tdiu opinion's filing claims if your already 90%combined or 100%

[Buck52]

I read here on hadit some times back that if a veteran files for another claim who is currently  either 90%combined TDIU  or 100%

Well some say that ''Rocks The Boat'' or usually VA don't like a veteran to file for a claim if she/him is already at 100%

is this true?

What about a new diagnose of something that can be military related  that ouccured years later after military  and that contention is a different disability all togather?

why would that be Rocking the Boat  and why would VA deny this particular claim?

 

Any opinions welcome or feedback

 

...........Thanks

 

...............Buck

[Navy04]

In my case I had a lot of the VA down my neck with what I believe" Rocking the Boat". In the end it worked out for me to become Permanent, but not to say that the process was overwhelming and darn right scary. I have a handful of conditions now that I have not filed for, but I will down the road. Every claim and case is different though. Only you can decide what is worth filing for, and what battles you want to take the VA on.

[Buck52]

I have TDIU P&T and disability is of nature and no further exams schedule.

 I been TDIU P&T Since 2002 (concurrently)  for loss of hearing/tinnitus  and speech impairment.

I have a combined rating of 90% being paid at the 100%  so actually I am 100%

This PTSD/Depression Claim is a new claim....I'm not sure how the VA Raters will decide if its PTSD or Depression?  I been Dx with both.

so I won't know anything until they send me to a C&P Exam

 

................Buck

 

 

I am gathering up some of my VA Notes /Medical Reports  and going to wtite my statement is support of claim this week  or ASAP  The  21-526ez ror PTSD has been filed   filed on Oct 15th

[Andyman73]

Buck,

From what I have learned here, and managed to even remember, the raters are supposed to rate you based on which ever is the more severe disability.  So if they deem your PTSD as more disabling, then that's the one you get SC'd, for your rating.  However, keep in mind that my knowledge and experience, and brain power is extremely limited...so I may be way off the mark here.

Andyman

[Andyman73]

Andyman73 and john999,
Sorry, I don't t mean to steer this away from the original topic, but you guys are on to something important. In the 1990's, a friend of mine had to go on German welfare due to being laid off. I am not sure if it is still the same now, but they forced them to go to job interviews and there was a lot of shaming going on. There was no holding out for the right job. Either you went or you didn't get welfare benefits.  I don't see anything remotely close to that happening around here.

When I was laid off, and on Unemployment, I had to report every week how many applications I filled out, how many call backs and interviews I received.  I had to go to the local careerlink office, as well, for what ever class or training or meeting they deemed necessary.  Only getting qualified and into the VA's vocational rehab got me off the hook for those requirements, which were a real nightmare for someone actually trying to get a living wage job.

[Gastone]

Buck: You didn't file your 10/15 as an FDC so you may have a significant wait for your C & P, maybe not. Either Scan and attach your MH Clinician notes to your ON-Line Stmt in Support of claim or have your VSO do it.

Chances are, the C&P Psychiatrist or Psychologist may or may not look at them.

With the VA's new PTSD regs, It all comes down to the C&P PTSD DBQ, thats what the rater uses to rate you. Non C&P PTSD DBQ's take a back seat.  If the C&P Dr disagrees with your treating VA or Private MH clinician, you get denied or possibly rated for something other than PTSD.

Semper Fi

[john999]

I suppose you could have CIB, PH, Silver Star, Bronze Star with V and the VA exam doctor could say you don't have PTSD based on his one exam and you loose.  The big thing used to be the stressor and now it is just the VA exam doctor's word.  A good friend of mine I served with in Nam got SC'ed for PTSD recently.  He did not get wounded or have direct combat with the enemy.  I think he got badly scared one time when he lost his bag of dope.  He was pretty depressed at the time he filed his claim.   I don't know how that claim became a successful claim for PTSD.  I encouraged him to file for everything and I am glad he got it.  I have to call him and find out if he is 100% yet.  I be he is since he got SC'ed about 3 years ago for an AO thing and the PTSD.

 

 

                              John