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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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Requesting Evaluation For Tdiu After Ssdi


5 posts in this topic

Posted · Report post

Would like to ask for some help in understanding TDIU evaluations, please. If a vet does not meet the % requirements for TDIU, is it necessary to submit a request for a higher rating, also, or does the TDIU application presume that? Does the VA look at evidence for a higher rating before making any decisions for TDIU? I am aware that VA and SSA do not have to follow each other's decisions, but if the vet was awarded SSDI based solely on VA and military medical records, the vocational aspects, and the judge's decision that the vet is not able to obtain or maintain gainful employment according to their law, will that help with VA's decision, although the VA had only rated the vet @ 30% for mental disorder and 10% for physical disorder? The TDIU evaluation seems to be moving rather quickly considering the backlog as the vet has already been scheduled for two C&P's...one for psychiatric; other for physical reason. Another concern is that in the notice of receipt for TDIU claim, it seems like VA keeps hitting on the "unusual circumstances" necessary for an extra schedular TDIU...is that just protocol in their form letters, or is that something to worry about? What "unusual circumstances" do they look for? I looked but couldn't get any clear picture of what that entails. Thank you very much to anyone that may assist with these questions.

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Posted · Report post

My personal example might help.

Husband was 30% SC PTSD from 1983.

In 1992 he requested a higher rating for his PTSD and then a few months later he sent them a TDIU form.

In 1992 SSDI awarded sole for a NSC stroke (was SCed under 1151 this past January at 100%)

I asked SSDI to reconsider the award as his PTSD had not been considered by the SSA,although they had all of his PTSD records.

A few months later they changed his SSDI from a 1992 stroke solely to PTSD with a very favorable onset date of 1991.

I did a lot of work to support the reconsideration and the better EED.Both SSA and a SSA lawyer tried to discourage me but evidence is what it is.I had some very unusual evidence too. It was generated by an ADA EEOC complaint. My husband was the first disabled veteran in NY to win under those discrimination regulations.Also I used VA testimony from an EEOC case he had filed against the VA.

N one is confined to just 'medical' evidence on many issues they might have regarding SSA and the VA claims process.

This new SSA award info was sent to the VA to support Rod's claim for higher PTSD rating and the subsequent TDIU claim he filed.

But he died while his VA claims were pending ( including a 1151 claim too)and I re opened them as the widow of the veteran.

A few months prior to the 1151 DIC award, the VA awarded posthumously, retroactive 100% P & T for PTSD back to 1991,using the same date the SSDI reconsideration award had given him.

So, here was a vet at 30 % and DAV reps had told him he was not eligible for TDIU and certainly not 100%.

I read the TDIU form over carefully in 1993 and saw that it contained no specific SC percentage criteria at all.

Although 70 % SC triggers the VA to consider TDIU, there is no statement on the form saying a vet can't request TDIU regardless of their current SC.rating.

I think his death made the TDIU a moot issue and that is why the award was for 100% P & T and not TDIU P & T.

So your point is correct except for one thing:

"but if the vet was awarded SSDI based solely on VA and military medical records, the vocational aspects, and the judge's decision that the vet is not able to obtain or maintain gainful employment according to their law, will that help with VA's decision, although the VA had only rated the vet @ 30% for mental disorder and 10% for physical disorder? The TDIU evaluation seems to be moving rather quickly",

the SSA award must solely regard the exact same SC conditions claimed.Any NSC part of the SSDI determination can make the SSDI award very problematic and not the best evidence for TDIU.

Often SSA focuses the prime medical condition only. As in my husband's case, they considered his stroke as the prime problem he had.

However his SSA app specified his PTSD as well ,and by time of the VA decision on his claims, his med recs revealed it was catastrophic.

He too had Voc Rehab records and significant other VA medical documentation( and from other sources) to support the SSA and also the posthumous VA 100% PTSD award.

I think if he had lived the award would have been the same, but for TDIU P & T.

Then again his med evidence matched the 100% SC PTSD rating criteria.

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Posted · Report post

Thank you very much, Bertha. The vet only has sc conditions, so hopefully, the SSDI info. will help...

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Posted · Report post

Berta, when you say you asked SSA to reconsider their decision based on the PTSD award and then they gave a favorable onset date of 1991... were you still in the reconsideration phase, appeal phase, or had the final decsion already been given and you submitted your request after SSA had closed the case?

That would be nice to know that the SSA can change their decision after they issue an official decsion based on a good argrument and evidence.

And did your attornies submit the motion or did you write to SSA yourself?

Thanks

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Posted · Report post

Sorry I almost missed this question....

Rod had just been awarded SSA for a 1151 stroke.late 1992 or early 1993 . (EED to AUg 1992)

I called the SSA office up right away because the SSA award said nothing about his PTSD.

The SSA woman told me that they never considered his PTSD because the 1151 stroke was awarded. (EED Aug 1992)

"And did your attornies submit the motion or did you write to SSA yourself?" That was a LOL for me.

I wrote a Reconsideration Request to SSA myself for Rod to sign. It was right after he got the initial SSA award.I have no idea if they have a time frame for Reconsideration.It might be at their web site.

Both SSA tried to talk him and me out of filing this recon request and we went all the way to Elmira to have a SSA attorney turn us down for support for it. Adversity makes me push harder.

I had found at the Corning SSA office their regulations as to disability determinations. They allowed me to go through their law books and allowed me a few xerox copies. I found a regulation that stated that they(SSA) must consider every disability claimed. Rod had claimed both the stroke and also his PTSD. I sent a copy of their regulation in with the Recon request.

A few months after filing the SSA recon ,SSA called him up but Rod was at the VA day treatment and they told me he had won the request, a new award letter was prepared and his got an EED of Nov 1991.(last day he could work due to PTSD)

I called the SSA lawyer up and told him he just lost about $4500 bucks because he would not take the case ( 25 % fee of the additional retro about 18 thousand)

He was stunned and told me he would never pass up any PTSD SSA claim again. He apologized and we ended up talking about PTSD for about an hour.If an SSA lawyer doesn't understand one's disability, they wont take the case, or if they do, they would probably lose the case. Hopefully he learned something that day.

I had accumulated significant evidence (mostly all from the VA) as well as the proof that SSA had broken their own regs to file the reconsideration request. There was more to this then I could possibly type about here.....evidence resulting from numerous DOL complaints against his last employer, etc etc .....

This was pre internet as we know it, with no SSA web site. These days I am sure they would have info and deadlines on reconsideration requests.at the SSDI web site.

It was instrumental in me obtaining an accrued benefit for PTSD, due to Rod's pending PTSD claim for higher rating (he was 30%) when he died.

VA awarded posthumously 100% P & T for SC PTSD as of Nov 1991 (the same SSA retro date)

The recon request was awarded on 2 basis:

1. I proved SSA had broken their own disability regulations.

2. The medical evidence I submitted (most of whivh they already ad anyhow due to the initial award)was overwhelming and proved Rod was totally unemployable due to PTSD for almost a year prior to having the 1151 stroke.

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