tdiu

[gkseid]

Hi ,fellow veterans I need some advice on weather to file tdiu and maybe they will rate me 100 % schedular.I presently am rated combined 70%(50 ptsd,30 hearing loss,10 tinnanis) my ptsd also is with panic disorder w/agrophobia, depression NOS. I've been under mhc since 4-03 and didn't file for tdiu even though i met the criteria ,because i throught i might have gotten better with help,but i'am not. my son and i had our own bussiness ,but i couldn' t work with the public any more .it's been 7 yrs since i had to quit working and ss has granted me disabilty(2001) what do you think my chances are for total. THANKS

[TinCanMan]

No one can predict with any degree of certainty, the outcome of any claim. You are certainly within range for consideration of an IU award. You will need a doctor's opinion that you are unable to work due to your service connected conditions. That opinion can come from your doctor or a C&P examiner. Your SSDI decision may or may not be important. The VA and SSA make their decisions based on different requirements. The VA must know your unemployability is based exclusively on service connected issues. The SSA doesn't care what caused you to be unemployable. If SSA made its decision based on SC issues exclusively, then it could be helpful. If other conditions influenced their decision, maybe not.

If you think a doctor will be able to say you are not able to work at anything due to your SC conditions, then file. You'll never know otherwise.

[gkseid]

TinCan Man,
Thanks for your response my last three va appointments in MHC I told the doctor that I was thinking about filing tdiu and she put in her reports in capital letters that i was unemployable do to PTSD what is your opinion on my chances with these reports i do have copies.

[TinCanMan]

If her exact phrase is "unemployable do to PTSD", it should be a slam dunk as she is saying she is 100% certain you are unemployable due to PTSD exclusively. This, however contradicts your 50% PTSD rating. If this were absolutely so, you should be 100% for PTSD because it is only the 100% rating that includes the absolute loss of industrial ability. Something is wrong here and I suspect a C&P will turn it out or you will be declared 100% disabled schedular. No need for IU. How long has it been since you received your 50% rating for PTSD?

[gkseid]

Ti nCanMan,
I Got my rating of 50% for PTSD in 4-2003 (gkseid)

[TinCanMan]

Was wondering how much impact time might have played on your 50% PTSD. I guess over 4 years that 50% might have worsened which could account for the discrepency between the original rating and what your physician is seeing now.

Hard to predict what the outcome might be. The only way to know is to try it and find out.

[gkseid]

TinCanMan,
One more question ,if I have a C&P examine can i get a copy of it ,and will a copy be at local va center or just at state ro office. THANKS

[TinCanMan]

Sure you can. Where/how you apply depends on where the exam took place. If the exam took place at a VA Medical Center, you could go to their "Release of Information" office and ask for it about 3 days after the exam. OTOH, if the exam was conducted by a contract physician such as with QTC, you'll have to wait about 3 weeks and ask for it at the VA Regional Office.

In any event, these exam results always end up in your c-file at the VARO because it is the decision maker at the VARO that requests the exam for his benefit to help in making the decision.

[debbieru]

Question: My husband SC 60% currently (50%PTSD 10% DMII) awarded SSD . January 2008 applied for Unemployability. March went for a C&P for PTSD DR gave very poor future and 40 GAF. Do you think the VA will give him 100% P&T or unemployability? Also C&P was Sent to regional March 25, approx how long before you think He'll hear from them with a decision

[debbieru]

yes, some VA's will print it out next day, other VA's you have to give them a few weeks, to put it in the system and then they'll print a copy out for you. You can ask your VA if it's available for printing

[TinCanMan]

Debbie:

I couldn't begin to predict a rating without seeing his claim file and the exam results. The GAF alone isn't a useful indicator as it only represents a snapshot in time. Two hours later it could easily be 60 or 70. The decision makers mostly rely on the examiner's narrative to make a decision.

Unless he is increased for PTSD, there is no chance of an award for unemployability as the minimum regulatory requirement is a single issue of 60% or a single issue of 40% with a combined total of 70%. At the moment, your husband doesn't meet the requirements for UI.

"How long does it take?" No one really knows the answer to that question. It takes what it takes and is dependant on many things. Fortunately this claim is just an upgrade and that will depend on the doctors exam but the RO's at the moment are overwhelmed with initial OIF/OEF claims and they have first priority.