ptsd Did I Screw Up?

[Cavman]

Rated 50% SC PTSD

Doc stated serious impairment to social and employment, suicidal ideation, mood disorder etc etc etc. Unemployed since 2004 and gaf rating of 48. Was sent IU form with rating letter.

Immediately appealed for 100% and returned IU form along with letters from wife, mother, sister and myself. Also independent doctor`s letter stating I was severe PTSD, totally & permanently disabled and unable to ever work again. Gave me a gaf score of 40. A very reputable doctor.

My question is did I screw up sending back the IU form they sent me because I don`t have at least a 60% disability rating? I was told by someone today I`ll be denied because of that. I have heard of people getting 100% rated with an appeal while being less than 60%.

Cavman

[Cavman]

The VA SO may tell you that you don't qualify, they told me that one day on the phone. A SO told me that you didn't get IU because your not rated high enough for IU. I told I was entitled to IU because I couldn't work due to SC disability, he asked me what makes you think you deserve IU, and what law says that you qualify??? I told him that since I was unable to hold a substantialy gainful job the 38 CFR 4.16 states that I can be considered for IU extra schedular...it made him so mad he couldn't respond intelligently for the remaining, one sided conversation, since they are not used to veterans being aware of the law.

Copy the 38 CFR 4.16 I think, and other BVA court decisions pertaining to your specifics and send a copy of it to them if they turn you down on that basis.

BoonDoc

My SO was absolutely no damn help. Since finding this site I don`t need him at all and am not involving him in my appeal. Do you think I should let the VA know I don`t use his service anymore?

Cavman

[BoonDoc]

My SO was absolutely no damn help. Since finding this site I don`t need him at all and am not involving him in my appeal. Do you think I should let the VA know I don`t use his service anymore?

Cavman

I don't use my SO for the most part, and haven't told the VA anything. I research and then send in what I want and send a copy to my SO for my file at his office.

It's hard to wait out the VA while they're working a claim.

BoonDoc

[Guest jstacy]

Cavman, of you are going to do that , you need to immediatly terminate the Power of Attorney you gave the VSO.

[Cavman]

jstacy, do you think I should do that or just forget about him? I have emailed him many times, but he has never returned but 1 answer in almost a year. Can not letting him know what I am doing affect my appeal in anyway? Does the VA care either way if you have a SO or not? Do you think I should make copies of everything I`ve sent into the RO for my appeal? He won`t do anything. He never even remembers who I am the couple times I have been able to get him on the phone.

Cavman

[kkp]

Cavman I just went back and reread your post. I nearly fell out of my chair, Maybe its a good omen. The only difference I can find is ( they sent you an iu form) and I down loaded one off hadit that berta posted.

Your iu claim proably has more legs since the ro sent you yours.

[Brandy]

Cavman- I replied to something like this yesterday-

There is no requirement that a veteran have a specific rating to be considered for TDIU.

And by filing the form , you protect the EED =the earliest entitlement date.

However some vets who get a TDIU award are able to NOD the EED and call VA's attention to evidence prior to this date that puts them into TDIU criteria.

I always use my husband's case as example.

He filed for TDIU in 1992. HAd claim for higher % since 1991. He was 30% SC PTSD.

In 1997 , over 3 years after his death, VA awarded posthumous 100% SC P & T for PTSD.

They based this on his psychiatric records and gave a EED of Nov 1991.

They got the EED date from his SSA award for PTSD-the last day he worked.

When the VA awards any vet TDIU- the vet should check and see if the VA gave them the proper retro.

If the evidence shows earlier effective date is warranted, they should NOD the TDIU date in the decision.

Berta,

I am in a similar situation. And I wanted to confirm something. When they gave EED of Nov 1991, this was the date that he last worked and not the date that of your claim for increased compensation that you filed in 1991? I claimed that my husband has not worked since 1997 and I requested retro back to this date based on the fact that this was the date that SSA approved. What I did on our initiial claim dated dec.2005 concerns me because this could hold up our claim because of the retro and we are in financial need now.

Brandy

Edited November 2, 2006 by Brandy