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

[ArNG11]

I wanted to update this topic as it seems I have been not keeping up with the information.  I'd wish that I received my decision letter, however, I have not received any communication from the VA other than a monetary one.

From Ebennies and, mind you yes I hate to even rely on that, however, the program gives some insight.  From the looks of it my Mental rating is what went up to a single 70% rating.  I won another claim for service connection and received a 10 % rating for a C-Spine issue. I also won on my appeal for the knees from the NOD.  The VA granted 10% both knees back to my original claim date. From this information I made a logical guess that it was the mental rating that pushed it over.  The kicker with that, in my scrambled brain, is that the rating code changed from Adjustment disorder with depressed and anxious mood, to Major Depressive disorder with anxiety, to what it is now PTSD,MDD.  I still have not received my decision letter so it is difficult to give more details that the above.  

Oh one other sign, I received a letter the just recently stating that my claims file is being certified to the BVA.  When I receive the decision letter, that should give a more insight on how things were done. I will further update the forum once I get that in my hands.

Heh it is a good sign so far.  Fight folks fight "fight till your last breath".

[broncovet]

The new TDIU form is a "trap" for unwary Vets.  I agree with you that we are not competent to opine on a medical nature diagnosing WHICH disorder(s) renders us unemployable.  This is a docs job to opine as to whether our SC conditions render the average person incapable of obtaining SGE, and you wont get IU without that docs opinion anyway, unless you fell through the cracks in the right way.  

I recommending filing in the new form stating that your IU is from one or more of the following:

(Then list your SC conditions).  

Avoid the trap.  

[ArNG11]

Bronco that is the way I worded the statement.  " I am claiming that all my service connected disabilities  prevent my ability in substantial gainful employment"  

In my claims I did have three docs opine that my service connected issues play a significant part in my unemployability.  I made sure to keep my work injuries separate from the VA as I did not want any confusion on the VA's part for what I was stating and asking to be considered.

Reminds me of a Star Wars reference by Admiral Akbar  " It's a trap!"  Veterans are not medical or vocational experts.  Leave that to the docs and voc specialists. So if claiming IU and/or asked which disabilities state all service connected disabilities that affect your employment or unemployment.  JMO

[Guest]

Yes, I agree that it is a mess and a trap but it is also a form of bullying or intimidation on VAs part.  VA will push and use stall tactics to try to get veterans to get upset and give up or get so mad that the veteran fail to respond to one of their (VAs) suspense dates.

[ArNG11]

You know haven't really though of it that way.  Denying due process and obstruction of justice laws come to mind, I agree with you though.  Gov entities always waving the big stick, reminds me of a political cartoon with Uncle Sam waving it around. Or maybe it was President Marshall or Roosevelt????

I had my SSA exam just under an hour ago and the Doc,  excuse me, the Phd, she honed in on the whole disability picture which I have to say at least appears to be favorable.  TD IU was mentioned and she wanted the VA records indicating that.  

The funny thing was how big her eyes got when she asked about my spine and hand problems, of course, the psych eval is what the purpose of the exam was for though. Just interesting, and I thought it pertinent.

Always bring records for those evals, the records come in handy, almost every time.  Unemployability issues are hard to argue when you bring evidence and records.

[green]

Very interesting discussion.  I couldn't help but think about SMC-S.  So if all your disabilities are considered in your request for TDIU, I'm guessing that in itself would preclude consideration for SMC-S?  However if you have a single or two disabilities which in and of themselves qualify you for TDIU, the VA would have to consider the remaining issues in order to reach the 60% requirement (I'm thinking anyway).

Edited April 4, 2016 by green