judge-approves-historic-class-action-settlement-victory-for-iraq-afghanista

I assume you fell into the stipulation.

Is that where the 30 % PTSD rating came from?

[Berta]

PS...you asked for legal advice but I am not a lawyer, just a hardcore VA claimant....there a few lawyers who are hadit members here and come on board once in a while.

Just about everyone here has had to practically become a lawyer to win their claims....meaning we had to study all of the regulations and case law and force VA to apply those regs to our claims.

So we do give legal advise ,based on the regulations, but aren't lawyers.

NVLSP won Sabo and they are the BEST!!!!!

They represented me and many others here under Nehmer.

[Mikemmlj]

All I can add is hang in there. Sounds like you've been through a lot.