Evidence gathering stage of TDIU claim

[Rivet62]

I want to be very sure that I understand the span of employment history that VA is seeking for my TDIU claim.

Some say, just provide the last 5 years from the date of the TDIU request/claim and backward from that date. Others say that VA wants the last 5 years of working history, the history of work prior to the recent 3 years of unemployment (3 years of unemployment, and the 5 years of working history prior to the 3 years of unemployment.

What's right? The date that VA acknowledged receipt of my TDIU form is January 26, 2022.

I went on eBenefits and it shows this:

 

 

Edited February 7, 2022 by Rivet62

[pacmanx1]

3 hours ago, Rivet62 said:

I was very sure to never give details about my childhood, but the therapists have tricky ways to draw their own conclusions.

Unfortunately, once it is out there it is out there, and the VA may or may not use it. If you are already service connected for a mental health issue, then the VA should not bring it up. This really refers to the initial rating. It would be hard for the VA to try to go back and try to say that your SC depression was pre-existing. Don't get me wrong I have seen that to, but it is not likely. 

[Buck52]

15 hours ago, Rivet62 said:

I was very sure to never give details about my childhood, but the therapists have tricky ways to draw their own conclusions. 

You know I think this is a really stupid law, so if we had any type of mental health problems as a child and VA finds out about  it and says you had a MHP asa child therefor your denied,

ok what about our induction in the military the phyiscal and exam we all Had to take   remember standing in line naked as a j-Bird next to other men you never met, ok VA says you have a clean bill of health, you serve your country some of us went to war and some of us don't go to war, ok you don't need to have served in a war zone  to get benefits for PTSD  IT can be any type of trauma  and you have the records that proved the event that caused the trauma and you were tramatize , but VA says you had a MH Problem as a child  so they say you already had MH Problems before serving in the military  therefor we denied your claim for PTSD.

WHAT ARE OUR BENEFITS FOR IF WE CAN'T GET THEM AND BEING TRAUMAIZE IN THE MILITARY CAN CAUSE PTSD for anyone  even though they say you have it as a child,

so if your claiming a MH condition  and you first go talk to the MH people usually a L.C.S.W. Certifed  in that area   they usulally ask you question   verbally or on a sheet of paper, it will ask you how was your childhood  did you ever have any mental problems as a child  and you tell them yes   this will come back to haut you later on and cause you all kinds of problems with your claim   if your claiming a MH CLAIM.  back to the LCSW  They normally will ask you 10 questions  and what your answers are will  re surface especially if you say you had mh problem as a child, just simply tell them who raised you and they did the best they could   and I add a happy childhood, theres other question on this but this one is very important you never say anything about it MH problems as a child,, I am not sure they can go back that far  if your of an age 21 or more    but say they do find something  you need to tell them you don't remember it....I been doing ok until I was traumtize while in the military  and you go into detal of what happen where it happen and if you were treated for this type of condition.

I just think if we serve and while were serving and something traumatize us  ,,we should get compensated for it  trauma can be anything that frightes you that you never felt before in your life  and it usuallly will hang on to you the rest of your life   this can be combat trauma,  witness to a death,  or even a car accident, to seeing dead bodys loaded up ,  or sexual trauma , anything that traumatized you file for it. don't be embarressed to talk about it  let them know just how it made you feel and it has change your life  and tell them what changed  ect,,,ect,,,

so when they send you to MH TO BE EVAULATED BE SURE TO LET THE LCSW KNOW WHAT IT WAS THAT TRAUMATIZED YOU LOCATION DAYTE AND TIME IF YOU CAN REMEMBER  OR IF IT'S IN YOUR MEDICAL RECORDS.

[Mr cue]

Well I had something like that happen to me.

I broke my elbow when I was 11 years old and va got the record.

And denied my elbow are I injury it in service.

Well enter exam I check I broke it.

I think the spill was if u broke anything tell now or u could be charged.

Well anyway I win the case base on this law.

38 U.S. Code § 1111 - Presumption of sound condition

 

For the purposes of section 1110 of this title, every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service

[Rivet62]

On 2/10/2022 at 8:52 AM, Buck52 said:

so if we had any type of mental health problems as a child and VA finds out about 

I never did.  But still, an over eager therapist can assume something, between the lines, and say bla bla bla.  

On 2/10/2022 at 8:52 AM, Buck52 said:

it will ask you how was your childhood  did you ever have any mental problems as a child  and you tell them yes   this will come back to haut you later on and cause you all kinds of problems with your claim

I never did answer anything about childhood except that I was happy.

On 2/10/2022 at 8:52 AM, Buck52 said:

They normally will ask you 10 questions  and what your answers are will  re surface especially if you say you had mh problem as a child, just simply tell them who raised you and they did the best they could   and I add a happy childhood, theres other question on this but this one is very important you never say anything about it MH problems as a child,,

I will certainly say that, because it's true. I have been as careful as I can not to fall into those leading questions that try to point the blame on childhood.

On 2/10/2022 at 8:52 AM, Buck52 said:

but say they do find something  you need to tell them you don't remember it....I been doing ok until I was traumtize while in the military  and you go into detal of what happen where it happen and if you were treated for this type of condition.

Very good advice.

On 2/10/2022 at 8:52 AM, Buck52 said:

so when they send you to MH TO BE EVAULATED BE SURE TO LET THE LCSW KNOW WHAT IT WAS THAT TRAUMATIZED YOU LOCATION DAYTE AND TIME IF YOU CAN REMEMBER  OR IF IT'S IN YOUR MEDICAL RECORDS.

Thank you.

[Rivet62]

On 2/10/2022 at 8:52 AM, Buck52 said:

so if your claiming a MH condition

Yep.  I've been scheduled for a C&P for my Major Depressive Disorder.  Oh goody.

 

[Buck52]

My PTSD  C&P Exam was with QTC, and  a private PHD , phyistrist with a certifed degree in ? something?  in her own office  very plush.

but she was vey nice  and read all my records before the exam, she ask me a few questions and was typing very fast, , she read about the truma I went through and applolgize to me that I had to endure that  that was aweful she said.

I got 70%  but If I had went in there dirty smelly, uncomb long dirty hair stain teeth  and just dressed bad  holes in my shoes  shirts dirty torn,  I believe she would have checked the 100% box the one at the top,

I had good Hygeine ...but I was being honest.

But this is ok I was already TDIU P & T  this 70% got me the SMC S Hombound.