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Advise regarding increase in rating for PTSD

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bronxdevil

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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.

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You posted,

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not sure if at this point I should go back to receive a denial letter or if they would give me one considering.

While its unclear the subject here, (that is, I dont know what benefit you are seeking)  the answer is always the same:

If you think you deserve benefits, apply.  Dont worry about denial letters, they happen about 85 percent of the time, (including me), to Veterans who deserve benefits.  In my case, I had all the caluza elements:  In service event, an audiologist who opined my hearing loss was at least as likely as not due to service, and a diagnosis.  

Even with all caluza elements, the VFW "dropped" representation of me because THEY said I was unlikely to get benefits, and, of course VA denied.  The BVA saw it differently, and agreed with me, and awarded a "full grant of benefit sought".  

If you did not know this, the VA is required to use "criteria" to rate you, and I listed the criteria, above.  They are not supposed to make stuff up, and deny you because you dyed  your hair purple.  The color of your hair, the time since military service, whether you are a lifetime member of your VSO, whether or not you bash VA on facebook,   are all "non criteria" and irrelevant.  This is America, and VA is required to rate you "on the critieria"..listed in the regulations, not whether or not your VSO likes you.    

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No decision yet, Received letter from the VA, my PTSD rating will stay the same at 70% and my IU claim was deferred for development, spoke with a VSR buddy of mines at the regional office and everything looks good for a favorable decision just gotta wait a little longer, I have already submitted VA form 21-4192 filled out by my employer via Benefits. Also filed for FERS retirement disability and social security disability.

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I've been staying away from going online cause the madness of checking ebenefits was stressful enough but I was awarded 100% P&T today, was also awarded social security disability 2 days ago, all in all I'm very thankful and grateful for the quick turnaround considering that many  are still waiting, thank you to the Hadit community for your responses and support, this forum is very helpful for veterans seeking information, bravo zulu and god bless

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@bronxdevil

 

Hi,

I am new here and working through my own issues and questions.

However when I read your post and found this sentence

On 5/16/2018 at 3:41 AM, bronxdevil said:

e used chapter 31 to received a bachelors in 2016,

I felt I should share with you something I ran across the other day.

The Dept of Ed has a new process and program where Veterans (and some others who are rated totally disabled) as TD/IU can not only discharge student loans, but there is no tax hit for doing so and if the VA is the one that issues the TD/IU rating then the Dept of ED, using Nelnet, is also now interfacing with the VA and that will pick up the student loan dept and they will contact you.

or you can start the process yourself.

The downside of course,, and there is a downside to everything, comes in if you get TD/IU as extra-schedule and you go back to work in 3 years. Before that point it seems they will require you reaffirm the previous loans and start paying them at some point. If however you are 100% on Schedule that rule does not apply, as far as I can tell.

I don't know if you also took out student loans for anything, but if you did that information might be of use to you or any other vet who has student loans.

This link has three information sections that are a must read for 100% SC rate vets who have student loans.

https://www.disabilitydischarge.com/?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

I will also note that you will never get another Fed Student loan ever again if you discharge existing ones.

this is good until 2025 unless congress changes it.

 

 

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