ptsd TDIU Confusuion

[missunderstood]

Hello everyone ,

 

Here is short version of my story. When i got out of the military in 2007 i was rated 70 disabled. I filed for an increase in 2009 and was awarded one for my PTSD and Back pain and went up to a total rating of 90%. I was rated 70% for PTSD and 40% for back pain and the rest comes from others. I have not worked since 2011 and filed for another increased which was denied. I then file a NOD in August 2008 and have heard nothing about it. When I filed the NOD I also filed to TDIU. I was notified by the VA that they closed the TDIU claim because i had an open appeal. I was baffled by this but now it is no where to be found on ebenefits that I ever filed the TDIU. I  have been waiting to hear about the appeal for over 2 years and nothing. Houston Texas is my regional and I called ISIS today and they said the turn around for appeals there is 425 days. I am well over 700 days at this point. They stated that the file was waiting on the DRO to review it. I am so tired of this.  My condition has worsened and there is no VA hospital near me and I have since gotten a back brace and everything. I am scared that I will loose my children if I seek outside help. Anyhow I guess i am wondering if I should file a new TDIU claim or whether I should wait out the appeal and file another one after they deny it. They might even try to go for a decrease from what I am guessing. I just feel hopeless.

Edited September 16, 2016 by missunderstood
errors

[missunderstood]

5 hours ago, Gastone said:

What's been going on at your end for the past 7 years?  Did you file a FOIA Request for your C-File. Did you have a VSO, what did they say about your missing records?

When you got the bump to 90% (?2010), there should have been an "Inferred IU Claim" Addressed in your Award Letter.

You didn't file the IU claim immediately after your 90% Award, right? How did you file your 2011 NOD and Separate New Claim for IU, US Mail, E-Ben or with a VSO-Rep?

What exactly is your claimed basis for IU, your PTSD or your Back? IU Raters look very hard at a Vet's ability to do Sedentary Work, that could earn an amount in excess of the VA's SGI (Substantial Gainful Income) figure of $12,400 per yr. You may not be able to do your old job but Rater's determination that your capable of Sedentary Employment can be a real nut buster.

Give some consideration in regards to having a VA Vocational Rehabilitation Counciler look over your file. If it's determined that doing even Sedentary Work is precluded due to your SC Conditions, A Voc Rehab Program Denial Letter could Seal your Deal on IU. You could have the Voc Reh Denial Letter in as little as 3 weeks or less.

Semper Fi

To answer your question, for the past 7 years I have been being a mom. I have not been able to work at all. I have never even heard of a C-file until I came to this board. My VSO is TVC (Texas Veterans Commission) and no there was no inferred IU claim at the time of my receiving my increase to 90%. I was given back pay and the increase only.

I filed my NOD and IU in 2011 through the mail. It showed on ebenefits until they informed me that they were closing it due to an open appeal. I then went back on ebenefits to see the denial but it was completely gone as if it never existed. I am going to go back through my paperwork just to make sure that I dont have it but i am pretty sure that my IU claim evaporated into thin air.

The basis of my IU claim is for the back pain and the PTSD. I had a sedentary job before becoming completely disabled and cannot do any type of work which is why I applied for the TDIU. My SSDI is solely based on my PTSD and was awarded solely on my VA records. As for Vocational Rehab, I can try to see if I can get something from them but before i was bumped up to 90% I did successfully complete a vocational rehab program. YES, you read that correctly, before I gt bumped up to 90% i successfully completed a vocational rehab program. I know i will not complete another as I am worse than ever. 

I  was told by vocational rehab that since my rating changed that I could reapply for voc rehab so i may be better off doing that. 

Edited September 19, 2016 by missunderstood

[Gastone]

VA had a problem a number of years ago with the unauthorized shredding of Vet Files, don't think it was wide spread but you never know. Having an open Appeal, has nothing to do with a old or New IU Claim. Exactly how and by whom, were you notified that your IU claim had been closed due to your having an appeal pending?

Time for you to become a "Blood Hound." Have you filed a FOIA request for your C-File? Takes about 14 mos to get the File, so do it sooner-rather than later.

I would suggest that from now on,you use E-Ben for all your claim filings, even reapplying to Voc Rehab. Do that one ASAP, like I said, A Voc Rehab Program Denial Letter will put you over the top for IU. Anything you need to mail in to the VA, use US Mail Certified Return Receipt.

Be right up front when you meet with the Voc Rehab Councilor, you need their verification that your not qualified for the Program due to your SC conditions. A VA Rater won't go against a VA Voc Rehab Professional Employment Councilor's opinion. If your VA Med Recs confirm the extent of your SC Disabilities, you might be able to get the Voc Rehab Program Denial Letter at your 1st meeting. The Denial Letter must include mention of your current inability to do even "Sedentary Work."

With just that Denial Letter from Voc Rehab you would be immediately eligible for your State's DAV Residential Property Tax Exemption.

If it were me, after getting the Voc Rehab Denial Letter, I would attach it as a Pdf to the New IU FDC that I started on my E-Ben Site yesterday or today, just don't hit the Submit Button until you've attached the Voc Reh Denial Letter and what ever SSDI evidence and Award Docs (Pdf's also).

As an FDC IU, you should be able to get an IU Award within 4-6 months. Get the IU Award, then file an "Official Request for an EED CUE Review," based on your (Hopefully acquired Evidence) of your 1st IU Claim that "Disappeared."

I just got an additional 18 mos of Retro from a CUE Review Request filed 05/16, it really works. Beats the hell out of waiting on a DRO Review or Hearing, big time.

Semper Fi

[Gastone]

Just went on my E-Ben acct, looked at "Messages" page. Had acknowledgements of all VONAP Claims submitted back to 02/2013, don't think I did any Claims Filing via US mail after 12.

How about You and your Rep, paper or E-File your claims?

I'll have to check but I think the VVFW Rep that did my very 1st Comp Claim back in 08/08 did everything on his computer. Never gave me a copy of the completed Claim (which he screwed up), not really sure if he submitted it electronically. by Fax or US Mail.

Then again, he could have walked it down the hall to the RO Front Desk, His office was on the same Floor of the Federal Bldg, as the VA RO.

What does yours show?

Semper Fi

[missunderstood]

My e benefits page shows everything from the very beginning except for the tdiu filing. We always filed everything electronically when we filed except the tdiu. I applied for that on my own along with the NOD. It's really annoying. I tried filing for a new tdiu online last night and it was submitted. I also reapplied for voc rehab but i had to do that through vonapp as ebenefits would not let me.  Also how do I file a request for the c-file? 

Edited September 20, 2016 by missunderstood
typos

[missunderstood]

I just found this on my ebenefits page so I finally have proof that I did submit this at least (TDIU request form).

 

 

Proof of filing TDIU.docx

[Gastone]

Now we're getting somewhere. On your E-Ben,pull up your Claims/Appeals History, anything listed for 14 or 15? Post the redacted page. There's an IU Denial hiding somewhere, that became Final in late 15 or 16. Shame - Shame.

Back in 12, I completed my C-File FOIA, while visiting the RO for a Voc Rehab meeting. Told the lady at the VA Counter that I wanted to request a copy of my C-File, she had me use the VA 21-4138 (Statement in Support of Claim).

I just put in the body of the form, that I was officially filing a FOIA request for my Complete VA Compensation File including my complete VA Vocational Rehabilitation File.

About 14 mos later, I received about 9in of paper via US Mail. I think it's still taking a year or so to get but now it comes on a CD.

Ask your VSO rep what the current FOIA C-File procedures are, might be able to fax or E-File your request. I've intended to request mine again, just to see how long and if it would be the complete or just from the date of the last FOIA Request. Best be on a CD this time.

Semper Fi