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]

Thanks flores97. Hip surgery sucks that is for sure.  As if I didn't have enough wrong I can't even use the crutches the docs gave me.  I'm getting something of a modified walker because of my shot up wrists.

For the record, I rant and rave on here most times, as emotional creatures that we are, or at least I am, but I am starting to not like being right about concerns.   Seems I will be going to DC without counsel.   Which is fine.  I will be only have myself to blame if I get this wrong.  Damn principles.

I would like to state that I am following my instincts of sorts and while I do obsess and research a bit, I do not recommend going at this alone.  Support of some sort is one of the things that will get you through the waves of attack from the VA and life accordingly.  Just remember to be proactive.  It's good 

[flores97]

Absolutely, ArNG11, and for the record, I don't believe you rant or rave at all. Everyone needs to vent once in a while, and sometimes we are not fortunate enough to have supportive spouses or family members to listen. If I had a dollar for every time I b!tched about VA I wouldn't need the benefits.  I am truly sorry you'll be going to DC without counsel,  it seems like once we receive our first retro payment our attorneys sometimes move on to greener pastures. Do you have a hearing date yet?

[ArNG11]

Thanks, No not quite yet. I'm still stuck at the regional office level, but I know they have my records and SSA records that is confirmed.  They, the VA, have been trying to get authorizations for my private records.  I keep telling them to look in the C file as I have already submitted them multiple times and I know from other Agencies that the requests have been made and records have interchanged between agencies.  Same old same old stall tactics.  

Time will tell however, I just wished they would hurry up and get on with it.  I truly just want what I am entitled and no more.  Im hoping and wishing the VA just lets me go on my merry way and do whatever it is I do in peace.  Tiring to say the least.

[ArNG11]

Absolutely, ArNG11, and for the record, I don't believe you rant or rave at all. Everyone needs to vent once in a while, and sometimes we are not fortunate enough to have supportive spouses or family members to listen. If I had a dollar for every time I b!tched about VA I wouldn't need the benefits.  I am truly sorry you'll be going to DC without counsel,  it seems like once we receive our first retro payment our attorneys sometimes move on to greener pastures. Do you have a hearing date yet?

I don't blame the attorneys from a business perspective, however, I just don't like the fact that they let you hang out to dry.  Whose side are you on?  you either serve one master or the other not both.  I'm just ticked is all.  The fact that I am leery and suspicious of people does not help me either, but I will say it has kept me going and out of trouble most times.

Even to boggle the noggin I even ask the questions of myself regarding self fulfilling prophecies aspect.  Too many coincidences for it to be solely just that though.

[ArNG11]

Either way with respect to the topic, I'll state for folks not to limit yourself to just one or two disabilities affecting your employment, I would suggest to claim all service connected injuries and/or illnesses as affecting your employment status. 

I find it difficult to phantom that say even tinnitus or plantar fasciitis would not affect your work effectiveness in some form or fashion, the question becomes other than the fact that it does, but to get a medical opinion that states these facts.  

I would say that I am mistaken however, given the VA's offensive and deceitful posture I don't suggest to pretend to be a doctor in any part of your claim. It will come to bite you in the rear later.

[ArNG11]

Well update is on this matter is the same old same old.  Waiting.  I have submitted all I want to submit at this point and I made it very clear that was the case.  I asked for a decision, without submitting any more evidence.  That was my intent and plan.  Whether it will speed things up who knows if this course of action will.  I am on stand by now.  The last of the C&P's were done this week and VA is estimating the same old same old.  A decision may be given as early as early as April to June of this year.  Funny thing I noticed coincidentally it was in June of 2012 that I received my first service connection and first decision.  What are the chances of that? Doesn't really mean anything though, just made me smile somewhat.