ptsd TDIU must consider all service connected issues

[ArNG11]

I have been noticing a trend in mostly all Veterans cases for TDIU as is happening in my case.  I got a call from the VA requesting that I clarify which service connected issues render me unemployable.  I stated all. But they concentrated on two.  As in my case I stated that I have combination of injuries that have disabled me however, it is my service connected illnesses and injuries that prevent and make it very difficult to have continued my profession. More importantly,  substantial gainful employment that is.

In that I realized that the VA is asking me to be a "doctor" and state which two injuries or disabilities render me unemployable.  Guess which two the VA decided to go for TDIU.  Back injury and tinnitus although I claimed all service connected issues, undecided issues, and those on appeal affect employability. 

First this is relying on the Veteran to become a medical expert to choose and prove which injuries and illnesses prevent the veteran from substantial gainful activity.  Second per regulations it is required that the whole disability picture of a Veterans case be considered.  In my case I am stating that all my service connected issues and those pending and on appeal affect my employability. I retired due to all my injuries and diseases affecting my employment, but I maintained to keep military injuries separate from federal service injuries.  At least I have been trying to. Although I have stated there are non military injuries at play, I have made sure to keep those separate from my VA claims, however they are still part of the overall disability picture. Those will eventually become a part of my SSDI claim, however, that is completely separate from my TDIU claim and I have made it clear to VA several times.

Second the disability status must focus on the WHOLE disability picture of a Veteran, that is, with VA, that only his/her service connected issues be the cause of not being substantially gainfully employed. How can you force the VA and in my case the BVA it might seem as that is where I am heading,( 2 year wait of course )to consider all the facts. I know the some of the laws and regs that pertain to this however, not so easy to get my point across to the VA.

Back 20% on appeal VA's reasoning for unemployability

GERD 0% on appeal

 IBS 0% on appeal

GERD and IBS now combined rating still 0% on appeal

Left hip ,on appeal, having surgery on left side in two weeks. right hip surgery at a later time on appeal for service connection

radiculopathy 10% left and 10% right lower extremities on appeal

Anxiety with Depressed mood 50% on appeal MDD/PTSD/ANXIETY/DEPRESSION only going for a correct rating for one Mental Health issue.

Left knee, right knee 0% on appeal, requiring surgery at a later time.

Tinnituts 10%, VA's reasoning for unemployability 

Hypothyroidism 10% on appeal

chronic fatigue, mental sluggishness initially denied now lumped with 10% hypothyroidism rating

sleep disturbances initially denied but now service connected with Mental rating (50%)

Sleep apnea denied on appeal

little ring finger 0%, fused,   no higher rating,

IU claim

 

Granted folks, I understand I have complicated things, however, I could not control how the agencies would interpret my claims. Also I didn't get to be a part of this wonderful site until after the fact with VA and learning as I go.  

I have been looking at CAVC cases but haven't found one that relates completely to my case only in part.  

Thoughts? Attacks? Pertaining regs to this predicament?

 

 

 

 

 

 

Edited November 21, 2015 by ArNG11

[john999]

This is something the VSO's should be opposing these road blocks like making a vet choose which disability is causing him/her to be unable to work.  Just from reading what you wrote I think I would choose the depression claim to tell the VA that is the cause of your TDIU.  You may want to get an IME/IMO to back you up.

 

 

                John

[ArNG11]

That is my thought process and I agree.

  My back and depression levels should be a main factor, however, according to the appointment c&P schedule the C&P is for tinnitus and my back.  I shouldn't have to choose which illness or injuries make me unemployable that is for a doctor to decide and opine which they have in a way ,but my doctors opinions consider all my disabilities not just one or two and the decision should be based on the effect that all service connected conditions have on employment or more specifically substantial gainful employment. The fact that work injuries have a role is irrelevant. Those are just two ratings from my DOL cases.  The whole disability picture should be the issue.

I got caught off guard when the VA rater called me and told me what the C&P was for, funny thing is I am getting my left hip worked on the day they scheduled one  of the C&P's  so I will only be able to show up for just one of the two required.  The rater is aware of this. But scheduled the exam anyways.  I find this interesting.  

Bet you a Starbucks gingerbread coffee that the evaluation won't go my way.  Not only that but how the heck am I going to fight this at the Regional Office level.  

My law dog, well, I'm not so sure now, but he seems to be on the VA side of things, I haven't gotten a response from him as he is too busy frying bigger cash cows.  I hope that I am just being paranoid but it sure feels like a trap is ensuing. 

The IME/IMO requirement seems to have to change and address what ever it is the VA throws at you or me I guess.  I think I may be overthinking the situation, maybe fueling a self fulfilling prophecy, but it just seems too convenient for all these factors to just line up.  I figured an attack on my character was coming, and possibly an attack on my mental capacity and issues but this is not quite what I expected.  

Time will tell and I will brief as my cases progress but crapola this is a pickle I think,

I was under the impression that 4.15,4.16, 417, and 4.18 covers this.

 

[ArNG11]

This is something the VSO's should be opposing these road blocks like making a vet choose which disability is causing him/her to be unable to work.  Just from reading what you wrote I think I would choose the depression claim to tell the VA that is the cause of your TDIU.  You may want to get an IME/IMO to back you up.

 

 

                John

John the only thing is I don't believe in VSO.  Most mean well but some can be worse than a crooked DRO. Just my experience with some, I know and hear about the real good some of these organizations perform, I am yet to be convinced though.  Besides this way I can only blame myself.  I just don't agree playing by VA's twisting of the rules and/or laws and be a part of already lethargic process in getting benefits.  

I may be bent a bit and a bit dramatic but I'm not giving up on what I believe to be right, even if it does me in.

[Buck52]

I think they want  you to let them know your reason you can't work...what SC Disability causes you to be unemployable.

and when?  you can check with SSA and they can look as to when you last work  also the VA can Request your SS Records

You could always state your not a Dr and your medical opinion is just that ( your own) if you have medical records stating you can't work because of your  SC Disability   ask them to refer to your medical records.

VOC-Rehab will do this for you if you ever was in Voc -Rehab? They should write you a letter stating this veteran is not retrainable because of his sc disabilitys  or something to that effect.

 

jmo

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

 

[ArNG11]

Well I did state that my service connected injuries and those pending affect my work status.  That is what I stated but they insisted on a specific disability.  But yeah I agree and I stated I am not a doctor.

Voc rehab has been offered to me even after I asked to cancel my application.  I was in the hospital for 8 days when they called to verify the appointment.

Luckily I do have several opinions that I can't continue my line of work. Also I was medically retired from Tinker, so I have the evidence, just planning on getting an IME to counter the BS that is going to happen.  

What I am wondering though is whether they will concede to me being unemployable. My age shouldn't be a factor but I am expecting that. The fact is I have been retired for over 3 months so we will see what the next move is on their part.

Oh good point on the SSA records, eBenefits confirmed as well as SSA, the records were received and when I called the SSA office they confirmed that as well. Always the waiting game though.   

[Guest]

The crazy one here, I sure hope I am wrong.  VA has been doing this for years and they (VA) just recently changed the rule in June 2013 that a veteran must list at least one condition but should list all conditions that makes him/her unemployable.  You are very fortunate that VA did not just deny your claim and gave you a chance to respond.  The problem you face now is that your TDIU claim is intertwined with your appeal claim and VA cannot really resolved your TDIU claim until they (VA) figure out what they are going to do with your appealed claims.

http://www.margbva.org/Other%20News/Miscellaneous%20Information%20Archive/Misc%20Info%202013/VA-TDIU-Fast-ltr-13-13.pdf