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50% Sc Ptsd, Increase Tdiu ** TRIGGERS **

Ptsd Increase TDIU

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24 replies to this topic

#1 n3wyork13

 
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Posted 13 January 2012 - 08:53 PM

I am new here 1st post been getting information off from here since i filed my intial clam 2 years ago and was awarded the 50% sc for ptsd. I tried to use my Vet Officer at the VA here in Lafayette but he wasnt helpful, at all.
I havent worked since i got out in July of 2008 until recently i have had 3 jobs and lost them all im listing in the most recent order ( installing satellites i lost it for blowing up on a gas staion owner who is of middle eastern decen i was off my medication so i could function, before that fireworks job that i lost because someone broke in at night and i slept through it because of my meds, and the first one i lost for a confrontation with the boss). So my girlfriend has been forced to go back because i am unemployable. So i am going to file for an increase and TDIU and send them in at the same time. I have the paper work from the approval of my first claim i can post. I was 11B in OIF 06-08 here is a link to the events that took place
http://angryskippera..._honor_roll.htm

I havent been going to shrink because i was working when i did go my girlfriend had to drive me b/c i dont drive since coming home, but i have a baby now and im at home with her on the days i can handle, sometimes we have to take her over to the sitter because some nights i wont get anysleep at all i just lay in the bed, i take my medicine and ill go to sleep but i wont be able to function and ill have to get her to the sitter anyway. So its like im damned if i do and damned i i dont. I definitly think i'll get the increase but im not sure about the TDIU or even if i should try.

Any and all advice appreciated.

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#2 carlie

 
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Posted 13 January 2012 - 09:06 PM

Welcome.

#3 mobie16r

 
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Posted 14 January 2012 - 10:46 AM

I feel you my "BROTHER" now go-ahead and file for a increase and make you an appointment with your shrink,and tell he/she how your combat experience is effecting your everyday life and if your psychiatrist or psychologist stated you are unemployable due to your service connected PTSD,you could be rated a 100% for ptsd of you could get a increase to 70% and get the TDIU,which would make you a100%.Welcome Home and Thanks for your service to your country. GOOD LUCK!

mobie 16r
100% ptsd
Vietnam 1966-67-68

#4 john999

 
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Posted 14 January 2012 - 11:49 AM

If you have not been able to work in almost 4 years file for TDIU. Good luck!

#5 Philip Rogers

 
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Posted 15 January 2012 - 09:54 AM

I'd pursue the TDIU and NOD the 50% that was awarded. If it's been over a year since the award, I'd use the excuse that your PTSD interferred w/your ability to assist much in your claim, causing the delay. I'd also CUE the 50% award stating it should have been higher and why. jmo

pr

#6 n3wyork13

 
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Posted 16 January 2012 - 04:20 PM

Here is the letter I wrote to the VA so that they will give me the increase and TDIU. Hope it isnt to long for yall to read and i appreciate your time if you do read it. Let me know how it sounds and if i need to add anything. Also how do i word it when i tell them about the CUE?


On the 19th of February 2007, our patrol base located in Tarmiyah was attacked in force by insurgents. The attack began with small arms and RPG fire and culminated with an attack by a suicide car bomber. We were told that
the truck used in the attack was carrying 1000 lbs. of military grade
explosives. As a result, we lost two soldiers CPL Montrel S. McArn and SSG Pedro J. Colon. This was compounded by the loss we had experienced a day before to an insurgent sniper SPC Justin Paton.
On 12 April while on patrol in the market of Tarmiyah, I was the saw gunner in a HMMWVs when we stoped so RED 1(1LT Gwilym Newman) could talk with a shop owner. I was scanning the sector when i heard a loud crack I seen the LT had been hit, I immediatley startred spraying the M249 in all directions because i didnt know where the shot came from, the driver of the truck got out and they loaded his body onto the hood of the HMMVWs we drove back to the parol base with him bleeding all over the hood of the truck.
As soon as we got back inside the wire I jumped out the hatch and grabbed RED 1 under the arms while Spc Mclain secured his feet and we began to carry him in. While carrying him in the bullet had traveled through his helmet and his head out the back of the helmet and the exit wound was leaking all down the front of me. I remember bringing him into the medic they put him in the body bag and puyt it in the closet. After that I had to go back to the truck and get my M249 one the way back in seen a white piece of something on the ground i picked it up and i was a piece of RED 1s skull.
On 23 June 2007, one of our HMMWVs was struck by an IED outside our new patrol base at Hor Al Bosh. Inside were 1LT Dan Riordan, SGT Jimy Malone, SPC Joel House, and SPC Derek Calhoun. The blast was devastating and they were all taken instantly.
I was also involved in an IED blast as well as a mortar attack. When I first got to Iraq i hardly knew anyone these guys but after living with the in the patrol base I was close with all of them.
These events and state of mind I was in for those 15 months affect me numerous times everyday especially now that I have a daughter. My girlfriend has been forced to go back to work because i am unable to provide for our family.
Upon getting out of the military I have was unable to find employment of any nature for 3 years, recently I have had odd jobs here and there but I am unable to keep these jobs. I was working installing commercial satellites but alot of the owners are of middle eastern decent, I was working behind the counter one day and the owner said for me to get out of the way and i blew up on him and threatened to kill him. My boss was understanding because of my condition, but told me that i should not continue doing this kind of work because I am going to run into this problem alot. Before this job I had only a seasonal postion at a fireworks stand, I was running the tent, My boss wasnt to sure about letting me run the tent because of my PTSD because of the amount of people coming in and out. We agreed to let me try it under the agreement that i would be taking my medicine. After i closed down one night someone broke into the tent and stole some merchandise, lighting them in the middle of the road 50 feet from the tent. The next morning the owner of the property we were leasing from came and questioned me and I knew nothing of it because I had taken my medicine the night before and was sound asleep. I finished the season at the stand (not taking medicine) and wasn't offered employment back the next season (December 2011).
A few nights a week I just lay in the bed and wait to go to sleep but I never do until its daylight outside. I don't drink beers or smoke marijuana anymore because i have a 6 month old daughter that I try to do the right thing for. I do feel a great sense of accomplishment from not using drugs or alcohol anymore. One of the few things that I have been able to get right. Some days my girlfriend will have to bring my daughter to the sitters because I am unable to care for her if I havent slept at all the night before or if I'm having a "PTSD day" as she calls them. I am continously depressed and anxious during the day pacing around the house looking out the window and checking the locks on the doors. I have had a few violent outbursts where I punched holes in the wall. Sometimes the littlest thing just sets me off or it can be nothing at all. I don't usually leave my house and if i do my girlfriend gets mad because I have not showered or shaved. When I'm out in public I become EXTREMLEY anxious and irritable. I just get the feeling that everyone is watching me.

Edited by n3wyork13, 16 January 2012 - 04:22 PM.


#7 carlie

 
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Posted 16 January 2012 - 05:36 PM

Here is the letter I wrote to the VA so that they will give me the increase and TDIU. Hope it isnt to long for yall to read and i appreciate your time if you do read it. Let me know how it sounds and if i need to add anything. Also how do i word it when i tell them about the CUE?


On the 19th of February 2007, our patrol base located in Tarmiyah was attacked in force by insurgents. The attack began with small arms and RPG fire and culminated with an attack by a suicide car bomber. We were told that
the truck used in the attack was carrying 1000 lbs. of military grade
explosives. As a result, we lost two soldiers CPL Montrel S. McArn and SSG Pedro J. Colon. This was compounded by the loss we had experienced a day before to an insurgent sniper SPC Justin Paton.
On 12 April while on patrol in the market of Tarmiyah, I was the saw gunner in a HMMWVs when we stoped so RED 1(1LT Gwilym Newman) could talk with a shop owner. I was scanning the sector when i heard a loud crack I seen the LT had been hit, I immediatley startred spraying the M249 in all directions because i didnt know where the shot came from, the driver of the truck got out and they loaded his body onto the hood of the HMMVWs we drove back to the parol base with him bleeding all over the hood of the truck.
As soon as we got back inside the wire I jumped out the hatch and grabbed RED 1 under the arms while Spc Mclain secured his feet and we began to carry him in. While carrying him in the bullet had traveled through his helmet and his head out the back of the helmet and the exit wound was leaking all down the front of me. I remember bringing him into the medic they put him in the body bag and puyt it in the closet. After that I had to go back to the truck and get my M249 one the way back in seen a white piece of something on the ground i picked it up and i was a piece of RED 1s skull.
On 23 June 2007, one of our HMMWVs was struck by an IED outside our new patrol base at Hor Al Bosh. Inside were 1LT Dan Riordan, SGT Jimy Malone, SPC Joel House, and SPC Derek Calhoun. The blast was devastating and they were all taken instantly.
I was also involved in an IED blast as well as a mortar attack. When I first got to Iraq i hardly knew anyone these guys but after living with the in the patrol base I was close with all of them.


ABSOLUTELY NONE OF THE ABOVE WILL BE CONSIDERED IN YOUR CLAIM FOR INCREASE FOR PTSD.

These events and state of mind I was in for those 15 months affect me numerous times everyday especially now that I have a daughter. My girlfriend has been forced to go back to work because i am unable to provide for our family.
Upon getting out of the military I have was unable to find employment of any nature for 3 years, recently I have had odd jobs here and there but I am unable to keep these jobs. I was working installing commercial satellites but alot of the owners are of middle eastern decent, I was working behind the counter one day and the owner said for me to get out of the way and i blew up on him and threatened to kill him. My boss was understanding because of my condition, but told me that i should not continue doing this kind of work because I am going to run into this problem alot. Before this job I had only a seasonal postion at a fireworks stand, I was running the tent, My boss wasnt to sure about letting me run the tent because of my PTSD because of the amount of people coming in and out. We agreed to let me try it under the agreement that i would be taking my medicine. After i closed down one night someone broke into the tent and stole some merchandise, lighting them in the middle of the road 50 feet from the tent. The next morning the owner of the property we were leasing from came and questioned me and I knew nothing of it because I had taken my medicine the night before and was sound asleep. I finished the season at the stand (not taking medicine) and wasn't offered employment back the next season (December 2011).
A few nights a week I just lay in the bed and wait to go to sleep but I never do until its daylight outside. I don't drink beers or smoke marijuana anymore because i have a 6 month old daughter that I try to do the right thing for. I do feel a great sense of accomplishment from not using drugs or alcohol anymore. One of the few things that I have been able to get right. Some days my girlfriend will have to bring my daughter to the sitters because I am unable to care for her if I havent slept at all the night before or if I'm having a "PTSD day" as she calls them. I am continously depressed and anxious during the day pacing around the house looking out the window and checking the locks on the doors. I have had a few violent outbursts where I punched holes in the wall. Sometimes the littlest thing just sets me off or it can be nothing at all. I don't usually leave my house and if i do my girlfriend gets mad because I have not showered or shaved. When I'm out in public I become EXTREMLEY anxious and irritable. I just get the feeling that everyone is watching me.

ALL OF THE ABOVE NEEDS TO BE ADDRESSED BY A MENTAL HEALTH PROFESSIONAL.
IF ANYTHING I WOULD BE SURE TO FILL OUT AND SUBMIT A 21-8940 FOR IU - IF YOU HAVEN'T
DONE SO YET.
ALSO - I have edited your topic title only to add the word TRIGGER -
Please show TRIGGER in any topic title - that could TRIGGER someone when they
are reading it - this way they have fair warning.
JMHO

#8 n3wyork13

 
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Posted 16 January 2012 - 06:04 PM

Thanks Carlie for reading all of that. If it will not be considered do i need to remove it or should i just leave it in there so that they know what happened? Also I assume That you mean i Need to go tell my shrink about the second part when you say it needs to be adressed by a Mental Health Professional? Thank you for telling me to fill out the TDIU form as I have not done so yet. From now on ill be sure to add Triggers if i post something with them in it.

Edited by n3wyork13, 16 January 2012 - 06:08 PM.


#9 carlie

 
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Posted 16 January 2012 - 08:17 PM

Thanks Carlie for reading all of that. If it will not be considered do i need to remove it or should i just leave it in there so that they know what happened?
You are already SC'd for PTSD - the event/s that caused your PTSD are no longer relevant
especially in a claim for increase.


Also I assume That you mean i Need to go tell my shrink about the second part when you say it needs to be adressed by a Mental Health Professional?
Lay evidence does not carry that much weight by itself - you will need medical evidence
from a MH professional.




#10 Pete53

 
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Posted 16 January 2012 - 09:48 PM

Welcome to Hadit. Good Luck with your claim

#11 Berta

 
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Posted 18 January 2012 - 08:01 AM

You should apply for SSDI benefits.
The criteria and initial SSA forms are at the SSA web site.
Check Yes to @ 18 on the TDIU form and then under Remarks refer them to a separate page andtell them why you believe you are unemployable due to your PTSD.
Tell them why you cannot drive and tell them of any side affects the PTSD meds have on you.
Make sure you put your name,address and C file number on any additional pages you send in with the TDIU form.

Make sure too that you keep a copy of every and get a proof of mailing at the Post Office.

Carlie is right- once a stressor has been confirmed , as in your case, there is no need to tell them of additional stressors when applying for TDIU.TDIU solely depends on evidence that shows ypour SC has rendered you unemloyable.

Since receiving the 50% has the VA increased or changed your meds due to more significant PTSD problems? If so, tell the VA that too.

You could file the NOD on the 50% decision if you still are withint the appeal period and in the NIOD, refer them to the enclosed TDOIU form and any additional info you are sending in with it.





"I havent been going to shrink"

I suggest that you start getting regular MH appointments because ,if not, down the road VA could possibly use this against you.Maybe not- but my point is that disability comp depends on continuos disability and VA justifies their awards based on cntinuous treatment.

#12 n3wyork13

 
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Posted 19 January 2012 - 03:26 PM

"You should apply for SSDI benefits.
The criteria and initial SSA forms are at the SSA web site.
Check Yes to @ 18 on the TDIU form and then under Remarks refer them to a separate page andtell them why you believe you are unemployable due to your PTSD.
Tell them why you cannot drive and tell them of any side affects the PTSD meds have on you.
Make sure you put your name,address and C file number on any additional pages you send in with the TDIU form".

I applied for SSDI and was denied because they said my sypmtoms are from drug and alcohol abuse. I was self medicating for a long time, but I have a daughter now and I have to be sober on the days that I actually can watch her. It's actually one of the things I have been able to get right.

"Since receiving the 50% has the VA increased or changed your meds due to more significant PTSD problems? If so, tell the VA that too"

I am so posed to take 5 or 6 pills a day, I used to go to the shrink every month and to the other counsler guy once a month. But I couldnt function at work on the meds so I had to stop taking them, the result of not taking them I lost my job, Now my girlfriends back at work and I cannot drive to the VA Appointments.So its hard to get back in there to talk to the shrink, I have called and am waiting for a call back with an appointment

Thanks for reading!

#13 n3wyork13

 
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Posted 21 January 2012 - 04:29 PM

I didnt mention before all my jobs were under the table, do i tell them that or will it get me into trouble?

Edited by n3wyork13, 21 January 2012 - 04:30 PM.


#14 Chuck75

 
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Posted 21 January 2012 - 06:06 PM

I didnt mention before all my jobs were under the table, do i tell them that or will it get me into trouble?


Chances are that those jobs did not result in SSA "contributions" and credit. So they should be a non player for anything but a VA pension related calculation.
If there are no records, there are no records, and nothing to mention.

Since you are already rated for PTSD, the in service info should have already been considered (rightly or wrongly). This leaves current evidence that the condition has become worse. Getting this changed can be difficult, unless errors were made that reach the level of "CUE".
Given the very recent Appeals Court ruling, it looks like you will need to get or have supporting evidence in your file, and then undergo another C&P for PTSD.

Edited by Chuck75, 21 January 2012 - 06:16 PM.


#15 n3wyork13

 
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Posted 19 February 2012 - 02:53 PM

*update*
I recently moved and when I called the big va hospital to change.my adress I was surprised to find out that I have a cnp on the 28th of this month for an increase, I'm not complaining but I did notice.that it is with the same DR I seen the first time. He said I may have been exaggerating my syptoms in my initial CnP. I never sent the paperwork in that i was preparing because of the move I made so should I bring it with me and read it to the CnP exaimner? I Donr want to bore him to death and I don't know how good I would be able to read it because of my anxiety. Just looking for some insight/advice any and all is appreciated.

#16 john999

 
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Posted 19 February 2012 - 03:53 PM

The VA should not be using the same doctor for two c&p exams.

#17 n3wyork13

 
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Posted 19 February 2012 - 04:16 PM

The VA should not be using the same doctor for two c&p exams.


Maybe a diffrenr examiner from the same office?


#18 carlie

 
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Posted 19 February 2012 - 04:23 PM

DO NOT MISS THIS C&P EXAM -
IN FACT BE SURE TO LEAVE HOME EARLIER THAN YOU
THINK YOU NEED TO.

The exam is for an increase -
your focus should be on how
your PTSD effects your daily life now - especially in regards to
Occupational and Social functioning.

#19 n3wyork13

 
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Posted 27 February 2012 - 08:10 AM

On my way to the CnP exam, my anxiety is through the roof! Im going to have my girlfriend go in there with me this time so maube i wont be as anxious and jumpy li
ke last timr when my examinet.said i mayhavebeen exagerating my symptons. Ill update yall as soon as i leave the office!

#20 n3wyork13

 
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Posted 27 February 2012 - 10:31 PM

Not sure how the exam went. I arrived at 1030 my appt was for 11. I had to fill out the queationaire thing again. That took me about 45 mins. So give or take 1130 the examiner (same one I had fory inital claim) came out and told me that he had another veteran he had to finish up with and after that he was going on 45 min lunch break and that he would see me after that. I was sitting in the lobby with my girlfriend and out 8 month old daughter for 2 and a half hours before I got to see the examiner.

My when he came in and called me to go back there were like 4 other vets in lobby and i got really embarrassed so I don't even ask if.my girlfriend could come becaue evryone was looking at me...on the way to his office he tried to make a conversation about mardi grad.parades and i told him i wouldnt know because I can't go to them because of all the people.

He asked me how I was and i told him not good, I just got evicted on the 10th for an argument with my landlord. And i had moved, but on the way to the exam this morning I was in another verbal altercation with my new landlord. I think he wrote that down.I also told him about now being able to watch my daughter and losing my job at the fireworks tent. He asked about the drugs.and alcohol and.I told him that I haven't done anything sincei November. He asked me how I afford.to live and i told.him with.what little money I get now I pay my rent but that's it and my gf is forced to work because I can't. And that we are on foodstamps. He did seem to notice that he had Interviewed me before.and seemed to make a note of it. But i was only In there talking with him for about 15-20 mins. He did ask me if there was anything he left out and i said umm idk I don't think so i got really nervous when he asked.me idk why. So hopefully all went well.......

#21 n3wyork13

 
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Posted 30 March 2012 - 09:23 AM

Ok Great news I got the copy of my exam and it says that I am atleast temporarily unemployable. "This veterans condition has deteriorated since he was seen by this examiner in Jan 2011.He has other conditions than Ptsd.His mood disorder secondary to his ptsd and polysubstance dependency and.is also influenced by his personality disorder. As likely as not, he is temporaily unemployable because of his unstable mental condition".
So sounds to me like I should be getting an increase to atleast 70% TDIU. Wonder how long it will take, prolly just as long as my initial claim or would it be quicker because the exaimer specefically states I'm unemployable.? Thanks for reading, any and all replys/advice is appreciated.

#22 john999

 
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Posted 30 March 2012 - 04:37 PM

I do not like that referrence to a personality disorder. A PD is not compensable. What do you want to bet the VA tries to load up your problems on the PD. They did with me and I had a diagnosis at the time of schizophrenia. That is sort of like the cancer of mental illnesses. I also had a DX of unstable personality disorder. The VA tried to say that was my real problem.

#23 n3wyork13

 
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Posted 30 March 2012 - 08:29 PM

I do not like that referrence to a personality disorder. A PD is not compensable. What do you want to bet the VA tries to load up your problems on the PD. They did with me and I had a diagnosis at the time of schizophrenia. That is sort of like the cancer of mental illnesses. I also had a DX of unstable personality disorder. The VA tried to say that was my real problem.

Man u sure did rain on my parade. Idk if the personality disorder will hurt me tho cus its.secondaru to my ptsd. Carlie will know hopefully sje can provide some insight

#24 Berta

 
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Posted 31 March 2012 - 06:57 AM

I was concerned about that too-but you already get 50% or PTSD SC.

Was this personality disorder BS something new,

and just generated by the recent C & P?

I dont think you should be to concerned at this point-but we are well seasoned VA claimants here and if the VA can throw in a landmine, they will and we cant help but notice it right away.


I assume that you had adequate testing that warranted the initial 50% SC PTSD rating.
Maybe the PD factor was even brought up at that time but disregarded for the actual PTSD diagnosis.

#25 n3wyork13

 
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Posted 04 April 2012 - 03:19 PM

I was concerned about that too-but you already get 50% or PTSD SC.

Was this personality disorder BS something new,

and just generated by the recent C & P?

I dont think you should be to concerned at this point-but we are well seasoned VA claimants here and if the VA can throw in a landmine, they will and we cant help but notice it right away.


I assume that you had adequate testing that warranted the initial 50% SC PTSD rating.
Maybe the PD factor was even brought up at that time but disregarded for the actual PTSD diagnosis.

Do I need to file for TDIU since it says.in my report that I am atleast temporarily unemployable?




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