ptsd Iu Question

[Payback22]

First of all I would like to say Thank you for this forum! I am currently 80 % (50% ptsd, 40% lower back disc, 10% knee, 10% shoulder injury, 10% hip injury, 10% back surgery, and 10% tinnitus) yes, I am a mess. I currently work for the railroad and lately it has become an extreme challenge. I am on call 24-7 and have trouble even getting to sleep due to insomnia (thanks in no small part to the ptsd and physical pain I am in). I don't feel that i can continue working for the railroad due to the pain and severe lack of sleep that I get. I passed out on the steps at work a couple of months ago and a private doctor gave me 30 days off work and referred me to a neurologist (they think the headaches and sleeplessness may be related to head trauma in Iraq) My question is what is the first step in filing a claim for IU? I currently have a job but I keep calling in sick, so I probably won't have one for long.

Thanks in advance.

Paul

[Pete53]

As soon as you quit working file for it.

[carlie]

Welcome to hadit !

Here's a bit of info for you - others will post soon.

Good luck,

carlie

This is a form to fill out for TDIU (Total Disablity Individual Unemployability)

http://www.vba.va.gov/pubs/forms/21-8940.pdf

96. How do I qualify for IU?

To be eligible for IU, you need a single service-connected disability rated at 60% OR multiple disabilities combining to 70%, with one rated at 40% or better. Then you need medical evidence to show that these disabilities prevent you from gaining or keeping a job that constitutes substantial gainful employment. This is generally a job realistically within your abilities that pays less than $9,000 a year. A Social Security finding of unemployability is helpful but not conclusive. Working in a family business allows you to exceed these dollar limitations, and the VA cannot take investment income into account. More Questions on this topic? Ask it here http://www.hadit.com/forums/index.php?showtopic=1496

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97. What if I do not meet the requisite percentages for IU?

There is a program of individual unemployability called ”extraschedular consideration,” which is for veterans whose disabilities do not meet the above percentage minimums but which are unique and exceptional. These are hard to obtain. More Questions on this topic? Ask it here http://www.hadit.com/forums/index.php?showtopic=1497

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98. How do I apply for these benefits?

You should write a letter (sent certified with return receipt requested) to the VA Regional Office (RO) that serves the area in which you live, that states that you are “filing an informal claim” for the particular benefits you are seeking or for an increase in the rating assigned to a previous award. The RO will then send you out the appropriate forms that, if you complete and return within a year, will make the effective date of your award the date of your informal claim.

The advice to mail an informal claim to the RO via certified mail (return receipt requested) applies to every document you file. Always put your claim number on this, and, before a claim number is filed, your Social Security number. Keep a copy of everything you send to the RO, with the green receipt, and everything VA sends you in a three-ring notebook. More Questions on this topic? Ask it here http://www.hadit.com/forums/index.php?showtopic=1498

[Berta]

"(they think the headaches and sleeplessness may be related to head trauma in Iraq) "

Is this in your SMRs?

This should certainly be claimed and -sounds to me veteran- like-for your safety and that of others perhaps you should see if the doctor will support you for leaving this job-due to your SC disabilities. This could be attached to the TDIU form (copy only -they lose stuff)

when you are officially unemployed.

Would the railroad have a way to give you some disability as you wait for the TDIU to be decided?

You could then apply for SSA disability benefits too- but I believe that railroad benefits might be offset to that- I am NOT sure veteran-

seems I read that somewhere-

I could be all wrong-

In any event - on the TDIU form under Remarks you can refer them to another page-

tell them how your SC meds-if they have side affects- affect your ability to work and tell them briefly what you just told us.

If your private doc or the neurologist can suggest in documentation that you are unemployable due to SC-and if you send this with the TDIU form-

and even some personnel records that might reflect the on the job problems-

you might not have a long long wait for TDIU-

then again it is hard to say how long your claim will take-

do you have a vet rep helping you?

Could one of our VA math experts check this vet's % out?

It seems odd to me-

[jjrbus]

I'm a former RR engineer, 28 years. First do not quit your job, make them get rid of you. If you quit you will have a hard time getting sickness benefits. Not that they are alot, but better than nothing!! Try very hard not to call in sick, make them send you home. Second do the best you can to get 10 years in to get the RR pension. With all you have wrong with you a RR disability pension will be easy to obtain, if you have 10 years in. After 28 years I was put on a disability pension by the RR. The VA gave me 50% in 1999 I'm still getting 50%. The RR says I cannot work. The VA seems to think I can do something else. Without the RR pension I'd be up the proverbial creek!! You cannot get Railroad pension and Social security.

Edited February 25, 2007 by jjrbus