ptsd Unsure how to move forward

[M1A2Tanker]

Hello,

I could really use ya'lls help.  This is only second post and I'm reaching for help as I have a few questions I can't seem to find and when I call the VA no one knows how for me to proceed.  First, I am OEF veteran and rated 60% for my back (2 back surgeries after deployments) and 70% for PTSD, 10% tinnitus.  I am currently working full time and I'm struggling y'all.  I am having major insomnia and I'm dealing with chronic back pain from sciatic nerve throbbing down my left leg.  Most days, it's grit your teeth and soldier on.  I'm not getting any better over the last 15 years and I decided tonight I have to put in a new claim.  It's got to be done.

I don't know how to proceed with my claim with everything I have going on right now?  Currently, I'm seeing a psychiatrist at the VA for PTSD.  I don't know if I should file secondary claim to my back for chronic pain syndrome, or depression or insomnia?  How are these linked to PTSD, but they are also coming from my chronic condition with my back.  I can't get comfortable at night to even get to sleep, and no sleep/ work is building depression that I know is coming from pain and no sleep and not able to function.  I know I have chronic pain with my back but I don't know how to proceed with all these.  I'm supporting my family working I can't quit to do a TDIU claim?  How do I move forward?

I know you can only claim one MH but does that also include counting for a secondary for a chronic condition, as well?

THANK YOU all in advance.  I GENUINELY appreciate your thoughts.

[john999]

The thing is that if you want a 100% rating for PTSD you can't be working.  The way the VA determines the difference between a 70% rating for a MH issue and 100% is "Is the vet working?"    I kept working until I snapped even though I knew I was done.  I eventually got SSDI,  OPM retirement and TDIU but it did take time.   I do understand the fact that you can't afford to sit at home for a year while your TDIU claim grinds through the system.  Is there any money in your house or IRA or 401-K you can tap to get your through the wait?  Even if you collapse on the work room floor that does not mean you get quick 100% with the VA.   Can you take early retirement?  You may have to accept the fact that TDIU may be your only choice if your health continues down hill.   Does your wife work? 

[63SIERRA]

 TDIU with your back problem as the primary ailment is the way I would go, because chances of "fixing" your back are practically ZERO.  Chances of them monkeying with you abt your Ptsd, in the near or far future, is more likely. I would file for TDIU immediately and see if you can start working part time, so your back isnt injured further, your pain level isnt aggravated, and your depression isnt worsened. This is just general advice, every claim is different, hiring competent representation is the way to go..... pm me, I know a guy.

[Buck52]

if your not getting any better and its effecting your job and health '' STOP WORKING''

I was at the 90%combined rating  and that rating sucks  b/c as Lotz mention it takes other rating % to beef you up to the 100% scheduler. I have other S.C. disabiltys that put me over the 100% and qualified me for the SMC's

Ask your employer to write you a letter stating why you had to quit your job due to your service connected Disability's 

you may want to get in  the VA Rehab Program, it helps when the counselor writes you a letter stating its unfeasible to retrain this veteran due to his S.C. Disability's ,this will help bolster your claim.

Request TDIU P&T b/c of your Service Connected Disability's  File the IU Fast letter, you meet the criteria for the 4.16 (b)

File 21-8940 form  and be sure and write down all your S.C Disability's that renders your ability to work.

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-scheduler consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014]

jmo

...............Buck

Edited September 19, 2016 by Buck52