ptsd Denied Again

[LeroyJohnson]

hello everyone ,what a day got three seperate packets from the va all denials . Every one of they denials had medical opinions from Dr Bash. They stated he did not give reasons for his medical opinions and did not give me a phycial exam therefore I was denied. He gave them 28 pages of why he had the medical opoinon he had. Guess it is back to square one with another NOD. They even denied an increase for Ptsd stating that 50% was more than high enough with a gaf of 38.

Leroy :(

[Guest allanopie]

WOW!

Sorry to hear this Leroy.

I have several issues before the BVA. & Dr Bash has been kind enough to add several followup medical,"detailed" Opinions.

I should be hearing something soon as my SO sends in the last one.

This sure isn't encouraging. But have "NO" intention of ever giving up. Hang in there Leroy. Will post when I hear something.

[LeroyJohnson]

This decision was from the Indianapolis VARO . Dr. Bash has returned my call and is going to go over the denials and see if he can be of further help to me. thanks your you responses.

I stated that I could not work a while back when I NOD the low 50% rating but never filled out the TDIU form guess it is time to do so

thanks Leroy

[LeroyJohnson]

any one have the form number for TDIU

thanks Leroy

[Guest Berta]

Leroy- here is the form attached- TDIU form # 21-8940

be sure to put yes to Question 18 if you get SSA disability(and definitely make sure they know -all out there- if you get it for the same disability you are seeking VA TDIU for) and then in the Remarks section you can refer them to a separate page- put your c file number and name on it- and list all of the meds you take and how their side affects render you unable to work- and attach copies of anything else that will help- like your SSA annual earnings statements.

TDIU_form.pdf

[LeroyJohnson]

Thanks Berta

I have a guestion my wife tells me that last year when she did a NOD on my PTSD percentage that she told them that I was unemployable and that I was PT . Would that make it an informal claim for TDIU and would that allow for an EED back to that NOD date. They never made any mention of that in their denial for an increase.She also told me that the C&P doc did say that I have not been able to hold down a job because of the ptsd. Sure glad she can remember stuff I have trouble at times remembering what happened yesterday

thanks again

Leroy

[Guest Berta]

Leroy- I feel that under the VA's Duty To Assist regs- that NOD should have triggered the VA to send you the TDIU form themselves and I consider it an inferred claim that they should have adjudicated or at least acknowledged these statements in their decision.

Make sure you bring this up in your response to them -

This case shows what I mean as to EED due to inferred issue as well as evidence to support TDIU at time of inferring it:

http://www.va.gov/vetapp05/files2/0510171.txt

What bothers me is the part about "application" and this is why I tell vets to file the formal TDIU form themselves if the VA doesnt send it to them.

Years ago I was told that VA will not consider TDIU without the 21-8940 being filed-

This case shows that this is not fact as TDIU can be an inferred issue and the VA should adjudicate whether they have a 21-8940 or not-

Still- if you feel you are eligible for TDIU- I would not hesitate to file the form- you could get some old fart adjudicator close to retirement who only remembers the way it used to be and then deny and not even send the form---

The good thing about the 21-8940 is -once you sign it- and if you have checked YES to the SSA question (# 18) the VA is bound by law to get the SSA records, as they are fully aware of their existence.

I always try to remember to tell a vet if they check # 18 to add somewhere on the form or attached letter with any side affects of VA meds, to be sure to again tell them that the Yes to # 18 means SSA disability benefits and if for the same condition they are trying to get TDIU for, make sure this is clearly spelled out to them.