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#1 Jay

 
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Posted 13 September 2011 - 05:12 PM

I have been on this site for a while but new to posting. I am 90% disabled for PTSD and Bipolar II Mixed and currently going through a hard time. In the past I was turned down for TDIU and SSD because nothing in my records stated I couldn't work just my condition is guarded. I have no place in the area to get an IMO since I live in the booneys. My VA treating doctor and social worker have recently wrote short letters that may or may not help my case. They were reluctant to do so. I just left my last job because stress and panic it caused me on the job due to my PTSD. I was wondering if I can (appropriate) to share my two letters and get oppinions on how it may help or not help my case? The letters are about a half a page put together. I've been able to get employment but not maintain it. Thanks.

#2 wdroberson

 
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Posted 13 September 2011 - 05:27 PM

Appropriate? Sure. I don't see anything wrong with it and many here do so they can get an opinion just as you seek. Just redact what personal information you don't feel comfortable allowing other to know.

#3 Jay

 
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Posted 13 September 2011 - 05:45 PM

Thanks for the quick response. I didn't know where else to go to get an opinion. Below are the two letters redacted.

Psychiatrist

___ is under my care over a year. He is treated for PTSD and bipolar disorder mixed type. He reports he is experiencing severe anxiety at work and difficulty concentrating at work. As a result his perormance at work has suffered. This is affecting his self esteem. Since his move to __________ he has alreay changed his job twice. Because of his emotional problems cause by his psychiatric issues he is unable to hold on to a job and perform satisfactory. Considering the chronicity of the conditon prognosis is guarded.

Social Worker

This letter is to inform you that I have been working with _____ in individual therpy for over a year. He is also participating with medication management with (above Dr). He has been diagnoses with chronic PTSD, as well as Bipolar Disoder mixed. At this writing, the veteran continues to struggle with moderate to severe symptoms, resulting in serious impariment in individual, social, and occupational functioning. Problems with excessive anxiety, panic attacks, mood liability, poor concentration, memory problems, social impariment, and irritability contribute to reduce reliability and productivity on the job. In addition, ____ has difficulty adapting to stressful situations, making it difficult to manage the day to day stressors of work. This has been reflected in his ongoing attempts to maintain employment, which has led to multiple changes in postions and job duties, in attempt to accommodate his ongoing problems. Also, the vulnerability for increased symptoms remains high, especially under times of increased stress. Even with treatment to date, symptoms have remained chronic and at least moderate to severe. Prognosis is guarded, due to the veteran's fragile functional status, as well as his progression of symptoms to date.

#4 carlie

 
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Posted 13 September 2011 - 06:12 PM

You can go on line to VONAPP and fill out a request for increase
in your SC'd conditions, request IU on a 21-8940
and fax in copies of the statements.
Some people may make a choice to also follow up the above with a
hard copy in the mail - certified RRR, or if you were close to the RO
you could hand deliver this and get a date stamped copy.

The VA will more likely than not schedule you for a C&P exam to help
determine the current level of disability.
What ever is done will take plenty of time - most likely at least a year
or more before you get any answer.

Good luck.
JMHO

VONAPP : http://www.gibill.va...ts/application/

21-8940: http://www.vba.va.go...21-8940-ARE.pdf

#5 wdroberson

 
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Posted 13 September 2011 - 06:16 PM

I

Edited by wdroberson, 09 October 2011 - 12:33 PM.


#6 Jay

 
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Posted 13 September 2011 - 06:29 PM

Carlie and wdroberson thanks for your replies. Charlie I have applied through my service officer as you directed already I appreciate this information. Wdroberson or anyone I feel the same way having the word guarded in the letter. But what about the doctor stateing that "I can't hold onto a job" (maintaining) this would mean even in a guarded state? This sounds definate to me and is exactly what TDIU is meant to address. What do you think any hope there how about for SSD purposes (I do have an attorney for the ssd).

#7 carlie

 
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Posted 13 September 2011 - 08:56 PM

I am 90% disabled for PTSD and Bipolar II Mixed and currently going through a hard time.


Jay,
Please clarify you SC'd condition/s and update your profile at Hadit
with the correct percentage.
Mental Health disability's (not necessarily inclusive of eating disorders)
do not comp at the 80 OR 90 percent evaluation levels.

#8 evandc

 
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Posted 13 September 2011 - 09:39 PM

I've always appreciated my Psychologist writeup for TDIU. The part about if placed in work situation this veteran would be a danger to himself & others. That's the part that they seemed to notice. I had TDIU in three weeks after I applied.

#9 Pete53

 
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Posted 13 September 2011 - 09:46 PM

iF YOU HAVE NOT WORKED IN A YEAR THAT PROVES YOUR POINT. i WOULD SEEK OUT A lAWYER FOR sOCIAL sECURITY AND TAKE cARLIES ADVICE FOR

sorry for caps

#10 Jay

 
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Posted 14 September 2011 - 09:03 AM

Carlie. I am 70% for PTSD (Biploar merged with the PTSD). The other % percentages are for hypertension, Reynauds, which added together equals 90%. I couldn't find where to update my profile to reflect this.

I did get a lawyer for SSD.

The VA doctors at my VA are hesitant to write any letter for anyone. This is the best I was able to get out of them. Thus the reason for me asking how far a letter like this might get me. Thanks for all your comments.

#11 carlie

 
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Posted 14 September 2011 - 03:13 PM

I couldn't find where to update my profile to reflect this.


Jay,
I updated your profile to show the current level of SC at 90 %.

#12 Notorious Kelly

 
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Posted 15 September 2011 - 07:18 AM

Jay,

Thank you for your service! :smile:

I'm sorry to hear of your ailments and difficulty with the VA.

At some point you have to bite the bullet and submit strong evidence.

It may be an IMO, or a letter from a Psych doc that you can't work for these reasons...

Be sure to make any C & P's and don't understate your problems (read up on preparing for C&P)

Good luck!


#13 Jay

 
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Posted 15 September 2011 - 07:45 AM

Notorious Kelly your correct that stronger evidence is probably warranted but not being near any place to get an IMO and VA docs not being all that helpful I felt/feel stuck. I was hoping the line in the psychiatrist letter stating I am unable to hold on to a job and perform satisfactory might be just enough. I may have to rely on the C&P or SSD if I were to get it.

#14 Jay

 
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Posted 19 September 2011 - 09:14 AM

Would a letter stating I am catastrophically disabled by the VA help for TDIU and SSD?

#15 cooter

 
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Posted 19 September 2011 - 10:31 PM

I would definitely say so.



DEFINITION OF CATASTROPHICALLY DISABLED
1. Catastrophically disabled (CD) means to have a permanent severely disabling injury, disorder, or disease that compromises the ability to carry out the activities of daily living (ADL) to such a degree that the individual requires personal or mechanical assistance to leave home or bed or requires constant supervision to avoid physical harm to self or others.

2. A veteran may meet the initial CD requirement by a:

a. Clinical evaluation of the patient’s medical records that documents that the patient previously met the criteria set forth in following paragraph 3 and continues to meet such criteria (permanently), or would continue to meet such criteria (permanently) without the continuation of on-going treatment; or

b. Current medical examination that documents that the patient meets the criteria set forth in following paragraph 3 and will continue to meet them, or would continue to meet such criteria (permanently) without the continuation of on-going treatment.

3. This definition is met if an individual has been found, by the Chief of Staff (or equivalent clinical official) at the Department of Veterans Affairs (VA) facility where the individual was examined, to have a permanent condition specified in following subparagraphs 3a, 3b, or 3c:

a. One of the permanent diagnoses found on website: http://vaww.va.gov/v...01/report01.htm (see “View CD Diagnoses”).

<H1 style="MARGIN: 0in 0in 0pt">OR </H1>b. A condition resulting from two of the International Classification of Diseases, 9th Edition, Clinical Modification (ICD-9-CM) procedure codes, or associated V codes when available, or Current Procedural Terminology (CPT) codes provided the two amputation procedures were not on the same limb. These codes can be found at the following website: http://vaww.va.gov/v...01/report01.htm (see “View CD Diagnoses”).

<H1 style="MARGIN: 0in 0in 0pt">OR </H1>c. One of the following permanent conditions:

(1) Dependent in three or more ADLs; i.e., eating, dressing, bathing, toileting, transferring, incontinence of bowel and/or bladder, with at least three of the dependencies being permanent with a score of 1, using the Katz scale. NOTE: The Katz Index of ADL assigns a maximum of 18 points across all six ADLs. The most dependent rating on each ADL is a 1, and an intermediate functional limitation is a rating of 2, with independence rated as 3. To be catastrophically disabled, the veteran must have a rating of 1 on a minimum of three permanent ADLs. For example, a veteran dependent in all ADLs would have a total Katz score of 6. VHA DIRECTIVE 2004-067 CORRCETED COPY November 22, 2004 A-2

Similarly, a veteran dependent in three ADLs and needing less assistance in three other ADLs would score 9.

(2) A score of 10 or lower using the Folstein Mini-Mental State Examination (MMSE). NOTE: The MMSE has a maximum assignment of 30 points across eleven measures. A score of less than 10 is consistent with severe cognitive impairment. To qualify for CD status, there must be documentation in addition to the MMSE score of 10 or lower, showing that the patient has a permanent cognitive impairment. To show that the impairment is permanent, the reversible causes of cognitive impairment need to be ruled out. A common example is a delirious patient who may score very badly on the MMSE, but improve once the source of delirium is treated. It is also important for evaluators to remember that a low MMSE score by itself is not diagnostic (i.e., it is not specifically diagnostic of dementia), but it is an indication of cognitive impairment that warrants further evaluation.

(3) A score of 2 or lower on at least four of the thirteen motor items using the Functional Independence Measure (FIM). NOTE: The FIM contains eighteen measures in six domains. The thirteen motor items are in four domains: self-care; sphincter control; transfers; and locomotion. The scores across all these domains range from needing a helper because of complete dependence (score of 1 for total assistance and a score of 2 for maximal assistance), with intermediate scores 3 through 5 for modified independence, to scores 6 or 7 when no helper is needed. To be CD, the veteran must have a score of 2 or lower on at least four permanent conditions of the thirteen motor items using the FIM.

(4) A score of 30 or lower using the Global Assessment of Functioning (GAF). NOTE: The GAF is taken directly from the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV), p. 32, except that VHA only includes scores from 1 to 100, excluding 0 (insufficient information).

(a) GAF is a 100-point scale divided into ten defined levels, with higher scores indicating a higher overall level of functioning. For example, the Description of the GAF level 21 to 30 is as follows: “Behavior is considerably influenced by delusions or hallucination or serious impairment in communication or judgment (e.g., sometimes incoherent, acts grossly inappropriately, suicidal preoccupation) or inability to function in almost all areas (e.g., stays in bed all day, no job, no home or no friends).”

(b) GAF is to be used only to reflect psychological, social, and occupational functioning. Impairment in functioning due to physical illness or environmental limitations are not to be taken into consideration in using this scale. The scale rates both functioning and, particularly in the higher ratings, the severity of symptoms due to a mental disorder. Using GAF for documenting the CD may be only done in the context of a mental disorder considered to be of a permanent nature. For example, a patient with a serious suicidal attempt might well rate a score under 30, but generally within a few days or weeks will return to a much higher level both symptomatically and functionally. CORRECTED COPY VHA DIRECTIVE 2004-067 November 22, 2004 A-3

4. References

a. Katz S, Downs TD, Cash HR, et al. “Progress in the Development of the Index of ADL,” The Gerontologist. Part I:20;1970.

b. Juva K., Sulkava R., Erkinjuntti T., et al. “Staging the Severity of Dementia: Comparison of Clinical (CDR, DSM III-R), Functional (ADL, IADL) and Cognitive (MMSE) Scales,” Acta Neurologica Scandinavica. 90:293;1994.

c. Folstein MF, Folstein S, McHugh PR. “Mini-mental State: A Practical Method for Grading the Cognitive State of Patients for the Clinician,” Journal of Psychiatric Research. 12:189; 1975. CORRECTED COPY VHA DIRECTIVE 2004-067 November 22, 2004 B-1

#16 Jay

 
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Posted 23 September 2011 - 03:33 PM

Thanks cooter for your reply. I will submitted the catastraphoic letter. I also received a letter today stating I am not feasable for employment from Voc Rehab. Can I use this for TDIU and SSD. It mentions after speaking with me the following issues were noted

inability to deal with authority figures which casuses you high anxiety
Difficulties dealing with and managing stressful situations on the job
Concentration issues affecting your job performance and completeing your educational training
PTSD and Bipolar causing you to struggle with social and occupational settings

Uncessful maintaining employment for any period in time and in any setting because of PTSD and Bipolar symptoms; you have not been
able to perform job duties and you continually are assigned different job assignments, have conflicts with coworkers and supervisors etc..

You have had two jobs since moving to _____ and were uncessful retaining them do to your service connected disabilities.

Based on this information, we are unable to find feasible for employment under guideline of Vocational Rehabiltating

Independent living services not needed at this time.

.
Thanks for everyones replies. Not having the complete support of my doctors with regards to writing lengthy supporting letters and no IMO anywhere near I am trying to gather what I do have to make a strong case. So any comments are welcomed and appreciated on how strong a case I may or may not have at this time using the 2 doctor letters, Catastrophic Disabled letter, and now the Voc Rehab lettter.



#17 cooter

 
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Posted 23 September 2011 - 04:11 PM

YES, by all means submit the Voc Rehab letter. Their statement "Based on this information, we are unable to find feasible for employment " is strong evidence you can not work.
Submit this with the other docs to SSA and your claim for TDIU.

I can't remember if you mentioned earlier if you already have a claim in for TDIU or not. If you already did file, make sure the Voc Rehab letter gets in your c:file so it would be considered evidence in the claim.




Coot

#18 Jay

 
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Posted 30 September 2011 - 07:00 PM

Ok so I turned in the two Dr. Letters below, Voc Rehab not feasible employment letter, and the Catastrophically disabled letter since 2009 into the Regional office via my Service Officer all this month. Today I received a chapter 35 DEA dependents pamphlet with a letter about my son and/or daughter may be eligible for these benefits. Does this mean I got the TDIU P&T I requested. I haven't had a C&P but I did have one two years ago that gave me the PTSD at 70%. This seems very fast to get one of these pamphlets already. Comments?

#19 cooter

 
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Posted 30 September 2011 - 07:41 PM

For the moment, all I can say is, it's not a bad sign!
I sure nobody can give you a positive answer if it was granted or not. To early.




Coot


#20 john999

 
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Posted 30 September 2011 - 07:54 PM

I bet you get a rating letter pretty soon that says you are entitled to Chapter 35. That means P&T.

#21 cooter

 
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Posted 30 September 2011 - 08:40 PM

Although I can say this Jay, just keep a look out on your bank account.




Coot

#22 carlie

 
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Posted 30 September 2011 - 09:23 PM

cooter,
When you have something with this much info please post a link.
What is the link for this information ?
Thanks

I would definitely say so.

DEFINITION OF CATASTROPHICALLY DISABLED
1. Catastrophically disabled (CD) means to have a permanent severely disabling injury, disorder, or disease that compromises the ability to carry out the activities of daily living (ADL) to such a degree that the individual requires personal or mechanical assistance to leave home or bed or requires constant supervision to avoid physical harm to self or others.

2. A veteran may meet the initial CD requirement by a:

a. Clinical evaluation of the patient's medical records that documents that the patient previously met the criteria set forth in following paragraph 3 and continues to meet such criteria (permanently), or would continue to meet such criteria (permanently) without the continuation of on-going treatment; or

b. Current medical examination that documents that the patient meets the criteria set forth in following paragraph 3 and will continue to meet them, or would continue to meet such criteria (permanently) without the continuation of on-going treatment.

3. This definition is met if an individual has been found, by the Chief of Staff (or equivalent clinical official) at the Department of Veterans Affairs (VA) facility where the individual was examined, to have a permanent condition specified in following subparagraphs 3a, 3b, or 3c:

a. One of the permanent diagnoses found on website: http://vaww.va.gov/v...01/report01.htm (see "View CD Diagnoses").

<H1 style="MARGIN: 0in 0in 0pt">OR </H1>b. A condition resulting from two of the International Classification of Diseases, 9th Edition, Clinical Modification (ICD-9-CM) procedure codes, or associated V codes when available, or Current Procedural Terminology (CPT) codes provided the two amputation procedures were not on the same limb. These codes can be found at the following website: http://vaww.va.gov/v...01/report01.htm (see "View CD Diagnoses").

<H1 style="MARGIN: 0in 0in 0pt">OR </H1>c. One of the following permanent conditions:

(1) Dependent in three or more ADLs; i.e., eating, dressing, bathing, toileting, transferring, incontinence of bowel and/or bladder, with at least three of the dependencies being permanent with a score of 1, using the Katz scale. NOTE: The Katz Index of ADL assigns a maximum of 18 points across all six ADLs. The most dependent rating on each ADL is a 1, and an intermediate functional limitation is a rating of 2, with independence rated as 3. To be catastrophically disabled, the veteran must have a rating of 1 on a minimum of three permanent ADLs. For example, a veteran dependent in all ADLs would have a total Katz score of 6. VHA DIRECTIVE 2004-067 CORRCETED COPY November 22, 2004 A-2

Similarly, a veteran dependent in three ADLs and needing less assistance in three other ADLs would score 9.

(2) A score of 10 or lower using the Folstein Mini-Mental State Examination (MMSE). NOTE: The MMSE has a maximum assignment of 30 points across eleven measures. A score of less than 10 is consistent with severe cognitive impairment. To qualify for CD status, there must be documentation in addition to the MMSE score of 10 or lower, showing that the patient has a permanent cognitive impairment. To show that the impairment is permanent, the reversible causes of cognitive impairment need to be ruled out. A common example is a delirious patient who may score very badly on the MMSE, but improve once the source of delirium is treated. It is also important for evaluators to remember that a low MMSE score by itself is not diagnostic (i.e., it is not specifically diagnostic of dementia), but it is an indication of cognitive impairment that warrants further evaluation.

(3) A score of 2 or lower on at least four of the thirteen motor items using the Functional Independence Measure (FIM). NOTE: The FIM contains eighteen measures in six domains. The thirteen motor items are in four domains: self-care; sphincter control; transfers; and locomotion. The scores across all these domains range from needing a helper because of complete dependence (score of 1 for total assistance and a score of 2 for maximal assistance), with intermediate scores 3 through 5 for modified independence, to scores 6 or 7 when no helper is needed. To be CD, the veteran must have a score of 2 or lower on at least four permanent conditions of the thirteen motor items using the FIM.

(4) A score of 30 or lower using the Global Assessment of Functioning (GAF). NOTE: The GAF is taken directly from the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV), p. 32, except that VHA only includes scores from 1 to 100, excluding 0 (insufficient information).

(a) GAF is a 100-point scale divided into ten defined levels, with higher scores indicating a higher overall level of functioning. For example, the Description of the GAF level 21 to 30 is as follows: "Behavior is considerably influenced by delusions or hallucination or serious impairment in communication or judgment (e.g., sometimes incoherent, acts grossly inappropriately, suicidal preoccupation) or inability to function in almost all areas (e.g., stays in bed all day, no job, no home or no friends)."

(b) GAF is to be used only to reflect psychological, social, and occupational functioning. Impairment in functioning due to physical illness or environmental limitations are not to be taken into consideration in using this scale. The scale rates both functioning and, particularly in the higher ratings, the severity of symptoms due to a mental disorder. Using GAF for documenting the CD may be only done in the context of a mental disorder considered to be of a permanent nature. For example, a patient with a serious suicidal attempt might well rate a score under 30, but generally within a few days or weeks will return to a much higher level both symptomatically and functionally. CORRECTED COPY VHA DIRECTIVE 2004-067 November 22, 2004 A-3

4. References

a. Katz S, Downs TD, Cash HR, et al. "Progress in the Development of the Index of ADL," The Gerontologist. Part I:20;1970.

b. Juva K., Sulkava R., Erkinjuntti T., et al. "Staging the Severity of Dementia: Comparison of Clinical (CDR, DSM III-R), Functional (ADL, IADL) and Cognitive (MMSE) Scales," Acta Neurologica Scandinavica. 90:293;1994.

c. Folstein MF, Folstein S, McHugh PR. "Mini-mental State: A Practical Method for Grading the Cognitive State of Patients for the Clinician," Journal of Psychiatric Research. 12:189; 1975. CORRECTED COPY VHA DIRECTIVE 2004-067 November 22, 2004 B-1



#23 cooter

 
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Posted 30 September 2011 - 10:00 PM

cooter,
When you have something with this much info please post a link.
What is the link for this information ?
Thanks


I usually do posts the links, but on this particular one if I remember right, I copied and pasted it from another web site forem that didn't provide the link. But I'm not 100% positive, so I'll do some searching just in case I'm wrong.



Coot


#24 cooter

 
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Posted 30 September 2011 - 10:37 PM

Carlie, I found the page I copied it from. I was thinking I found it on another site but in fact it was here on a previous post.
Heres the link I copied it from. It starts about half way down the page.

http://www.hadit.com...ran-evaluation/




Coot


#25 carlie

 
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Posted 30 September 2011 - 11:06 PM

Carlie, I found the page I copied it from. I was thinking I found it on another site but in fact it was here on a previous post.
Heres the link I copied it from. It starts about half way down the page.

http://www.hadit.com...ran-evaluation/

Coot


cooter,
Thanks for posting the link :-)
Good job !

#26 Jay

 
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Posted 01 October 2011 - 07:57 AM

All

I will look for a letter in the mail and a change in my bankaccount. I checked ebenefits and itstill showing in development stage. Iwould expect this since I just turned in the following information in thismonth;

Sept 7, 2011 TDIU Application and Dr. Letters

Sept 21, 2011 Catastrophically Disabled letter

Sept 26, 2011 VocationRehabilitation not feasible employment letter

I won’t keep my hopes up since from past experience I havenever seen something processed this fast. Have any of you?



#27 Jay

 
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Posted 01 October 2011 - 10:43 AM

I just read that in M21-1MR, Part III, Subpart iii, Chapter 6, Section A


that a eligibility notification 22-8335 form is generated on the 13, 16, and 18 birthday of the dependent. In my case my child just turned 13 this month. So I think that is why I got the letter and not because I turned in the TDIU stuff. Well lets hope it still gets approved.


#28 Jay

 
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Posted 05 October 2011 - 02:55 PM

I receivedmore news today and wonder what everyone’s comments are:
I called my VFW Rep today who told me she found out by the RO working my casethat I have a TDIU claim on appeal already from last year ready to go to theBVA (they gave me temp TDIU but only for 6 months and it should have been for16 months back in 2008 - 2010 - doctors kept extending my disability from workbut the RO didn't have all the extensions only the original 6 monthsdisability).
I then put in a new claim for TDIU this month with new evidence mentioned abovein my first post. The RO said I couldn't have two TDIU claims going at the sametime. So
1) The BVA appeal will be the TDIU claim while
2) The TDIU I just put in September will be for an increase on my PTSD (schedulerI think).
Sometime later the VFW Rep calls back and says never mind what is going tohappen is the RO will look at the case again since the Voc Rehab not feasibleemployment letter is new and strong evidence (since that's what they do) as isthe other evidence I just submitted in September and try to make a decision inmy favor. If he can't fully make a decision then maybe give me TDIU but theother part would still go to BVA or not. He has to take a look at my case againso this may take a little while she said.
Oh there maybe a chance the retro would go back to the first time I NOD theTDIU, but I see this as a long shot.
I hope I didn't confuse anyone is this positive news?



#29 cooter

 
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Posted 05 October 2011 - 08:03 PM

Good to hear from you again Jay.

It sounds as if there was a screw up concerning the 2 TDIU claims. Which is obvious.
Was it because you understood us to submit the new evidence with another TDIU claim? The reason I'm asking is we (hadit) wants to make sure you weren't misguided in some way for your claim to be unnecessarily held up due to us. I think our response to the new evidence was; To make sure you submitted the evidence so it would be placed in your c;file to be considered as evidence for the existing TDIU claim.

I truly apologize if there was an misunderstanding from our side of it.

What I understand is now, they were going to change the recent TDIU claim as a claim for increase on the PTSD, but now it has changed to where RO is going to hold the first TDIU claim that was headed to BVA so the RO can take a second look at it. Am I reading you right? If this is the case, are they going to cancel the second TDIU claim as well too?

I'm asking all this because I'm trying to decipher this statement you just posted;

"If he can't fully make a decision then maybe give me TDIU but theother part would still go to BVA or not."

Which part?




Coot



#30 Jay

 
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Posted 06 October 2011 - 02:28 AM

Hello cooter good to hear from you as well


To answer your question no hadit didn't misguide me. I had put in TDIU claim in last year and put in another TDIU claim this month prior to asking any questions on hadit.

To better clarify the first TDIU was put in back in 2010 when I went on disability for 16 months. During this time I NOD the SOC because they only paid me for 6 months of disability rather than the full 16 months. This case then was being prepared to go to the BVA. So this was a temp TDIU case. Full TDIU was never granted.


I then went back to work. Then my SC caused me to get sick and got worse again and lost two more jobs the last one being this past September 2011. So I applied for TDIU again. This time I had a letter from VOC Rehab not feasible for employment letter, catastrrophic disability letter that I found that was dated from 2009 (and is still active), and two recent mediocre letters from my treating Drs. to hopefully help support my new claim for TDIU. Since I had a TDIU claim already on appeal to BVA they decided to make this new TDIU claim a schedular claim.


In the meen time, in September 2011, I got a Chapter 35 letter and pamphlet that I read usually comes prior to being excepted for TDIU P&T. But I also read it's generated during the 13 16, and 18th bithday of your dependents birthday. My son turned 13 in September. So I got all screwed trying to determine what is happening with my case. Did I get TDIU P&T. Apparently not because:


Today my VSO calls me and tells me that with the new evidence (VOC Rehab non feasible employment letter is apparently strong evidence) that the RO is holding off sending the c-file to BVA so he can take a look at the file in light of the new evidence. it's possible he can award me TDIU going back to my original 2010 NOD. He may also be only able to give me TDIU and not the retro pay. In this scenario he would grant TDIU but the reto pay would still have to go to BVA on appeal. So its a matter of him granting or deciding in my favor in full support or partial support of my claim or not at all. Partial would meen I get TDUI but my claim would go to BVA for 2010 NOD reto pay. This re-review will not be for schedular as it was originally setup to be it will be for TDIU 100%. (P&T I hope).

Hope this helps clarify it better? More comments welcome.

#31 Berta

 
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Posted 06 October 2011 - 08:47 AM

"the VFW Rep calls back and says never mind what is going tohappen is the RO will look at the case again since the Voc Rehab not feasibleemployment letter is new and strong evidence (since that's what they do) a"

The problem with that is, the VA is supposed to review everything before they make formal transfer to the BVA.

They have to answer many yes or no questions.Then the Rep or SO from any POA is supposed to review that form and respond with a 646.

The VA often lies on the form. I posted the form here somewhere -it is the I-8.

Did the VFW rep mean he/she is going to prepare a formal request for reconsideration?Or is the rep relying on their belief (since thats what they do)

#32 Jay

 
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Posted 06 October 2011 - 02:11 PM

Thanks Berta for your help


The answer is the SO is relying on what the RO's stated that he/she beliefs that Voc Rehab's specialty is in dealing with employment. He/She believes that having Voc Rehab finding me not feasible for employment is strong evidence that was not previously in my claim.along with the catastrophic disability letter, and some doctor letters (which I wrote out earlier in this thread). All of this which could change the outcome of my case.

No formal reconsideration was requested by my SO just a new 21-8940 IU claim was submitted with this new evidence

The C-File was then apparently pulled from being shipped to BVA (it hadn't been certified yet but was in the works) so that the RO could take another look at my case with the new evidence mentioned above. With this new evidence they may be able to decide in favor of TDIU and back date it to the time I first put in the NOD (no BVA appeal would then be required). However, they could grant TDIU now but not back to when I put in the NOD this would then require my case to go to BVA to fight the temp TDIU of 16 months. Or they could deny both the current TDIU and the one I have about ready to go to BVA in which case the claim would go to BVA on appeal but have all the new evidence attached.

I hope this made some sense.this is how I understood it from my SO.


As for the other stuff you mentioned in your post I am sorry but I don't follow what your trying to say. Can you help me understand, sorry?

Edited by Jay, 06 October 2011 - 04:20 PM.