ptsd Duh, someone tell me this law exists? TDIU for unemployability

[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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited August 3, 2016 by sunnyh
Dyslexic stuff

[Andyman73]

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]

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

[sunnyh]

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

[sunnyh]

I just need to shutup.

 

 

Edited August 3, 2016 by sunnyh

[Vync]

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.

[john999]

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.