Reaching the conclusion of this process, ? about TDIU

[MKAH]

Hi everyone,

I am currently SC at 80% 
Tinnitus 10%
Hearing Loss 50%
Headaches 50%

= 78 rounded up to 80%

I have not worked at all since Jan 3, 2016 due to my SC disabilities.

I have a PTSD REMAND pending at the RO with a C&P on 8/9/2019 that contains line(s) that specify, OCCUPATIONAL AND SOCIAL IMPAIRMENT=
[X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking
and/or mood
It is my understanding that this level of ..impairment.. may fall into the possibility of 70%, but not necessarily a slam dunk by any means?

...OPINION AS TO WHETHER IT IS AT LEAST AS LIKELY AS NOT (50
PERCENT OR GREATER PROBABILITY)...=
It is at least as likely as not (50 percent or greater probability) that the veterans major depressive disorder
and obsessive compulsive disorder were incurred during, caused by or are otherwise related to his active
service.

I got a letter via FedEx a few days ago from the VES and the RO is having the same outside Psychiatrist (PsyD) that conducted and wrote my C&P, perform a "record review".
This leads me to believe that someone at the RO is currently looking over my claim so they can either deny it and send it back to the BVA, or approve it and assign a rating?  My guess..

The question:
Lets say by chance, I was approved and received a SC PTSD rating of 70%, this would bring me up to 94%, rounded down to 90%.
Will the RO automatically consider an Extra-scheduler evaluation or TDIU during this rating process, or will I need to apply for that if and when the time arises?

Sorry for the long winded question, but I thought the explanation may be useful considering how close it would be to 100% Scheduler and the significant problems associated with serious hearing loss, serious headaches and serious PTSD.

Thank you very much.

[Buck52]

3 minutes ago, Buck52 said:

wait and see if you get the 90% and you IF mention you can't do any Type of employment  in your statment in support of claim INCLUDING Sedentary work, DUE TO YOUR S.C. DISABILITY'S  and you submitted medical records from Dr that stating you can't work due to your s.c. disability's  if your lucky the rater might catch that   and goes ahead an apply the IU  21 -8940?..BUT THEY MAY NOT?

   for the IU

if they don't  and your decision RATING is up to the 90%   then send this form in  and apply the 21 -8940  they may keep you at the 90 % but give you the IU paid at the 100% rating

THIS VA FORM 21 8940 Needs to be filled out  

CFR 38 416 (a) & 416 (b)

  This is  the Extra Scheduler CFR 38 416 -(a) and   -(b) -  b, usually will get the IU    that is used for veterans that don't quite make it 100% and are 90% rated or below.but can't work due to his  Service connected Disability's  (Note*  you don't need to be 90% to get the IU) But if you do it will help you get the IU.

''(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

IF YOU GET THIS  IU  YOU SHOULD FILE FOR THE SSDI SEND IN YOUR IU AWARD LETTER ....>if you have not yet?

 

Edited June 13, 2020 by Buck52

[MKAH]

Thank you Buck52,

I will wait to see what happens and use your advice to guide me. 

As for the SSDI, I was approved back in 2016.

[Buck52]

6 hours ago, MKAH said:

Thank you Buck52,

I will wait to see what happens and use your advice to guide me. 

As for the SSDI, I was approved back in 2016.

Your Welcome MKAH & Roger that on the SSDI

[Ddsr]

On 5/30/2020 at 7:34 AM, GBArmy said:

MKAH Just to be sure you got my point; have you specifically looked out the cautions/side effects for your headache and other meds the VA prescribes. If you have any of them, that would be a key considering how bad your symptoms added up. A lot of veterans don't think about a secondary s-c disability could be caused by meds. I'm just saying.

Great advice. Most of my meds cause ED. I applied for that SMC-K awarded that. 

 

17 hours ago, broncovet said:

MKAH:  The answer is well, no, not necessarily.  

Yes, I know we think the VA is "out to get us", and there ARE reasons for our lack of trust in the VA and those reasons are usually justified.  I say the VA got their reputation with Veterans the hard way:  They earned our lack of trust, by lying to us.  Still, many of those employees who lied to us in the past are no longer there, and, at least some of those have changed their attitude for the better.  So, a bad result in the past does not mean we will also get a bad result this time around.  

But, remember VA is not a "unified body", it consists of hundreds of thousands of employees, "each" with differing backgrounds as well as attitudes about Veterans.  They range on a continium scale from "0" (hating all Veterans and denying them all) to "10" (loving Vets and handing them anything they ask for..or more!) and anywhere in between.  

You dont know whether you will get a "zero" employee, a "ten" or somewhere in between.  Most likely its somewhere in between.  

A "record review" could have happened because:

1.  All or part of the Veterans records were not available before the C and p exam. 

2.  The records WERE available, but, the c and p examiner did not read them, or, read them but did not STATE that he "reviewed your records" after c and p exam.  

3.  The VA has noticed an "irregularity" of the records, and that the examiner may not have had some important ones at his disposal and they are requesting a review.  

 

On 5/30/2020 at 7:34 AM, GBArmy said:

MKAH Just to be sure you got my point; have you specifically looked out the cautions/side effects for your headache and other meds the VA prescribes. If you have any of them, that would be a key considering how bad your symptoms added up. A lot of veterans don't think about a secondary s-c disability could be caused by meds. I'm just saying.

Great advice. Keep in mind many meds especially Psych meds cause ED. I applied for that SMC-K awarded. 

[Ddsr]

On 5/29/2020 at 10:20 PM, MKAH said:

Hi everyone,

I am currently SC at 80% 
Tinnitus 10%
Hearing Loss 50%
Headaches 50%

= 78 rounded up to 80%

I have not worked at all since Jan 3, 2016 due to my SC disabilities.

I have a PTSD REMAND pending at the RO with a C&P on 8/9/2019 that contains line(s) that specify, OCCUPATIONAL AND SOCIAL IMPAIRMENT=
[X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking
and/or mood
It is my understanding that this level of ..impairment.. may fall into the possibility of 70%, but not necessarily a slam dunk by any means?

...OPINION AS TO WHETHER IT IS AT LEAST AS LIKELY AS NOT (50
PERCENT OR GREATER PROBABILITY)...=
It is at least as likely as not (50 percent or greater probability) that the veterans major depressive disorder
and obsessive compulsive disorder were incurred during, caused by or are otherwise related to his active
service.

I got a letter via FedEx a few days ago from the VES and the RO is having the same outside Psychiatrist (PsyD) that conducted and wrote my C&P, perform a "record review".
This leads me to believe that someone at the RO is currently looking over my claim so they can either deny it and send it back to the BVA, or approve it and assign a rating?  My guess..

The question:
Lets say by chance, I was approved and received a SC PTSD rating of 70%, this would bring me up to 94%, rounded down to 90%.
Will the RO automatically consider an Extra-scheduler evaluation or TDIU during this rating process, or will I need to apply for that if and when the time arises?

Sorry for the long winded question, but I thought the explanation may be useful considering how close it would be to 100% Scheduler and the significant problems associated with serious hearing loss, serious headaches and serious PTSD.

Thank you very much.

You can also check once in awhile on E-Benefits to check for retro. Also check your VA letter's on Ebenefits my approval was shown on there before my retro. Good luck. If you are not sent the IU paperwork then you can file for IU. Keep in mind there are some good advice to assist.