sunnyh Posted August 3, 2016 Share Posted August 3, 2016 (edited) I've been depressed ever since I read my C&P exam last week on the Health E Vet Blue Button. The things the examiner wrote I know I didn't say, was depressing. Why would she write something I didn't say? That doesn't matter now. I found a REGULATION for unemployability/TDIU that doesn't require a 60% or a combined 70% or a 70% or 60% at all. http://openjurist.org/251/f3d/1378/howard-roberson-v-anthony-j-principi I've been rated at 50% for PTSD since 2013. Before that rating, I received SSD benefits for PTSD since 2008 and continue to receive SSD. The SSA law judge approved me for back benefits to 2002 even though I was self-employed. My only disability with SSA is PTSD. I told VA about my SSD for PTSD many times from the beginning in 2008. I asked them for service connection back to 1979 when I ETS'd out of the Army and for 100% for everyday since that day. (My shotgun format never worked with VA.) My lawyer has known about my SSD for PTSD since I hired him in 2008. 50% is my static rating I believe and I need to know how it's proven? The same C&P examiner who rated me as 50% in 2013, rated me at 50% again in July 2016. How do I qualify for TDIU/unemployability? Why have I never known about it? Why hasn't my lawyer pressed the issue? Shouldn't lawyers know about this VA benefit? I'm feeling mad. Edited August 3, 2016 by sunnyh Dyslexic stuff Andyman73 1 Link to comment Share on other sites More sharing options...
0 Andyman73 Posted August 3, 2016 Share Posted August 3, 2016 sunny, Grrrr!!!! I'm being mad with you! This may be a case where it was never mentioned, at 50%, mostly because it wasn't. Not unlike don't ask don't tell, you didn't know, they didn't inform you, so you then, didn't ask, and they then, didn't tell you. So..if you haven't already, get that target plotted, align that gun tube, load your shell and powder charges and fire that IU claim down range, asap! Semper Fi Andyman sunnyh and ArNG11 2 Link to comment Share on other sites More sharing options...
0 sunnyh Posted August 3, 2016 Author Share Posted August 3, 2016 (edited) Thank you for making me laugh Andy! I feel like one of the 3 stooges. Is it this simple? I'm gonna send the link about unemployability to my lawyer's email right now and ask him why he did not press this issue. Edited August 3, 2016 by sunnyh Link to comment Share on other sites More sharing options...
0 sunnyh Posted August 3, 2016 Author Share Posted August 3, 2016 (edited) I guess I've been coming across info about extra schedular unemployability which I admit to knowing nothing about. So much for my wishful thinking. Edited August 3, 2016 by sunnyh Link to comment Share on other sites More sharing options...
0 sunnyh Posted August 3, 2016 Author Share Posted August 3, 2016 (edited) I just need to shutup. Edited August 3, 2016 by sunnyh Link to comment Share on other sites More sharing options...
0 Content Curator/HadIt.com Elder Vync Posted August 3, 2016 Content Curator/HadIt.com Elder Share Posted August 3, 2016 3 hours ago, sunnyh said: I just need to shutup. It's ok. It never hurts to ask a question if you need some clarification. ArNG11 and sunnyh 2 Link to comment Share on other sites More sharing options...
0 HadIt.com Elder john999 Posted August 4, 2016 HadIt.com Elder Share Posted August 4, 2016 You should not have been examined by the same C&P doctor in 2013 and in 2015. If your SSDI is solely for your SC disabilities then you should at least be rated TDIU if not 100%. This is just common sense. If your lawyer did not pick up on this you should fire him. He is dumber than the DAV or VFW. I went from 30% to 70% and TDIU. This was based on my SSDI and on my doctor's reports. If you have based all your evidence just on your C&P, of course you will be low balled. That is SOP. You lawyer should not only be fired he should have his/her ass kicked. We have talked about getting IME/IMO's on this forum for years. This just about the only way to get a fair deal from the VA. I had three IME's to get P&T. It took about two years from the time I started trying for it from 30% to getting P&T. What I had was good advice and good doctors working for me. sunnyh and Andyman73 2 Link to comment Share on other sites More sharing options...
Question
sunnyh
I've been depressed ever since I read my C&P exam last week on the
Health E Vet Blue Button.
The things the examiner wrote I know I didn't say, was depressing.
Why would she write something I didn't say?
That doesn't matter now.
I found a REGULATION for unemployability/TDIU
that doesn't require a 60% or a combined 70%
or a 70% or 60% at all.
http://openjurist.org/251/f3d/1378/howard-roberson-v-anthony-j-principi
I've been rated at 50% for PTSD since 2013.
Before that rating, I received SSD benefits for PTSD since 2008
and continue to receive SSD.
The SSA law judge approved me for back benefits to 2002 even
though I was self-employed. My only disability with SSA is PTSD.
I told VA about my SSD for PTSD many times from the beginning in 2008.
I asked them for service connection back to 1979 when I ETS'd out of the Army
and for 100% for everyday since that day. (My shotgun format never worked with VA.)
My lawyer has known about my SSD for PTSD since I hired him in 2008.
50% is my static rating I believe and I need to know how
it's proven?
The same C&P examiner who rated me as 50% in 2013, rated me at 50%
again in July 2016.
How do I qualify for TDIU/unemployability?
Why have I never known about it?
Why hasn't my lawyer pressed the issue?
Shouldn't lawyers know about this VA benefit?
I'm feeling mad.
Dyslexic stuff
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john999
Sunny Don't blame yourself in any way because it took me years to wise up to understand exactly what I needed to win a major claim. Maybe .001 percent of vets are a
Buck52
Obviously This is why Veterans needs to educate them self with VA Law and the CFR's before filing a claim and make it hard for the VA to deny.
Carl the Engineer
Yep, the old lowball and hope they disappear trick..... Brought to you be the VA, Hamslice
19 answers to this question
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