ptsd I Need Help With This Claim

[allan1351]

Goodmorning all. USMC,Viet-Nam. I need some honest help so here I am fellow Vets and Family.....I was awarded 50% PTSD on May 14,2015.I felt the va low balled me so I went to the Reg Office in St Pete,FL and met with a Va Rep. this rep told me to file for TDIU gave me the paperwork and told me to bring it back. Well I did and this time had a diff rep.he looked at the paperwork and my file.first thing he said was.....you can't do this....I told him just yesterday the lady told me to. He told me he would be right back. He went and talk to that rep came back and said o'well I guess you can...and filed the paperwork......I came back aweek later just to check my case and had another diff rep...This one looked at my file online and said no you cant do this........She has me fill out paperwork for increase in %...So now I am at a total loss on what to do......I went back yesterday and she told me to just wait until everything settles.... I would greatly appreciate any help......thank you kindly...Allan

[Gastone]

What they said.

Appears from your post, you had initial contact with VSO-Reps when filing your claims, right. Never heard of an Actual VA Employee filing a claim on behalf of a Vet. For anyone to file a claim on your behalf, a POA is necessary. You did get copies of all claims filed on your behalf?

50% SC for PTSD, right? Is that your only SC condition? If so, you don't meet the IU requirement for filing on a Scheduler basis. Not to say, a rater couldn't push an Extra-Scheduler IU Rating, to the Rating Dept Director. A PTSD rating of 50% with no other SC conditions which also affect your ability to do even Sedentary jobs earning a weekly wage of $238.00 is problematic. Just being out of work or under-employed won't get an IU award. The raters don't take age into consideration but will look at your education and training when determining the possibility of Sedentary work. An IU killer.

I read a 2014 BVA IU Denial where the Vet admitted that he sat and played Video games for hours on end to the C & P Dr. Tough to try and say you cant sit and concentrate for Sedentary work after telling the VA Dr that. The BVA continued his IU Denial, no surprise there.

Semper Fi

Gastone

[RickH]

The reps in FL are state service reps there is no Legion or DAV ect in FL the all

work for the State. But guess who pays the rent! Bay Pines is a Zoo!!

RickH

[allan1351]

Gastone thanks...I did get copies of everything I filed. I had filed for COPD and knee injury which were denied. By the way I was Kilo three five in Nam 69.I think I better just get a lawyer.

[allan1351]

Hi All

Things continue to happen on my claim.the va employee now had me fill out a claim for reconsideration.So now theres a claim for Iu,....also to increase rating from 50%.....PTSD.....I was looking at my decision letter and noticed my application for pension was not listed on the evidence reviewed part of the letter... But it was part of the file at the time of the decision....It shows I,ve been unemployed for five years and I stated it was because of my PTSD.Is that maybe a cue?....anybody have an ideal of what I should do at this point? appreciate any and all help....Thanks in advance.Allan

[iceturkee]

Are you working? If you are unable to work due solely to your SC disability then you are eligible to file for TDIU. Usually, if you are eligible for TDIU the VA will bump you up to at least to 70%. Just keep copies of all the claims you file. Filing for TDIU is a claim for an increase. If you are working 40 hours then getting TDIU is not really possible unless you earn less than poverty level. Just keep checking on your TDIU claim. If you get denied be sure to file a NOD within one year.

the va didn't bump me when i was awarded IU. they kept me at 60 percent, 40 for my back and 30 for my depression.

[iceturkee]

The reps in FL are state service reps there is no Legion or DAV ect in FL the all

work for the State. But guess who pays the rent! Bay Pines is a Zoo!!

RickH

i live in florida and have dealt with several DAV VSO's.