Is It Possible To File For Schizophrenia And Iu At The Same Time

[Tip]

or do ihave to file seperately or what would be the wiser decision

[Berta]

Good question.

You can formally file for the schizophrenia claim along with the TDIU form.

This way there is a standing claim for both, in the event they do not award TDIU, they would still have to make a rating and decision on the disability.

Refer to each claim in both claims....

The basic Claims forms have changed, I think today is the effective change date, and they will reject , as I understand it, claims after today, not filed on the correct forms...

That info and form links is here in discussions in this forum.

Do you receive either SSI or SSDI solely for the schizophrenia?

Is this disability manifested and/or diagnosed in your SMRs?

Do you have current treatment records as well as continuous treatment records, from your discharge?

Schizophrenia is a chronic presumptive psychosis if manifested at least at 10% within in year after service.

This BVA decision contains the regulations for that


ORDER

The December 1973 rating decision which denied service
connection for paranoid schizophrenia contained clear and
unmistakable error. The appeal is granted.
http://www.va.gov/vetapp10/files1/1001265.txt

Edited March 25, 2015 by Berta (see edit history)

[Navy04]

I agree with Berta, but make sure that you have all your Evidence and Ducks in a row first, so that the VA does not try to low ball you later. Good luck and God Bless!!!

[Tip]

berta i was discharged in 2009 with oth discharge. i filed for disability benefits with va and received letter stating schizophrenia is service connected but oth discharge wont allow benefits to be paid cause of a bar to benefits. i have upgraded my dischrge to general under honorable conditions in lieu of court martial. with that type of discharge am i entitled to benefits... then i was approved for ssdi in 2010 for paranoid schizophrenia. there is only talk of personality disorder in my military medical records even though i was hospitalized for telling mental health i thought i could read minds by looking into peoples eyes which is what i thought was trueup until i found out about 'SCHIZOPHRENIA' as a illness i was also hospitalized 3 or 4 times since 2010 to 2012 and i have the paperwork to get my doctor to fax over my current treatment records. im currently waiting for a copy of my ssdi award letter. when i get that i will send the release of current treatment records and past for va and will send tdui application anything else you or anybody could recommend i do or say on my forms would be really helpful as i am struggling to write my tdui form

[Berta]

" i have upgraded my discharge to general under honorable conditions in lieu of court martial. with that type of discharge am i entitled to benefits.."

GOOD FOR YOU,

And as I understand how the BVA decides these claims, with same type of upgrade, you would certainly be eligible for VA benefits.

In part:
"As the Veteran applied for upgrade
under a program applicable to all, and was subject to the
same standard as other service members with OTH service, the
September 2005 determination by the DRB serves to lift the
bar imposed at his original separation from service.

The Veteran's active duty service from March 2000 to May 2004
is honorable for VA purposes, and no bar to entitlement to VA
benefits exists with regard to that service. Basic
eligibility for VA benefits is warranted."
"ORDER

The character of discharge for service from March 2000 to May
2004 does not constitute a bar to VA compensation, and basic
eligibility for VA benefits is granted.

Service connection for PTSD is granted.

Service connection for bilateral hearing loss is granted.

Service connection for tinnitus is granted."


http://www.va.gov/vetapp10/files2/1019655.txt



. "then i was approved for ssdi in 2010 for paranoid schizophrenia."

Paranopid schizophrenia is a chronic presumptive illness.....

Is it possible that you, or someone in your behalf filed a claim with the VA during the first year after your discharge, that the VA either denied or never acted on?

The reason I ask is because Schizophrenia, appearing at least at 10% disabling within one year of discharge, is a psychosis , and is a chronic presumptive condition.

When was the first hospitalization and was that at a VA or private hospital?

How soon was that hospitalization from your discharge date?

I have no doubt, with a SSDI award solely for schizophrenia and the character of discharge you have now, that VA will award you TDIU.

I only hope that they give you the most favorable EED on it. So it is always good to file for TDIU ASAP as they will ask you for evidence after uyou file the foem.

FDCs are different. Maybe you have enough with the SSDI and DBR info to file now....

Others here will advise on that ( FDC Fully developed Claim)

By the way, send VA copies only of anything they ask for ,with a proof of mailing, and I am new to using ebenefits on line but I think maybe you can even file the TDIU claim at the e benefits site.

We have a lot here on TDIU in the TDIU forum.

And you are certainly not the only vet with a psychosis that the Military didnt treat and caused them to give you bad paper.

MANY vets however in similar situations as you were, do nothing, until many years go by, and then it becomes VERY difficult to get the bad paper discharge overturned

I commend you for doing that!

DO you have copies of your SMRs, personnel 201 file and the post service medical records ?

I think you will certainly gain TDIU for schizophrenia but I only hope you deal with a VA that can read.

Do you have a VSO or vet rep to help you locally?

In the above BVA decision , it looks like the RO ignored a VA General COunsel Opinion and hinged on misinterpretations of the DRB findings.

The veteran had an attorney at the BVA, but I wonder why the attorney didnt fight this at the RO level after the NOD was filed.
The VA obviously caused this case to take years to award.

Then again that is the case for MANY vets who are in the backlog now.Errors at the VARO level.

But another reason why we here can help prevent, in some cases, hopefully, the VARO from committing errors like that.

I feel your claim is very strong, but then again, no one can predict some of the BS that VA might pull on us.

Edited April 10, 2015 by Berta (see edit history)

[john999]

Just be sure to appeal on time if denied or low balled.

John

[Tip]

thank you everyone especially berta it seems now all i have to do is file for comp on schizophrenia and a tdiu claim and the writing aand research begins any schizophrenia claims that have won with info that could help me write this/