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Ptsd 70% Rating And Haven't Worked Since 2007? Help Please

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pushbroom

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I'm confused. I have DX from two VA PSY for PTSD, MDD, and GAD. All service connected. Just received initial 70% rating for PTSD. Interconnected symptoms.

I've also not really worked besides odd jobs here and there since 2007 where I had 6k in income. Had to file because I was in school in 2007 or I wouldn't have. Haven't made enough since then to need to file.

Was finally homeless last March when I finally went down to the VA for help. Because I had hit bottom and didn't bounce. Claim just finished. Also rated for tinnitius 10% and lower back 40%. Gives me 80% total.

I don't understand why I was rated 70% for PTSD instead of 100% when I haven't worked since 2007. Haven't been able to get a job. Wouldn't have been able to keep it. I'm a soup sandwich. The VA has a printout I got from the SSA showing my actual income for the last 20 yrs. They did not mention it in their decision but it is mentioned as part of one of the evaluations they mentioned in their decision.

So. What do I do next? Am I wrong in thinking the 8 years of unemployment should put me into the 100% rating even if I haven't forgotten my own name?

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Did they send you a TDIU form when they made the 70% decision?

Did they mention possible consideration for TDIU and defer that issue?

Do you get either SSDI or SSI solely for the SC conditions?

If so did the VA know that?

The compensation for TDIU is the same amount as 100%.

"The VA has a printout I got from the SSA showing my actual income for the last 20 yrs. They did not mention it in their decision but it is mentioned as part of one of the evaluations they mentioned in their decision."

Are you able to scan and attach their Reason and Bases part, and the Evidence List from the last decision here?

(Prior to scanning, cover the C file number, name, address)

You can certainly appeal this decision but we need to know more , so that we can determine how you should appeal it.

They certainly could have committed a clear and unmistakable error.

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I've heard about "staged" ratings, where you would qualify for a high percentage during a certain time period. ie: you rated 50% initially, but for a period of time your condition warrants a 100%, then drops back down to 50%. I don't know if that only qualifies for an appeal though. Berta is much more knowledge about this sort of thing.

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Get the IU FDC filed yesterday!

Forget about the PTSD 100% for now, concentrate on your IU claim. If you've filed taxes in the past few years, attach as PDFs to your claim. Proof of below poverty level income ($12,400) per year is very critical. Give some thought to applying for VA Vocational Rehabilitation. A statement from a VA Vocational Rehab Councilor indicating you're currently ineligible for Voc Rehab due to your SC conditions and unable to do even sedentary work at the Gainful Income level, could seal the deal on an IU rating.

Semper Fi

Gastone

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Did they send you a TDIU form when they made the 70% decision?

No. They did not. Just the NOD forms

Did they mention possible consideration for TDIU and defer that issue?

No. They did not.

Do you get either SSDI or SSI solely for the SC conditions?

No. I haven't filed yet. Being homeless I was waiting for this to go through before I pursued the other.

If so did the VA know that?

n/a

The compensation for TDIU is the same amount as 100%.

"The VA has a printout I got from the SSA showing my actual income for the last 20 yrs. They did not mention it in their decision but it is mentioned as part of one of the evaluations they mentioned in their decision."

Are you able to scan and attach their Reason and Bases part, and the Evidence List from the last decision here?

Is this it?

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That was in the letter they sent me. The following is directly out of the c&p from May 16:

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Get the IU FDC filed yesterday!

Forget about the PTSD 100% for now, concentrate on your IU claim. If you've filed taxes in the past few years, attach as PDFs to your claim. Proof of below poverty level income ($12,400) per year is very critical. Give some thought to applying for VA Vocational Rehabilitation. A statement from a VA Vocational Rehab Councilor indicating you're currently ineligible for Voc Rehab due to your SC conditions and unable to do even sedentary work at the Gainful Income level, could seal the deal on an IU rating.

Semper Fi

Gastone

I haven't filed taxes since 2007. Because I haven't been employed. No w2's no 1099's. I gave them a printout from the Social Security Administration which clearly shows this. The effective date of my 70% rating was March 2014. If I file a new claim won't I then lose the $15k+ in retro?

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