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Numismatist

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Hello, I am Mike. I found this site at the end of my process and have found it valuable and I appreciate the knowledge that everyone here passes on. 

 A little background. I was 11b U.S. Army stationed in W. Germany. 1988. I was sexually assaulted by an Nco before reforger, discharged chapter 5-13. After 10 MO 22 days of service I was discharged. I was told that I would never be able to get veterans benefits so I never tried. I was diagnosed chronic ptsd depression etc. Life has been difficult to say the least. Pretty much textbook ptsd with bipolar type 2. I never pursued benefits for 2 reasons. 1. I was told I would never get them went I out processed and 2. Real soldiers needed the benefits and I felt like I didn't deserve them. 

After countless lost jobs, career changes 4 failed marriages and even more lost homes, cars,  no relationship with my only daughter, and never getting long term help with my issues I had a girlfriend / friend who has stuck by me, talk me into applying for benefits. 

2012 I applied, was denied I appealed. C&P exam Dec for my hearing and psych. I was denied as a no show though I showe'd up for the appointments. They denied me before the results were in. My department of veterans affairs guy filed a C.U.E. Jan 2015. After this I fell apart. Haven't worked in 2 years my health went to crap and I didn't leave my bedroom for over a year with a girlfriend who is a nurse stood by me though it was hard. She asked me to go to the va and check my status in June. I went on the 8th and the dva person said that I had been approved benefits at 70% for my ptsd and denied regarding tinnitus and hearing loss. He said I should get all the information in the mail soon. I received the statement of case on June 15.  Shown in picture. Now my questions are as follows. How long should it be before I get notified of my official rating? How long before I can get into therapy for my issues? When should I receive the back pay for the rating as of now I'm over 44 months. During my psych c&p when asked about my finances I said I could handle my money but sometimes have difficulty. I checked my credit report this month and the va pulled my credit report. My gf and I are worried they are going to appointment me a fiduciary, will this happen? Can it be fought? We are broke right now and I am unemployed this is affecting my gf right now she has gone broke supporting me and i need to help her in return. Im in need of income and medical and psychological treatment I am having  a hard time with this right now and I need advice and some guidance. I apologize in advance to the vets on here that have combat issues and that I'm taking away from your issues. I have other questions that I will ask at a later time.

Thank you in advance for any advice.

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You probably already have been notified, this is an SOC which means that you appealed, and your appeal at the DRO level was denied, and you need to file an I9 Appeal to BVA, by/before August 16.  Better is before July 16.  

You should have already gotten your 70% and backpay, and you need to track down what happened.  

1.  Check to see if VA has your correct and current address, both with VA medical AND VA benefits.  If wrong, correct them.

2.  See if your VSO can get you a copy of the decision.  

3.  I dont know if you have had a fiduciary appointed or not, it sounds like that is possible/likely.  You need to get to the bottom of that, too.  

4 Log onto ebenefits to check your address, and enter your bank account information so VA can deposit money to your account, which they should be unless you have a fiduciary.  

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Thand you for the response broncovet.

I understand the statement of case. I posted it because it says the ptsd with bipolar 2 was service connected but I have not received anything else. The only address I have on file with the va in any capacity is the one they sent the statement of case to. That's why I am asking if I should have received the official rating by now. I will definitely go the the department of veterans affairs tomorrow to see if I can get a copy of the rating. I'm worried about the fiduciary thing because the only time I have trouble with money is when I'm unemployed. As far as ebenefits goes. It still shows me as appealing the decisions from my cue/nod. Not even the recent denial is updated but my address and banking information is correct in the system. 

So recapping what you said. 

I should have received my paperwork already since the statement of case arrived and nothing else has.

I should have also received the back pay and that the department of veterans affairs should be able to provide me with my rating paperwork and help me inquire as to whether or not I have been appointed a fiduciary? 

Thank you again for your response 

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Okay I just got back from the dva. This is what he said. My ptsd decision paperwork has to get three signatures before I will get my rating letter or my benefits because the amount is over 25,000$. It is with the second person now, apparently there were e-mails sent regarding this on 7/01. He said that if I don't have money in my account or any paperwork by the 18th to come back in and see him. 

Regarding the fiduciary, he said there is nothing that he read in the decision or notes that suggests they are considering this, that's a relief. 

He suggested that I appeal the decision regarding my tinnitus. I asked him if I should get my c-file for the appeal and possibly getting another medical opinion and he said no to the c-file but yes to a second opinion and that service records aren't needed, this goes against everything I have read here. Any thoughts? I also asked about tdiu since I haven't worked for two years and he said for 70% ptsd it would be next to impossible to get. I like this guy but these two things worry me because the info I read here states the opposite. He did suggest that I should file claims for medical issues that have manifested that could possibly be connected to my ptsd and other mental conditions. Any ideas thoughts or suggestions would be greatly appreciated. Thanks again for your time. 

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The secondary conditions that he suggests filing on are below. also he stated that no further exams were ordered for my ptsd, he said that was good though I don't know and didn't ask why.

Hypertension- diagnosed no longer treated due to no insurance. 

Chronic fatigue syndrome- diagnosed 

Metabolic syndrome- insulin dependant type 2 diabetic diagnosed regular and long acting insulin with metformin

Diabetic neuropathy- manifested the last 2 years not diagnosed due to no physician but the pain is there. 

Ibs- was about to be diagnosed but lost insurance 

Are these even worth filing for? because though there is some connection between ptsd depression anxiety and bi polar disorder it isn't thoroughly documented or researched. I'm not looking to find Longshot service connections because I just wanted validation for the ptsd and tinnitus and I am completely happy with it being service connected. 

Edited by Numismatist
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Lots of stuff going on, but let me see if I can add a little helpful information. First, getting TDIU with a PTSD rating of 70% is not unheard of. In fact, it is fairly common. You should file for TDIU on VA Form 21-526EZ and submit VA Form 21-8940 with it. The VA will contact your former employers for statements, but do not let that dissuade you. As long as they do not reply that you were a great employee who left of his own accord, then you will probably get the IU. That would put you at the 100% disabled compensation rate, but your PTSD would still be rated at 70%. Confusing, but that is how it works.

There are only a couple of reasons to go after other disabilities. The first is that if you can obtain a 100% rating along with 60% ratings for distinctly separate disabilities then you would be entitled to additional compensation under Special Monthly Compensation (SMC). Some pay out at significantly higher rates. Second, you may want the VA to acknowledge the other service connected disabilities for treatment purposes, but overall they will treat you for everything anyway, so that probably isn't a priority. Third, your PTSD may improve over time (hopefully) and then the VA will reduce your compensation. Having the other disabilities rated would keep you at a higher rate.

One last thought, the more disabilities you have the greater the hassle of dealing with the stress of filing claims, getting upset, and exacerbating the situation. Do what you feel comfortable with, and don't worry about inconveniencing the VA. The VA can take of itself.

One note on the fiduciary. The VA has to provide you with 60 days due process prior to appointing a fiduciary. That letter will be VERY clear as to what they are proposing. If you receive one, just go to a private psychologist/psychiatrist and obtain a recommendation from them that you are competent.

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