mikee1013
Nov 5 2009, 02:49 PM
I received my award letter today for 70% PTSD. At the time of my C&P exam I was employed by my father-in-law part time. Since then I have lost my job due to my condition. I applied for TDIU already (yesterday).
I read over my evaluation and it seems to me that I would now qualify for 100%, I am searching for opinions on what to do, or if it's even worth going through?
"An evaluation of 70% is assigned for occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, 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 worklike setting);inability to establish and maintain effective relationships."
Thanks,
Mike
LarryJ
Nov 5 2009, 03:30 PM
QUOTE (mikee1013 @ Nov 5 2009, 02:49 PM)

I received my award letter today for 70% PTSD. At the time of my C&P exam I was employed by my father-in-law part time. Since then I have lost my job due to my condition. I applied for TDIU already (yesterday).
I read over my evaluation and it seems to me that I would now qualify for 100%, I am searching for opinions on what to do, or if it's even worth going through?
"An evaluation of 70% is assigned for occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, 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 worklike setting);inability to establish and maintain effective relationships."
Thanks,
Mike
Mike, you received 70%, which is in synch with your diagnosis.
With the TDIU claim form that you have presented to the VA (you DID use the correct TDIU form, didn't you, of course you did), then you have a pretty sure shot at receiving TDIU, which, of course is essentially the same as 100%. So, no, I would NOT muddy the water since you have already turned in for TDIU, if you turn right around and send in ANOTHER claim...................wellll, you don't wanna confuserate the folks, now do you?
mikee1013
Nov 5 2009, 03:41 PM
My concern is the back pay situation, my claim has been open since May 2007. I received a payment today with the difference from 30% to 70%. Would it be worth the frustration, if any?
Pete53
Nov 5 2009, 03:51 PM
Don't forget to apply for Social Security.
mikee1013
Nov 5 2009, 03:54 PM
Yea, I started that... that's a tough one for me. I have a hard enough time leaving my house. What should I expect with that? Interviews? I am freaked out.
carlie
Nov 5 2009, 03:55 PM
QUOTE (mikee1013 @ Nov 5 2009, 04:41 PM)

My concern is the back pay situation, my claim has been open since May 2007. I received a payment today with the difference from 30% to 70%. Would it be worth the frustration, if any?
If you were granted an increase from 30 % to 70 % with an effective date of
May 2007, your retro psy should be the difference from May 2007 to current.
So what is your question of "Would it be worth the frustration, if any?"
jmho,
carlie
Pete53
Nov 5 2009, 04:05 PM
Don't worry about retro until you secure 100% and than you can argue the retro issues if you have one.
mikee1013
Nov 5 2009, 04:05 PM
sorry,
My basic question is, do you think that I qualify for 100% for my PTSD as described by my diagnosis? The difference in retro pay would be substantially different if I were to be awarded 100%. Correct?
Thanks
carlie
Nov 5 2009, 04:20 PM
QUOTE (mikee1013 @ Nov 5 2009, 05:05 PM)

sorry,
My basic question is, do you think that I qualify for 100% for my PTSD as described by my diagnosis? The difference in retro pay would be substantially different if I were to be awarded 100%. Correct?
Thanks
No it sounds like at the time the rating decision was promulgated
you met the criteria for 70 %.
NOW - you are no longer working and eligible for TDIU which you state
you have NOW applied for.
Ditto on Pete's post.
You don't even have any grounds to argue an effective date for IU on --
UNTIL IU gets granted.
carlie
mikee1013
Nov 5 2009, 04:21 PM
ok, good enough for me.
Thanks for your help.... also just the info from browsing the forums.
LarryJ
Nov 5 2009, 04:40 PM
Hi Mikee.
Okay, seems like I've answered this particular question three different times, just today.
I understand why, so do not be offened by my saying so, it's just that it's HARD for ME to understand, and that's after having 'splained it, often.
Okay, so you were, once upon a time, at 30%.
Now you are at 70%, correct?
Which makes a difference of 40%, of which they owe you back TO whenever you turned in your claim for the particular disability that GOT you your extra 40%.
We okay so far?
Okay, NOW you have turned in for TDIU (of which we don't know the final outcome, si'?).
IF, IF you are successful in your TDIU claim, then they will owe you retroactive pay for the time between WHEN you became ELIGIBLE for your TDIU, NOT from the date that you turned in your claim for TDIU, but from the date of the claim that rendered you ELIGIBLE for TDIU. BUT ONLY for the DIFFERENCE between the 70% and the 100%, seeing as how they have already paid you the retro difference between the 30% and the 70%. or sumpthin lak dat, I tink....blabber, slobber, sob
We okay so far?
Good.
I'm tired.
Buck up, Bucko, and get your SSDI taken care of. If you applied on line, which I hope that you did, then there will be a "formal interview" that you will have to have. NOW, you DO NOT have to "go anywhere" for this formal interview, just make sure that they know that you would "prefer" that this interview be taken care of over the 'phone. They'll do that.
There's beer in my Frigidaire.
I'm outta here.
Y'all have a good 'un, okay.
mikee1013
Nov 5 2009, 05:55 PM
OK, great. Thanks again for the info. I will be asking for the phone interview for sure. Thanks!
mikee1013
Nov 5 2009, 06:00 PM
one more thing sorry, so when you say "ELIGIBLE" does that basically mean when I last worked or from the date my claim was initiated in 2007?
Thanks
LarryJ
Nov 6 2009, 12:23 PM
QUOTE (mikee1013 @ Nov 5 2009, 06:00 PM)

one more thing sorry, so when you say "ELIGIBLE" does that basically mean when I last worked or from the date my claim was initiated in 2007?
Thanks
Berta
Nov 6 2009, 01:38 PM
Do you mean the 80% in your profile is new- due to this recent PTSD award?
I would apply for TDIU if I were you.
GREAT NEWS ! especially if you were just 10% before this award came....
Berta
Nov 6 2009, 01:41 PM
ooops I got that all backwards-
CONGRATS!!!!! and make sure you apply on the 21-8940 unless you did already and also apply for SSA disability----
mikee1013
Nov 6 2009, 10:56 PM
Thanks Larry, also everyone else.... I am in route for SS and my TDIU, I will let you know of any additional info. Hope for a speedy return on the TDIU. Thanks Again!
halos2
Nov 7 2009, 03:43 AM
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