PTSD Question in regards to IU

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VACharvel
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PTSD Question in regards to IU

Postby VACharvel » Tue Mar 03, 2009 7:16 pm

I just returned from a visit to the VA Hospital in Johnson City TN for a follow-up for my PTSD diagnosis.

Upon talking to the Dr who is the head of the Dept, I am referenced in the medical chart as "severe" for PTSD and she also put that I am unemployable due to this condition. Subsequently, I am also legally disabled by Social Security and can no longer work in any capacity anyway.

So, will this one condition and determination of unemployable mean that I will or can receive 100% IU under the VA Schedule(s)??

I am so confused....my first rating came back as 20% SC and I have since appealed this...and to date do not have a decision on the appeal from the Roanoke RO.

I have a lawyer who is trying to help, but I don't know what else to do.

Help please??
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Glenn
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Postby Glenn » Fri Jul 17, 2009 3:52 pm

Without vaporizing you with Chapter 38, C.F.R. extract, lets just say the bar for IU is 60%.

Now, I have a few questions about your claim. Actually more then a few.

Are you a resident of TN or VA? Im confused between Johnson City and Roanoke references.

Do you file for travel pay every time you go to the VA? If no, you should. If you dont know how, just ask and I will clarify.

Biggest question, you say a doctor defined your PTSD as "severe". Is this a VA doctor? If yes, do you have a peice of paper that says "severe PTSD" on it?

Having SSDI (like I do) or SSI is always a feather in your cap. It works to your advantage. I waited till I was 100% VA, then went after SSDI and got it in record time. You should consider doing the same with SS vs. VA.

It is VERY common for a decision to come back "sub-rated", or, lower then it SHOULD be. If only 10% of the veterans decide 20% is enough and walk away, the VA wins. ALWAYS APPEAL! ALWAYS ALWAYS ALWAYS! Even if the VA gives you everything you want, appeal anyway. Find something, SMC, ILP, whatever.

Lastly, your lawyer sounds like a complete dud. Lets hope hes going pro bono with you and his nickname isnt "Boomer". If the evidence you outlined here is any indication, you should be 100% T&P, not 20%.

Hope this helps, and feel free to give me a ring at (406) 322-3041 if you start getting overwhelmed. Hang in there!

perfumeriver
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Postby perfumeriver » Sun Nov 01, 2009 10:13 am

Join a service organization such a DAV, VFW, American Legion, Amvets, etc. They have people whose only job is to help you and to answer all your questions.

In fact, you don't even have to join or be a member.

You have to appeal all initial decisions by the VA. As stated above.

You need a good private medical doctor physchiatrist working for you. If you have no funds for this, then the VA doctors are fine.

Get copies of all records even medical records.

But do yourself a favor, join a service organization. They are there to help you.


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