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Sc Ptsd With Tdiu


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11 replies to this topic

#1 pipeman043

 
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Posted 22 September 2006 - 09:21 PM

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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#2 Cavman

 
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Posted 22 September 2006 - 09:53 PM

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

#3 pipeman043

 
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Posted 22 September 2006 - 10:43 PM

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!

#4 Vike17

 
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Posted 22 September 2006 - 10:48 PM

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

#5 Philip Rogers

 
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Posted 23 September 2006 - 11:36 AM

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.

#6 Berta

 
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Posted 25 September 2006 - 01:17 PM

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.

Edited by Berta, 25 September 2006 - 01:18 PM.


#7 pipeman043

 
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Posted 25 September 2006 - 02:01 PM

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

#8 Berta

 
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Posted 26 September 2006 - 10:57 AM

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.

#9 Pete53

 
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Posted 26 September 2006 - 12:58 PM

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

#10 Michelle

 
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Posted 26 September 2006 - 01:59 PM

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

#11 Philip Rogers

 
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Posted 26 September 2006 - 04:00 PM

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/O...3-20-di-01.html

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

Edited by Philip Rogers, 26 September 2006 - 04:06 PM.


#12 Philip Rogers

 
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Posted 27 September 2006 - 04:43 PM

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.

Edited by Philip Rogers, 27 September 2006 - 04:50 PM.





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