ptsd Reconsideration for P&T

[missunderstood]

 

I am 100% schedular for my PTSD but I need to get P&T. I understand that the VA believes that I will get better because MH conditions usually improve but mine has not. I went from 10% to 70% to now 100%. It is steadily getting worse. I don't understand why the VA wont give me P&T. I have been getting SSDI solely for PTSD since 2008 when it was rated at 10%. I have recently filed an intent to file asking for reconsideration of P&T along with a 21-4138 and denial letter from vocational rehab. I am also willing to do a C&P in they want one. I was just taken off of a suicide watch list about a week ago due to my extreme suicidal ideation and mental impairment. I also go to therapy weekly with a civilian provider that the VA pays for. I just hate having to jump through hoops for something that has no end in sight. I'm never going to wake up and be cured of this. I am also SMC S1 housebound since 2014.  Was just awarded the 100% and SMC S1 recently (back dated to 2014). Is the Voc Rehab denial considered new and material evidence or do I need more (just got denied voc rehab like 1 day ago)?

• My Recent Posts

 

[Gastone]

So, really your main issue is the T & P, right? If you didn't get the T & P with your current Scheduler Rating 100% for (1) issue (PTSD), you really have a problem. With the VA's Award of the 100% Scheduler, can't really say I've read any IU AWARD Success stories following the "IU Claim Moot" determination.

You could ask for an "Official CUE Review" for T & P if the Voc Rehab Denial Letter was in your C-File prior to the actual Award/Denial Letter.

Age doesn't play a factor in basic Comp or IU Awards. However, it definitely plays a significant role as far as Diary Dated Re-Exams per your C-File and T & P Ratings.

If your under 55, I would bet there is a Re-exam Diary Date in your C-File for anywhere from 3 to 5 yrs. It that's the case, as the "SOUP Nazi" would say, "NO T & P for You!" You carry the PTSD 100SC for 10 years from date of 100% Award, can't be reduced so then you would be T & P.

Semper Fi

[missunderstood]

2 hours ago, Gastone said:

So, really your main issue is the T & P, right? If you didn't get the T & P with your current Scheduler Rating 100% for (1) issue (PTSD), you really have a problem. With the VA's Award of the 100% Scheduler, can't really say I've read any IU AWARD Success stories following the "IU Claim Moot" determination.

Yes. I would love to get P&T solely for the ChampVa and Ch 35 for my two sons. I don't care about TDIU but rather the P&T rating. I think getting a IME might help with that. I just don't know where to get one. I also think that my 100% rating should go back to the BVA decision to award 70% for PTSD (2012) instead of them awarding it back to the date that I originally filed for TDIU (2014).

You could ask for an "Official CUE Review" for T & P if the Voc Rehab Denial Letter was in your C-File prior to the actual Award/Denial Letter.

It was not. I just got the denial letter now after the award date.

Age doesn't play a factor in basic Comp or IU Awards. However, it definitely plays a significant role as far as Diary Dated Re-Exams per your C-File and T & P Ratings.

 

2 hours ago, Gastone said:

If your under 55, I would bet there is a Re-exam Diary Date in your C-File for anywhere from 3 to 5 yrs. It that's the case, as the "SOUP Nazi" would say, "NO T & P for You!" You carry the PTSD 100SC for 10 years from date of 100% Award, can't be reduced so then you would be T & P.

I still think I have a fighting chance for the P&T with the right documentation. If the reconsideration fails I will file an NOD and start an appeal. I would have to wait until 2024 for the 10 year rule which would be crazy. I just need for them to hurry and send my c file so that I can see what the BVA stated in the 2012 decision because I never received that BBE.

2 hours ago, Gastone said:

Semper Fi

 

[missunderstood]

BTW, how does one file a CUE and can that be done on ebenefits? What evidence is required to file a cue?

[seminoles]

8 hours ago, missunderstood said:

That is exactly what I am doing. I never wait for the VA to give me anything. I was asking if the voc rehab letter was new and material evidence for the increase to P&T. Seminole I have been 70% for over 5 years according to the back dating and I have been 100% for over 2 years according to award date. Hopefully that will be enough to justify my request for the P&T. Thanks for responding. A little encouragement and advice can go a long way.

Yes I did use that and my social security award, the bastards only backpaid me to the date my voc. rehab counselor finally did the paperwork after me withdrawing over 6 months earlier :(  so i lost a lot of back pay but i didn't argue

Edited November 5, 2016 by seminoles

[missunderstood]

24 minutes ago, seminoles said:

Yes I did use that and my social security award, the bastards only backpaid me to the date my voc. rehab counselor finally did the paperwork after me withdrawing over 6 months earlier :(  so i lost a lot of back pay but i didn't argue

I am not going to argue over backpay either. I just want to at least get the P&T rating. I will probably lose 2 years of backpay but I don't even care at this point. I think the benefits I will gt from P&T outweigh the argument for backpay that I probably wouldn't even be granted anyway.

[seminoles]

15 minutes ago, missunderstood said:

I am not going to argue over backpay either. I just want to at least get the P&T rating. I will probably lose 2 years of backpay but I don't even care at this point. I think the benefits I will gt from P&T outweigh the argument for backpay that I probably wouldn't even be granted anyway.

yep, my kids college, health insurance, etc. not worth the argument for me either!