VA doctor letter for TDIU

[infanteralph19]

I was just denied TDIU for anxiety and depression that I am rated at 70%. The letter said that the c&p doctor did not say that I am not able to work but do have symptoms to continue my 70% rating. On my regular monthly appointment at the VA i told my phychiatrist that I had applied and got denied and she said with my records she didn't understand why, so she made me a formal letter saying I was unemployable even for sedentary work and the my condition was unlikely to improve. I just did a request to reopen my claim with that letter and a letter from my wife and ex co-worker. My question is how strong is that letter from my VA doctor for a TDIU approval.

[Buck52]

infanteralph19

YOUR VERY LUCKY VETERAN TO HAVE A va Doc Write you a letter like this  your quote below

''  i told my phychiatrist that I had applied and got denied and she said with my records she didn't understand why, so she made me a formal letter saying I was unemployable even for sedentary work and the my condition was unlikely to improve.''

The letter should be pretty strong if the Dr he/she detail your symptoms ? And your symptoms met the  100% requirements according to the Mental health rating chart.

They go by the severity of your Symptoms for rating a Mental Disorder Filing for IU is basically requesting an Increase.

you could be possibly rated 100% for your mental dis order, why would you want the TDIU? 

if you were denied and Sent in your Notice Of Disagreement (NOD) within a year from your denial...and you sent in the Dr's letter as strong evidence that this disability keeps you from doing any type of marginal employment  In my opinion you may be sent to another Forensic PTSD Exam and certainly could be rated the TDIU/W P&T 

I think if it was me I would rather have the 100% scheduler rating.

Edited September 29, 2018 by Buck52

[infanteralph19]

Thanks for the advice, I really don't understand how these process work. I just got my 70% for anxiety and mayor depression in January, I was being treated at the VA for it when I met my wife's friend's husband a retired E7 and he has help me file the claims. He did not file NOD he just had my wife make a letter and filled out VA form 21-526b when he saw the letter the doctor made me. He said it was a request to reopen claim based on new evidence and told me I might lose my original effective date but it was only 3 month. I already mailed it so I hope what he is doing is correct.

[Buck52]

Yes he is correct. anytime you submit new and meterial evidence  or request IU is a claim for increase to your present service connected disability.

if you request the IU and your evidence shows that your unemployable (according to your Dr letter If the Dr went into details about why your disability keeps you from working and list the reasons why  then yes you have a good chance they will rate you with the IU Award....but if this disability is that bad  then you can request you be rated to the fullest amount allowed by law in conjunction with the Mental Health rating Sheet  and that you want the 100% scheduler rating and not the IU. (if this is what your symptoms show/) at the 100% on the rating sheet

if your rated IU then this means you ''can't work'' and you be required to fill out the 21 4140 employment questioner every year & failure to send this form in each year will result in reductions of this benefit  usually back to 0% 

and if your rated 100% scheduler  you can work if your able too....the pay scale is the same  so  to me a Veteran is better off being rated the 100% scheduler.  but that's just my opinion....opinions will differ.

Here is a 

General Rating Formula for Mental Disorders

   Rating

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.100%

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.70%

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.50%

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events).30%

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication.10%

A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication.0%

 

[infanteralph19]

I will put an update in case someone else is going through the same situation. I sent a request for reconsideration with the VA docs letter and 3 more from my wife, excoworker and ex employer. The VA started a new claim and gave me another C&P exam. The examiner told me not to worry he would support my claim for TDIU. I already saw the exam and he didn't put anything specific just "Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood". Hopefully with that and the letter from VA doc stating unemployable and not likely to improve I will get TDIU p&t. 

[63Charlie]

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.70%

[infanteralph19]

Yeah I know that and I have a 70% already and I saw the c&p exam that gave me the 70% it did not have the same discription it had occupational and social imparement with reduced productivity. The only option higher is total social and occupational impairment witch would make me 100% not TDIU I think. Well all I can do is wait and see and hope the c&p examiner was honest with me when he told me he would support my claim for TDIU.