Advise regarding increase in rating for PTSD

[bronxdevil]

Good Morning Hadit members, I have been reading the forum for a while now and would like to thank all the members for helping out with the many questions and concerns veterans have when it comes to disability claims,  I recently put in a claim for an increase in my PTSD rating on 03/14/18 (Currently rated 80% combined - 70% PTSD, 10% tinnitus, 10% lower back, 10% GERD) due to the severity of my PTSD symptoms and how it is keeping me from maintaining substantial gainful employment. I left my job on 03/12/18 and was put on FMLA leave by my employer, on the FMLA form filled out by my VA psychiatrist it states that my condition is ongoing and that I am unable to work due to my symptoms, My employer requested a return date was needed for the FMLA leave to be approved and my psychiatrist wrote a second letter stating I will return to work on 06/15/18 pending improvement in my mental health condition. I completed a C & P exam on 04/20/18, checked ebenefits the following day and the status to my claim was updated to preparation for decision. On 04/23/18 I receive a call from the VA regional office from the VSR or rater working on my claim, she asked me if I am going to return back to work and I tell her no because I cant due to my PTSD, she tells me that my C & P results do not meet a 100% increase but that she will grant me individual unemployability as soon as I submit VA-form 21-8940. I filled out and submitted the form yesterday and my claims status has been updated to pending decision approval with an estimated completion date of 04/19/18 - 05/05/18. Im fairly surprised by how fast my claim has moved and hope that every other veteran is experiencing the same quickness with their claims, I was more surprised by the phone call from the regional office, at this point it sounds like I will be granted a 100% IU or TDIU rating but I'm still skeptical until I received my letter, I receive my bachelors in psychology in 2016 while enrolled in the Vocational Rehabilitation and Employment program and earn over the SGA level but my symptoms for PTSD have gotten more severe causing me to not be able to work. I appreciate anyones input and thank you for taking time to read my post.

[Berta]

By all mean apply for TDIU and also apply for SSDI- a TDIU  award is great evidence for SSA  and tell SSA what the VA told you- unless the TDIU award comes faster than the SSA decision. In that case make sure the SSA is aware of the TDIU award-

Thanks for telling us our site  has helped you. And thanks for formally joining hadit!

[broncovet]

Congratulations and welcome to hadit.  

You are correct and viewing stuff a va employee tells you with skepticism.  I wish I had a dollar for every time the vA told me something that turned out to be inaccurate, out of date,  incomplete, uninformed, or a lie.  

I saw an immediate "red flag" to what you posted...you are apparently going on family medical leave, but apparently are unable to return.  While I can get what you are saying, these seem to be in conflict with each other..the family leave suggests you are leaving for example, to have a baby, and intend to get your job back a few weeks or months after the baby arrives.  However, TDIU suggests quite the opposite..you are leaving work because you cant work, and not being able to work to care for children is not something the va considers "unemployable".  Of course, you did not say you left work to care for children.  However, I know how the VA thinks (sometimes), and you can be assured of this.  If there is a glitch they will find it, and if there is not one, they make one up.  This family leave glitch is obvious to me, but a va decision maker may not view it the same way.  

In other words, why are you leaving work?  Is it for family leave, or is it because you are unable to work?  These are not the same thing, and I dont know if they are mutually exclusive to each other or not. 

An example of this is unemployment benefits.  When you get unemployment, you normally, in most states, sign a form that says you are "ready, willing and ABLE" to work.  Ok, when you get tdiu, your doc says you are UNable to work due to sc conditions.  

Maybe this will be smooth sailing, or, maybe not.  But, as I said, whenever there is a possible problem VA finds it, if they cant find a possible problem, they create one.  

[broncovet]

The VA will ask you to fill out a form, listing each past employer for about the past 5 years, and your consent to have va contact them.  They want to know why you are not working there anymore.  If you are on FMLA leave, this suggests you are healthy and able to work, and want your job back after your family "issue".  

The VA will contact your past employer(s).  They want to know everything about you, more than your mother knows.  

[broncovet]

All this said, of course, its possible or even likely that you took family leave, but your SC conditions deteriorated and NOW you can no longer work.  That makes sense to me, but I dont see you concurrently collecting FMLA and tdiu at the same time.  

Its mostly about the effective date, and "someone" will need to figure out exactly when your fmla was over and your disability (TDIU) began.  That someone is likely going to be some combination of doctors, voc rehab, and/or your past employers.  

Edited April 24, 2018 by broncovet

[bronxdevil]

Thanks for your replies Ms. Berta and Broncovet, I definitely will apply for SSDI soon as I get my decision from the VA, I know they have a wounded warriors program for veterans with 100% PT and 100% TDIU in which SSA expedites the claims. I thought that my FMLA would come into conflict and you seem to think the same, the VSR I spoke with did say she would need to contact my employer to determine how much sick leave I have taken, I've used 30 days of sick leave and am currently on leave without pay. I also sent over my FMLA forms via ebenefits, I know I should have not done that but only did it because it states that I am not able to work due to my PTSD. Not sure what the outcome is going to be but I think I might have to file a NOD, hope I don't have to but looks likely, I'll keep the forum updated on what happens. 

[vetquest]

No you cannot collect TDIU while on FMLA, the VA claimed that this showed I was still employed.  They later said I was still considered employed while I was collecting from a private disability insurance program but this is not true.  It is a good thing that your paperwork shows your PTSD is preventing your working.