ptsd Claim Update - Increase Granted, IU Deferred (I think)

[anxiousinMD]

My claim was in prep for decision to pending decision approval and back to pfd last Friday on ebenefits. Monday it moved back to gathering of evidence and completion date moved to next year. After a meltdown, I pretty much mentally let go and checked out of the process at that point. But yesterday I went back on because I needed to add my kids that just started college as dependents and noticed "decision notification sent" next to the "development letter sent" that's been there forever, even though my claim status still said gathering of evidence. Thanks to ya'll here about ways to check, I looked at my disabilities and my AB8 and my PTSD-MST was increased from 30% to 70% (total 50% to 80% combined rating). I'm guessing the TDIU is deferred and that's the status that's reflecting in ebenefits, but deferred is better than denied. I haven't gotten any retro or BBE or monthly pay change yet. I feel relieved that SOMETHING happened, and I no longer feel so angsty about the process. I was afraid of outright rejection and having to wait forever for a denial, and basically the VA not acknowledging these conditions that have been killing me slowly.

Anyway, I learned a few things in terms of the questions that I asked before (thank you all for your answers, advice, and support):

- Checking ebenefits all day, everyday is unhealthy (and usually meaningless)

- The "needed from you/others" section in my ebenefits has been particularly worthless except to cause additional anxiety (in my case) as things have randomly appeared and disappeared

- In my case, I was concerned about other diagnosed and treated mental conditions in my med records not being inferred as symptomatic or comorbid with existing SC PTSD, but looks like they accepted those treatment notes as evidence

- Since the status of my claim went back to GOE with completion date changing from 9/16 out to 2/17, I went ahead and submitted additional evidence, like Dr's notes to my employer and FMLA forms for medical leave to support IU. I know it's supposed to kick you out of FDC if you add additional evidence...mine moved my status back to Under Review but only pushed the estimated completion date out a month. I'd rather that month to weigh stronger evidence than spend extra months for DRO or years waiting for BVA. And my 70% increase didn't suddenly disappear. Even if it does, I can't imagine they downgrade it with the additional evidence.

- I plan to NOD the effective date for the increase (they used the day I was hospitalized which was after I was placed on medical leave with severe/chronic diagnosis, which is still within the year limit), and I do have those dated documents from both doc and employer.

In a nutshell, I learned to worry less about ebenefits and more about qualifying evidence, and thanks to this forum I learned about things like NODs, EEDs, and secondaries. It's not over, but just wanted to share in case it helps anyone. THANK YOU ALL for bearing with me and for your service to our country and fellow vets on this site.

 

Edited September 2, 2016 by anxiousinMD

[Gastone]

Have you filed the actual IU claim Yet?

Semper Fi

[john999]

What is reasoning for deferring your TDIU?  Are you able to work and are you working at present?

[anxiousinMD]

@Gastone yes, I filed the increase and IU at the same time in May.

@john999 I won't know for sure until I get the decision notification, but there are requests for SSA noted. I have been on long term disability leave from my employer since July 2015, I was asked by employer due to excessive absences and my disabilities affecting work. So no I am not currently working and I do have doc statements stating that I am unable to perform my job functions.

[Gastone]

Does any of the IU Evidence verify that you are unable to do even "Sedentary Work," that could provide the VA SGI cutoff Earned Income amount of $12,400 per yr ($238 per week)?

Any chance you could post redacted copies of your IU Evidence? The "Sedentary Work" issue, may seem insignificant, however it  is, a very big deal. Many a Vet, has been denied IU, due solely to a failure to address their "Sedentary Work" capabilities or lack thereof.

Rater's actually seem to care more about your possible Sedentary work income potential, at or above the SGI, than the fact you can't return to your old job and it's income.

Semper Fi

[anxiousinMD]

@Gastone I'm not sure how to post it but my VA PCP completed a Form WH-380-E, which is US Dept of Labor Wage and Hour Division Certification of Health Care Provider for Employee's Serious Health Condition (Family and Medical Leave Act). She checked yes for the box that asks if the employee is unable to perform any of his/her job duties, and she wrote "the patient is unable to sit for extended periods of time". For periods of incapacitation she wrote 1 times per 2 weeks, 3 days per episode, and "patient is sometimes unable to get out of bed because of back pain." I have the same form for my mental issues completed by my VA mental health provider, also stating I can't perform my job functions because of memory, concentration, etc. and frequent and long recurrences. All my work before was sedentary and my providers completed these forms for past periods of medical leave from my job. After they became excessive, my job "asked" told me to apply for LTD after our client requested I be removed from the contract because of unreliability and disruption to workflow. I really loved my job and it paid very well. These checks are a fraction of what I made even with the disability leave. I don't know what I will do if TDIU is denied. I'm already in the process of losing everything, foreclosure, credit, etc.

Edited September 2, 2016 by anxiousinMD

[Gastone]

The IU Claim is in, so the wait is on, Deferred or Inferred, don't sweat it. I know, that's very hard to do. What else can you really do at this point?

Keep in mind, any Retro over, I think $25K is the number, requires a signature from the Rating Dept MFIC. If that's the case, your Rater will want to be absolutely sure, all I & T's are dotted and crossed on your Award Letter.

Be sure your Direct Deposit account is squared away, get real time Txt & Email regarding all Transactions. You'll get the Retro Deposit, usually well in advance of the actual VA Award Letter.

Semper Fi