Granted 70% Ptsd

[K Solo]

Was granted 70% service connected combat Ptsd, I'm currently considering applying for IU but wondering how to proceed with it. Don't know if i should file a NOD or listen to the VSO Rep and do and intent to file. My window is still open to file an NOD but wondering if anyone can offer any info to help me to make a decision on how to proceed or if i should. Haven't worked since Dec 2016 and wondering if i should also apply for SSDI Benefits. Can anyone offer any suggestions or info to help me navigate through this process. Any info or suggestions would be appreciated.

[Gastone]

With your recent (Date ?) Award, was an "Inferred IU Claim" mentioned?

Your recent PTSD Forensic DBQ helped get you the 70% Rating. What elements of the PTSD 100% Rating listed in the 38 CFR 4, do you contend were not taken into consideration?

Just because you haven't worked since 12/2016 isn't evidence enough for an IU Rating. Being out of work, unemployed by choice or chance is not a qualifier for IU.

Raters look at your education, work experience, and for current compelling evidence that would preclude you from being capable of "ANY FORM of SEDANTARYWORK" that would provide in excess of the VA SGI $12,400 ($11,400 over 65) yrly.

You need a professional Employment Councilors opinion as to your current unemployability.

Apply on E-Ben for the VA Vocational Rehab Program. Within a couple weeks you'll meet with a Voc Reh Counselor (VRC), discuss your PTSD and if the VRC agrees that you can't be retrained due strictly to the severity of your PTSD, will determine that you're not eligible currently for the VR Retraining Program.  The "VR Denial Letter" has resulted in many an IU Award.

Semper Fi

[Buck52]

I agree with Gastone  he has  some good information.

Best of all get into  VA Voc-Rehab!

[Berta]

Did the VA know you are now unemployed?

If so they should have made a statement regarding TDIU....and even enclosed the 21-8940 form for you.

I assume that you might have become unemployed after you filed the claim and didnt let them know.

By all means file for SSDI.

If SSDI solely awards for PTSD, that will be prime facie evdience of TDIU.

Meantime if VA awards TDIU upon receipt of the TDIU app, that is prime facie evidence for SSDI.

The SSA works a lot faster than the VA does.

They-SSA-awarded in mere  months for my husband's PTSD ( He had 30% VA SC rating-Vietnam Combat vet)

VA awarded 100% P & T for SC PTSD.....he had already been dead for almost 2 years by then.

Make sure that SSDI learns of any TDIU award you get and make sure VA knows of any SSDI award you get-if it is Solely for PTSD.

 

 

 

[Rocket1949]

Berta what was your husbands PTSD rating when he was awarded 100% P&T for SC PTSD. I was recently denied TDIU but was awarded an increase in my PTSD rating to 70% . Part of the Statement of Case with regards to my NOD stated that I had not filled out VA form 21-8940 so TDIU was denied.

Im in the process of filling that form now. I also had been recently denied Vocational Rehab Training and was put into the ILP program  I believe VR was denied due to my service connected disabilities . The ILP program deemed that there wasn't any services that could be offered me at this time. Im appealing the Statement of Case and submitting VA form 21-8940. 

Can you offer me any advice?  Thank you.

[Gastone]

Roc; "I believe" doesn't cut it. What exactly did your VR Denial state as the Appealable reason for the Denial of VR Services? How about posting a redacted copy of the VR Denial Letter and the IU Denial Letter and the PTSD C & P DBQ? Therein, lies the necessary information to mount a successful Appeal.

My DRO Hearing DRO (Informal Hearing) told me while we were discussing how pleased I was that he was Awarding me IU, that I would be surprised the number of Vets that apply for IU and are Laid off, out of work due to self-termination or being fired for non-SC issues.

The 70% PTSD SC isn't a guarantee of an IU Award, as you recently became aware of. We really need to see the DBQ and the IU Denial Letter.           Semper Fi

[Rocket1949]

Gastone,I say believe because they wouldn't give me a letter stating that services were denied due to service connected issues. When I met with my  Vocational  Councilor contractor she indicated that VR services would be denied and that I would be put in the ILP program.

She also indicated that the denial for VR training was because of my service connected issues. I put in a FOIA request for my VR records and have got a different story each time. It's almost like they are stonewalling me. I wanted to get a copy of my VR records to submit for my NOD pertaining to TDIU. I've been told that the rather is supposed to look at any VR activity so in theory that should have seen the records.

I just received my statement of case regarding my NOD which included  a denial for TDIU. I also received a separate letter telling me of my increase to 70% from 50% for PTSD.

I will work on getting the IU denial letter posted.

Thanks