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

[Gastone]

Get a Grip!

What can you do, to verify your IU to a VA Rater when you don't meet the VA Scheduler rating for IU?

At 50% SC, your only path to IU, is an extra-scheduler IU Award, made by the Rating Dept Director. What "Evidence of Record," is in your C-File that supports an IU Award?

Have you been determined by a Professional Employment Councilor, to be currently unable to do even Sedentary Work? VA IU & Extra-scheduler IU Award requirements are much different than SSDI. VA IU Denials, due to a Vet's ability to do Sedentary Work, are very common. You and SSDI  saying you can't do your old job, doesn't address the ability to do "Sedentary Work that could earn you above the "SGI" level of income ($12,400 or about $238.00 per week).

A Denial Letter from the VA Vocational Rehabilitation Dept, would take the "Sedentary Work" problem, off the table. Apply to Voc Rehab on your E-Ben Claim site, you'll get an appointment with a Councilor within a couple weeks.

Some Vet's, myself included, received the "Denial Letter," within 2 weeks. The Voc Rehab "Denial Letter," virtually guarantees an IU Award and can be used immediately to secure your States 100% DAV Residential Property Tax Exemption.

You just have to fill out the State application & attach a copy of the VA Voc Rehab Denial Letter, present it at you city Tax Dept.

Be sure to use E-Ben to file a Statement in Support of Claim, attaching the Voc Rehab Denial Letter. This will be considered "New & Material Evidence," requiring a RO Review of your Denial.

My IU DRO Hearing was Awarded on the spot, because of the Voc Rehab Denial Letter.

Semper Fi

[Vync]

7 hours ago, sunnyh said:

Hey, thanks John for the encouraging words.

I'm spiraling and can't help it.

Guess I need to take my mind off what I've been thinking about and check out

some IM/IME info here on Hadit.

Don't forget to make time for you to decompress. After fighting the VA red tape for years, it can make you feel like you have bent brain. You will function better by taking regular brief breaks from the VA claim concerns.

[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 at fault when dealing with the VA.  The VA should be reaching out to disabled vets or vets with health problems.   They should also be reaching out to survivors.   I see none of this happening.   I see the same old adversarial institution that would rather abuse and misuse veterans than help them.  When you file a claim for disability the VA is supposed to help you.   When have they ever done that?  Not only do they not help they hinder claims.  This is not an individual problem but an institutional problem that flows directly from congress.  When I tried to get A&A for my grandmother the VA denied there were any such records of my grandfather's service.  We easily found records of his service.  I filed for A&A for my mother.   The VA my father's records burned up in the 1970's fire.  I sent them a copy of his original discharge papers.   They stalled until my mother died.  This is just the way the VA works.  Deny until they die!  Perhaps if you could get a VA lawyer to take your case it might be easier for you.  It is a steep learning curve and every mistake involvers years to get it fixed.   The VA is immortal while we humans die.   They can wait you out if you make mistakes that they can string out for years.  IMO the best fix for the VA  claims system involves lots of big trucks, backhoes and wrecking balls.   Same for the VAMC's.   This is an institution  that is rotten to the core and getting worse because there are only about 9% of the population that has had any military service.  They just don't see the problem in the same terms we do.

 

 

                                   John

 

                 

[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.

 

[Andyman73]

The best cure for the VA is a top down sterilization. When the CIC decides to make the VA their pet project, to make it right, the POTUS can apply downward pressure on Congress and Senate, and cabinet appointees alike, to get this done.  Any one of them who isn't jumping at the chance to help should be removed/voted from office.  Best way would be mandatory Military Service to be elected to any national office or position.  Then they, as Veteran's themselves would have their own personal vested interest in fixing the VA.

[Berta]

Sunny, did you say you get SSDI solely for PTSD (for the same inservice stressor) you claimed with VA?

That is excellent evidence for a TDIU award....if the VA is aware of the award, and if they confirm it.

But If VA has been completely aware of the SSDI award you have for PTSD and they do not consider that or even attempt to get the SSDI findings, that is a Major CUE under 38 CFR 4.6.