ptsd Got Rated At 30 Percent

[Tower_Rat]

Hey everyone finally got rated and yes I got low balled at 30 percent. Im currently on social security disability for the same thing PTSD and they know this, also I filled out the IU form for them to rate it at the same time. You wouldve thought they wouldve really looked at all the evidence to decide this. Yes im sending in my NOD immediately because this is BS.

[john999]

Tower Rat

30% for your condition seeing you are on SSDI for the same thing is complete BS. I think you are going to get you IU, but the VA is just making it hard for you. I had 30% when I got SSDI and I eventually got 70% IU. Ask for the DRO Hearing.

[Berta]

Not only BS- it is capricious and arbitrary-and shows they are illiterate-

You get SSA for PTSD----this means you are unemployable due to PTSD and they have to consider this as probative medical evidence.

Tower Rat- did they list the SSA award as evidence?

If they did, did they address the award in the decision?

Did they mention getting the TDIU form and give a denial decision on that or just ignored it?

This is exactly like many decisions from Buffalo---we got one just like this in the 1990s.

If you receive SSA solely for PTSD-I would strongly suggest that you ask them to reconsider this decision.

I also hope you have a vet rep who will support this with a 21-4138 attached to the request.

Just Type in CAPS on the letter

Reconsideration Request:

Then tell them how they failed to apply ,in decision dated_____, established VA regs and case law within 38 CFR and M21-1 by failing to address your SSA records and properly consider you for TDIU.

Then state : 'I cite ,in support of this request for reconsideration,:

38 CFR, Adjudication Book B, Paragraphs 4.3 and 4.6,

and

Baker V West, (1998), Cohen V Brown, 1997, Hayes V Brown, (1996)Murinsak (2 vet app at 370-72)',

and then say -" if the VA did not obtain my SSA records, knowing I was receiving SSA, the VA has also violated

tenets established in Quartuccio V. Principi (2002)and I request a proper award under TDIU regs in 38 CFR 4.16.

You can also refer them to the Veterans Benefit Manual, NVLSP, 2006 edition, pages 333 and 334.

WHAT a CROCK-

when a vet gets SSA they have to get the SSA records-

if the SSA is solely for the SC condition, it is a no-brainer and obvious TDIU award.

When SSA is for multiple disabilities -some SC and some not- STILL the VA has to make a medical determination as to the TDIU issue and the SC condition.

[Berta]

Not only BS- it is capricious and arbitrary-and shows they are illiterate-

You get SSA for PTSD----this means you are unemployable due to PTSD and they have to consider this as probative medical evidence.

Tower Rat- did they list the SSA award as evidence?

If they did, did they address the award in the decision?

Did they mention getting the TDIU form and give a denial decision on that or just ignored it?

This is exactly like many decisions from Buffalo---we got one just like this in the 1990s.

If you receive SSA solely for PTSD-I would strongly suggest that you ask them to reconsider this decision.

I also hope you have a vet rep who will support this with a 21-4138 attached to the request.

Just Type in CAPS on the letter

Reconsideration Request:

Then tell them how they failed to apply ,in decision dated_____, established VA regs and case law within 38 CFR and M21-1 by failing to address your SSA records and properly consider you for TDIU.

Then state : 'I cite ,in support of this request for reconsideration,:

38 CFR, Adjudication Book B, Paragraphs 4.3 and 4.6,

and

Baker V West, (1998), Cohen V Brown, 1997, Hayes V Brown, (1996)Murinsak (2 vet app at 370-72)',

and then say -" if the VA did not obtain my SSA records, knowing I was receiving SSA, the VA has also violated

tenets established in Quartuccio V. Principi (2002)and I request a proper award under TDIU regs in 38 CFR 4.16.

You can also refer them to the Veterans Benefit Manual, NVLSP, 2006 edition, pages 333 and 334.

WHAT a CROCK-

when a vet gets SSA they have to get the SSA records-

if the SSA is solely for the SC condition, it is a no-brainer and obvious TDIU award.

When SSA is for multiple disabilities -some SC and some not- STILL the VA has to make a medical determination as to the TDIU issue and the SC condition.

This does NOT replace a formal NOD filed within one year after decision-you still have to keep the NOD date in mind- howevere- once in a while I see something so rediculous hat I advise sending a Recon request.

I have had good results in the past by doing this and did this recently too on my CUE claims.

It can save a lot of time- but still this does not stave off a proper NOD-

I have many months yet to file NOD on my CUEs, but they began working on them as soon as they got my recon request.

I feel you need the support of your vet rep on this.

Mine sent in a 21-4138 on my Reconsideration request.

[Testvet]

with all the screaming about the TDIU awards and PTSD we all saw the handwriting on the wall for this, they are not going to give it to the vets, it is going to be teeth pulling time for every PTSD IU award from now on is my opinion

[john999]

Tower Rat

I would do just what Terry and Berta have said to do. Your IU or 100% is very close. The VA is just making a last stand to discourage you. They have pulled this scam on many of us, but you have the evidence. You get that opinion form a doctor to say your are unemployable and with your SSDI you should win.

[Pete53]

I also started at 30% and that opened the door to 50% than 70% and than 100%. So now that you are established at 30% at least you don't have to worry about stressors or proving that you have PTSD.

If you can get a Doc to say that your PTSD keeps you from being able to work you are home free. Good Luck.

SSD for PTSD also proves it.