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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

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    • 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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  • 0

Sc Ptsd With Tdiu

Question

Posted · Report post

Hi there,

I haven't been able to locate an answer to my question so

I'll ask it here....

I am currently recieving a Non SC pension from the VA.

I initially applied for SC but like everyone else have been denied.

The SOC stated among other things that the C&P examiner determined

that the Board certified VA staff Psychiatrist who had been treating me

for PTSD didn't know much and in one visit the C&P examiner decided that

despite all the other evidence to the contrary that I didn't meet the criterion

according to the DSM-IV. I did the NOD and was denied again. my appeal has

been sent to the BVA and I have asked for a travel board hearing so I expect

that the file will be remanded to the RO. I had applied for SSDI and SSI as well.

the RO didn't bother to get the records from SSA or even include the treatment

records from the Vet Center that has been dealing with my PTSD for the last

nine months.

Having provided that background material the question is...

Will the VA have to give TDIU for SC PTSD considering they already decided

that I am total and permanent for my other health issues, which I claim are secondary

due to the PTSD...( Cardiac, Past MI, COPD, GERD, ect.) thats why I get the NSC pension.

This is such a messed up affair, the RO has determined that all my stressors are

verified, and they have the documentation to prove everything I have told them.

The SSA decided that I am medically eligible for SSI but get too much money from

the VA. Since I have been unable to work for several years I no longer qualify for

SSDI due to lack of recent work quarters. I honestly believe what many others

have said in the past, that the VA tries to run you down till you lose the will to

fight or end up dead before you can win. I count my blessings that I am fortunate

to be getting something from the VA, although the price paid to be eligible is a bit

extreme.

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11 answers to this question

Posted · Report post

What was the reason for PTSD?

Was the Gerd hard to get and what kind of C & P did you have? Curious because I`m diagnosed SC for ptsd and I have Gerd/Barretts Esophagus.

Cavman

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Posted · Report post

Cavman,

Been to two C&P's one for the PTSD and the other for COPD

both were denied for SC. As to the other items, I have been

going to the VAMC since my Heart Attack so they already

had all my medical records in their own files. Plus they

got copies of the medical files from my outside cardiologist

that I made sure they mailed directly to the RO and to the

VAMC. The VA diagonosed the GERD themselves so it was

hard for the RO to deny it. I have had three stents put into

my heart arteries, each one due to restenosis and the VAMC

has those records as well. I have found that the best bet is

to be proactive and keep them supplied with a papertrail

Good Luck in your endeavor!

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Posted · Report post

Pipeman,

If there is any evidence that you sent the VA and it was not listed on any rating decision or Statement of the Case (SOC), then the VA must address those evidence in a Supplemental Statement of the Case (SSOC). The only way to have the BVA address those evidence instead of your RO is to waive the regionl offices jurisdiction in the matter. If yoiu don't waive the jurisdiction, then your claim will more than likely be remanded back to your RO so they can consider the evidence and grant the benefits sought or issue the SSOC.

You might want to get another evaluation from another shrink who confirms your first diagnoses of PTSD. I suspect with this evaluation and the evidence the VA did not address for what ever reason, it will sway the benefit of the doubt in your favor and the regional office will award service-connection for your PTSD and all secondary condition related to it.

Will the VA have to give TDIU for SC PTSD considering they already decided

that I am total and permanent for my other health issues, which I claim are secondary

due to the PTSD...( Cardiac, Past MI, COPD, GERD, ect.) thats why I get the NSC pension.

VA will award IU if the evidence show you are unable to work soley due to service-connected disabilities. Generally, the VA will not consider IU unless you submit VA form 21-8940. It also depends on what individual rating percentage is warranted for each disability. For example, if your PTSD alone warrants 100%, then IU becomes a moot point; however, you may then be eligible for SMC due to your other secondary condition. It just depends what the individual rating are.

I honestly believe what many others have said in the past, that the VA tries to run you down till you lose the will to fight or end up dead before you can win. I count my blessings that I am fortunate to be getting something from the VA, although the price paid to be eligible is a bit extreme.

If the VA was out to scew you in this situation, then they wouldn't have awarded you NSC pension, would they?

I suspect that once you obtain the second evaluation and resubmit the evidence that you said was never mentioned in thier rating decisions and SOC, you'll prevail in your claim. Maybe the evidence that wasn't discussed or taken into account never made it to where it should have been. This does happen and is unfortunate when it does, but it will all get worked out.

Vike 17

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Posted · Report post

Hi there,

I haven't been able to locate an answer to my question so

I'll ask it here....

I am currently recieving a Non SC pension from the VA.

I initially applied for SC but like everyone else have been denied.

The SOC stated among other things that the C&P examiner determined

that the Board certified VA staff Psychiatrist who had been treating me

for PTSD didn't know much and in one visit the C&P examiner decided that

despite all the other evidence to the contrary that I didn't meet the criterion

according to the DSM-IV. I did the NOD and was denied again. my appeal has

been sent to the BVA and I have asked for a travel board hearing so I expect

that the file will be remanded to the RO. I had applied for SSDI and SSI as well.

the RO didn't bother to get the records from SSA or even include the treatment

records from the Vet Center that has been dealing with my PTSD for the last

nine months.

Having provided that background material the question is...

Will the VA have to give TDIU for SC PTSD considering they already decided

that I am total and permanent for my other health issues, which I claim are secondary

due to the PTSD...( Cardiac, Past MI, COPD, GERD, ect.) thats why I get the NSC pension.

This is such a messed up affair, the RO has determined that all my stressors are

verified, and they have the documentation to prove everything I have told them.

The SSA decided that I am medically eligible for SSI but get too much money from

the VA. Since I have been unable to work for several years I no longer qualify for

SSDI due to lack of recent work quarters. I honestly believe what many others

have said in the past, that the VA tries to run you down till you lose the will to

fight or end up dead before you can win. I count my blessings that I am fortunate

to be getting something from the VA, although the price paid to be eligible is a bit

extreme.

My thoughts will only be on the SSDI issue - you need to appeal the denial. You want to get to the ALJ level. You may want an SSDI attorney to assist you. If you were not represented by an attorney and have been diagnosed w/PTSD you can appeal any tolling issue. You need to establish an earlier disability onset date that should be the day after the last day you worked and earned more then $8k-$9k. A friend just won his - he filed an SSDI claim around 2002 and the ALJ found him really screwed up and established his disability onset date of 12/1/97. The ALJ then thanked him for his service.

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Posted · Report post

Pipeman-

reading over all your posts I have two questions-

Have you been given a clear cut PTSD diagnosis?Or diagnosis of anxiety disorder?

Do you have proof of the stressor(s) inservice that caused the PTSD (or anxiety)?

If a vet has PH, CAR, CIB or anything denoting combat on their DD214 the VA concedes exposure to stressful events of warfare.

Others need proof of the nexus or link of their PTSD to a specific stressor event during their service.

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Posted · Report post

To clear up these two questions and one from the other thread...

first shrink I went to @ the VA said no doubt PTSD and wrote right

in the narrative that I was advised to apply for SC compensation.

Kept seeing him for several months. Suddenly he was gone and I

was assigned to a new staff shrink. He said he was unsure if it was

just PTSD or a depressive disorder NOS with anxiety components.

So they send me to see someone for a PTSD eval. That guy was

downright hostile to me and acted like I was taking up his valuable

time so I just shut up and left. They then schedule me for a C&P

but cancel it two weeks later and then call me on the phone with

a new appointment the following day but not at the VAMC but

rather at a vet center 60 miles away. I arrive 15 mins prior to

appointment set for 10:00 and wait. at 10:25 this gal rushes in

says she will be with me in a min or two, that she needs to grab her

coffee and messages. I am called in 8-10 mins later and she starts

peppering me with questions. We didn't hit it off right from the get go

and things went downhill fast. She said this isn't working and that the

interview was over. I was back on the road by 10:50. She wrote a

wicked nasty eval saying that I had a personality disorder, nothing

more. So I had applied for SSDI and SSA and they sent me for

testing. that guy says yes I have PTSD and that the MEDs they

have perscribed are masking some of the symptoms. Meanwhile

things in my life are not going so hot... Had an bad anxiety attack

and was refered to vet center(different one) so I send them a letter

telling them my situation. They have me come down and it's now

been over 9 months every other week I go plus still see the VA

shrink. Vet center sent report to the RO and to BVA about how

badly I was affected by the PTSD. RO ignored the report and certified

my appeal to BVA. After two months of no word, I email to ombudsman

and find out that my appeal was sent to the DAV even though my POA is with

the AL. So I raise a stink. that was in July. TODAY they said that

my appeal just returned from the AL and that it had a october 05 docket date

and that they were currently working on November 04 dockets but they had my

letter requesting a travel board hearing and didn't know how long it would

take for the remand but to be patient...

As to the stressor letter and all the various items that needed to be developed,

yes they all checked out and they have ample documentation, plus photos and

court hearing transcripts. they have no wiggle room in that regard, so in

the SOC it says that while all my stressors have been verified, there are

conflicting diagnoses and the question of equipoise does not enter the picture.

They didn't even look at the vet center reports or the SSA paperwork.

So as I see it I will simply have to wait it out till the board sees the evidence,

in maybe a year from now

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Did you get a VCAA letter with a highlighted or underlined statement as to what the VA says they want?

Did you make an election on the Form that says VCAA Notice and check off one of the boxes?

The VA is failing to send out these letters-it is in the new VBM- they cannot deny a potentially valid claim without the proper VCAA Notice and the statement that is specific to each claim-as this is a procedural error that can be prejudicial to the veteran.

I think my RO has two piles-those who get the proper notices and those who dont because it seems to me they are only working on claims with returned election notices-

If you put Remand into the BVA browser you will see how many remands are due to this violation-a basic DTA reg.

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For the life of me I do not understand why the VA makes it so rough for Veterans to get legitimate benefits.

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Hello Everyone:

Phillip I was reading your response about your friend. I am also SC with PTSD and I also have SC Chronic Peripheral Polyneuropathy (Nerve Damage in all extremities). I have a claim pending for T&P due to IU and in June 2006 applied for my Social Security Disability which is now at the Disability Adjudicator's office. I stopped working in Oct/05. I started receiving VA's disability compensation in 1999 but I was diagnosed right after I got out of the Military, in 1996 with Chronic Polyneuropathy and PTSD but like I said I didn't file a claim until 1999, I didn't know at that time to file a claim and thought it was to late. I am currently at a Combined Rating of 70% (VA's Math) but 60% for the Chronic Polyneuropathy and 30% for PTSD.

For the Social Security Disability though I knew I couldn't file back then cause I was still managing to work. I have a Disability Firm assisting me with my SSD because I just couldn't deal with them and VA at the same time. My Question is SSD won't go back any further I thought then the date of my claim?

Michelle

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Hello Everyone:

Phillip I was reading your response about your friend. I am also SC with PTSD and I also have SC Chronic Peripheral Polyneuropathy (Nerve Damage in all extremities). I have a claim pending for T&P due to IU and in June 2006 applied for my Social Security Disability which is now at the Disability Adjudicator's office. I stopped working in Oct/05. I started receiving VA's disability compensation in 1999 but I was diagnosed right after I got out of the Military, in 1996 with Chronic Polyneuropathy and PTSD but like I said I didn't file a claim until 1999, I didn't know at that time to file a claim and thought it was to late. I am currently at a Combined Rating of 70% (VA's Math) but 60% for the Chronic Polyneuropathy and 30% for PTSD.

For the Social Security Disability though I knew I couldn't file back then cause I was still managing to work. I have a Disability Firm assisting me with my SSD because I just couldn't deal with them and VA at the same time. My Question is SSD won't go back any further I thought then the date of my claim?

Michelle

Here's a link to what you are probably looking for: http://www.ssa.gov/OP_Home/rulings/di/01/SSR83-20-di-01.html

Here's the link to "social security acquiescence rulings" rulings: http://www.ssa.gov/OP_Home/rulings/rulings.html

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Hello Everyone:

Phillip I was reading your response about your friend. I am also SC with PTSD and I also have SC Chronic Peripheral Polyneuropathy (Nerve Damage in all extremities). I have a claim pending for T&P due to IU and in June 2006 applied for my Social Security Disability which is now at the Disability Adjudicator's office. I stopped working in Oct/05. I started receiving VA's disability compensation in 1999 but I was diagnosed right after I got out of the Military, in 1996 with Chronic Polyneuropathy and PTSD but like I said I didn't file a claim until 1999, I didn't know at that time to file a claim and thought it was to late. I am currently at a Combined Rating of 70% (VA's Math) but 60% for the Chronic Polyneuropathy and 30% for PTSD.

For the Social Security Disability though I knew I couldn't file back then cause I was still managing to work. I have a Disability Firm assisting me with my SSD because I just couldn't deal with them and VA at the same time. My Question is SSD won't go back any further I thought then the date of my claim?

Michelle

Michelle - SSDI can go back, without going thru an ALJ, 17 months prior to the date of you filing a claim. Five of those months are withheld but you can get a year of retro benefits paid to you. The date they find you disabled is very important. For many, they don't realize they can file until years later and SS response is often denial because of the 5yr cutoff. They lie just like the VA does when quoting 4.16a and not 4.16b.

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