Rated 100% Want To Appeal For P&t

[vet201060]

I did my claim on ebenefits and can not figure out how to file for an appeal. I recently got paperwork from work and VA Dr that states it is a life long condition. I have had trouble at work and might be seeking disability retirement. I looked at my claim and searched for an appeal this decision status. It shows there isn't one because I havent been able to appeal it yet. Thanks guys for your help

[Gastone]

Vet: Clarification please, are you rated 100% SC Scheduler or are you IU paid at the 100% SC Comp level?? NOD pointed out that from your initial question it appeared you weren't TDIU. I looked back at your 08/20/14 post and it appeared to me that you were working full time and were rated at 80%. It now appears to me that you are no longer working and have recently been rated as "IU." Please advise. It also looked like you had a PTSD rating in the mix. PTSD is one of the issues that the VA considers to be a treatable condition with an excellent chance for symptoms to lessen over time. With the chance of future PTSD improvement that could reduce the affects of PTSD on your employment, a P&T classification might be affected. When the VA rater looks at your current employment situation, the possibility of future Sedentary work is considered. I think you mentioned bad feet, a rater could make a decision on your ability to earn future "Gainful Employment" which is currently at $12,???.00 for one person, as a reason not to give you a P&T rating.

Semper Fi

Gastone

[Chuck75]

TDIU's basic definition is unable to work. Keeping a job that meets the requirements of significant full time gainful employment (even if the employer is bending over backwards)

means that the basic requirement is obviously not met.

PTSD gets into another area, and if it's responsible for the majority of the disability, then supposedly a veteran is not supposed to be working.

Let's say that a veteran is also drawing SSDI and working. Sooner or later, something is going to come up, assuming that SSA monthly payments are being made.

The VA undoubtedly has access to SSA records.

[Philip Rogers]

If you are 55yo (or older), or you've had your condition for five yrs or more, w/o improvement, the VA is supposed to consider you P&T, period.

pr

[john999]

The VA is supposed to do many things but if you don't knock them in the head somehow they don't do it. I have no magic potions to make the VA do what they are supposed to do except to make claims and inquiries. If my claim indicated that I was permanently disabled I would appeal a denial right away. Why wait five years to get ChampVA for your wife and Kids? I wonder if it would be a CUE if the VA did not consider a condition you have had for five years at P&T? The VA has all this wiggle room we do not have. I know exactly what Phil is saying about what the VA is supposed to do such as consider every 100% vet for "housebound". In the past at least they hardly ever did this unless you had 100% plus 60%. Even in those cases they did not always do it until the vet claimed it. The vet is not supposed to have to claim it. The VA is supposed to read and consider all the evidence in a claim......ha,ha. I know they don't do that.

John

[vet201060]

I am 100% scheduler as of Oct 2013. I received my approved claim in Sept 2014. I am working full time and they lumped depression, anxiety, sleep(insomnia), and PTSD all together. My employer needed a letter from my Dr to get FMLA approved which protects my federal job so I can miss up to 12 weeks a year. The Dr. stated it is a lifelong and not expected to get better. That is coming from my psychiatrist at the VAMC. I was thinking I could submit that along with some paperwork from work. I have a 17 year old that has one more year in high school and would really like to use the college benefits. I also have some things that were denied without an exam and they are issues that are in my SMR's. Thanks everyone for your help. How do you appeal thru Ebenefits? I am in my 30's btw.

I was rated 50% initially for mental back in 12/2006. Then filed for increase in Nov 2010, granted at 70%. Then filed this year for increase, granted 100%. So does that mean I should be P&T at 50% at least? I will have 70% or better for it for over 5 years even if they were to decrease me in Dec 2015.

Edited December 8, 2014 by vet201060

[FormerMember]

You technically need five years under your belt @100% to attain the sobriquet of no improvement but you mention the magic paper ("The Dr. stated it is a lifelong and not expected to get better".) That's the ticket to Chapter 35 benefits. I cannot stress how important it is to push for it now in light of your child's age. I did so and managed to get my son in on the tail end of it for law school. Remember, the Chapter 35 bandwagon is only good until the child's 25th birthday. Likewise, your spouse is entitled to four years of college as well with a 12 year suspense date. Check your state for benefits. Mine (the other Washington) pays the freight for the tuition completely. VA throws in about $965 a month for 45 months.

clear prop