ptsd 50% Current Rating. Just Fired From Job Over Conflict. Tdiu? Increase Rating?

[navyvetinNC]

I am currently rated at 90%.

50 for ptsd

50 for apnea

a bunch of 10s and some zeros. i'll enter it all here if it matters. I'm still rounding up to 90.

Anyway..since my ptsd decision of november 2012...I've had an interesting life.

I did get a good job...first one outside of the military...since I retired. But I just got fired. I had a lot of conflict with my boss.

I've also had a lot of conflict with my wife...this was going on before rating and was part of rating. There have been a couple more 911 calls and dept of social services got involved for a while. I was told to leave house for a while. I am back in house and still doing marriage counseling. Still lots of strain.

When I look at my letter..it says next hightest level of 70 is not warranted unless there are issues in "most" areas. The only area I don't have issues in is school..and that is because I am not in school. No interest there.

There are a couple of other smaller things I think I have some additional evidence for...that might get me another 10...or in one case may go from 10 to a 30...maybe.

My biggest issue...change is ptsd and the impact on my life.

So...what do I do. Is a tdiu application and a submission of new evidence different things??

Can you do both at same time??

I obviously have time to work on this now...and want to give this the best shot possible. Need some help and guidance.

[Mikemmlj]

I'm not the expert but I would think you would start with your mental health team at the VA, then file for an increase. The difficulties at work are clear and are a major part of a mental health rating.

[Gastone]

Navy: When your at 90%, getting a bump needs a new condition rated @ 50% to get to 95 round up to 100, very difficult.

I filed for IU w/in 1 week of getting PTSD rating and "Infered IU Claim" pending notification with the PTSD rating. IU denied 09/12, NOD 2 days later, Awarded IU at DRO Informal Hearing 6/27/14. Big help at the Hearing was a VA Vocational Rehabilitation Denial letter stating that my attempt at VA Voc Rehab was not successful due to my SC Conditions. VA DRO said the Voc Rehab letter is a DEAL maker. A VA professional Employment Rehabilitation Expert has decided that you are currently unable to be retrained in any field to get "Gainful Employment Income." (Currently the US Census poverty level income for (1) person $12,???.00) File now for IU. Check out VOC REhab, depending on how screwed up you are, you may be able to get a Denial Letter in short order.

A Vet that I assist got the Denial Letter at his second appointment. He's still waiting on his NOD Hearing, but he got his State property tax exemption for 13 & 14, big bucks, based solely on his VA Voc Rehab Denial Letter as proof of his status as SC 100% Unemployable. He's @ 80%. I just talked to him regarding the "Letter" and found out he was sitting on it, going to present it at the DRO Hearing. Big mistake, next day he sent the Voc Rehab Denial Letter into the VARO as "New & Material Evidence" to support his IU claim. This should trigger an automatic VARO Review of his IU Denial by a Senior Rater or an actual DRO which I believe will reverse his denial. This should take place in a much shorter period than the NOD DRO Hearing. This automatic VARO review is not an option, it's a VA Regulation.

Semper Fi

Gastone

[Philip Rogers]

Can you post your 2012 PTSD decision, for us here. Block out any personal info. I'll be looking for errors, they may have made. My feeling is you should've appealed that decision and requested a higher PTSD rating. The VA often lowballs claimants. They started me at 30% which I appealed until I was rated 100%, retro to day one.

pr

[john999]

If you want to get TDIU you should get an IME that states due solely to your SC conditions you cannot work. I would hire a private shrink who knows how to do an IME/IMO and get the report and file your TDIU claim. You can often get one for 300-500 dollars. Just because you are 90% and are out of work will not get you TDIU. You can file for it but you must have medical or vocational rehabilitation evidence that you can't work. You will probably find the VA shrink you have does not want to get involved and you will end up seeing a C&P shrink who may say you are just fine. I had one say he could not evaluate me for TDIU because I was unemployed.

John

[sdvet33]

I'm in this same sitaution. I have a combined rating of 80% with a 70% rating for PTSD. I haven't wortked in about 3 years and can't keep a job held down because of my symptoms. I 've tried numerous times and it lasts a couple months at the most. My VSO is telling me i need to file for TDIU but theyre saying i need a letter from my Dr. Saying i can't work. I've been treated at 4 different V.A facilities, but my current V.A doc i have only met with once and she prescribed me a bunch of meds and i've never talked to her again. I'm kind of worried about asking her for a letter because she barely even knows me.

Question is does anybody in SoCal know of a good psych doc i can go to to get an IME or IMO or whatever it's called.

[Gastone]

When it comes to an IU claim it doesn't really matter to the VA Rater what you or I think. It all comes down to your Quality of Evidence supporting your assertion that you should be rated as IU. I was 90% with an Inferred IU claim and filed within 3 days of the Award Letter, figured it was a LOCK, Denial about 11 mos later. i eventually got the IU Awarded at my 6/14 DRO Hearing along with a T & P with no future Exams Scheduled.

Looking back, my IU Denial was due to my over confidence regarding my Evidence of Record. Should have got the VA Voc Rehab Denial letter to verify my IU. A professional Employment Councilor, VA or Private opining that your SC conditions preclude you from obtaining Substantially Gainful Income Employment would eliminate any wiggle room for the Rater. I've seen a couple Vets denied IU because of a College Degree from 30 Years ago. The Rater opined that the Vets were capable of retraining to do Sedentary work that would generate in excess of the $12,400.00 Poverty Level Income that the VA uses as determining Gainful Income. My Voc Rehab Denial Letter took that reason for Denial off the table.

How good is Your IU Qualification Evidence?

Semper Fi

Gastone