retired on 9/2014. 70% PTSD TDRL. Received my approval for SSDI the same month and year and have been receiving it ever since. May 2015 was scheduled for a C&P for a "PTSD increase." On July 2015 applied for TDIU and submitted a copy of my award letter from SS. september 2015 got a call telling me that my 70% DOD PTSD rating would become permanent and no longer in the TDRL. I thought the approval FOR TDIU would be a shoe in, but I am probably misunderstanding a step in the process here. As I wait for the TDIU, today I got a call from VA trying to schedule me for another C&P exam for PTSD increase. Why so many exams? Will the result of this exam be used to adjudicate the TDIU? BY THE WAY, when I submitted my TDIU claim ebenefits reflected as PTSD increase/ unemployability. Any thought?
TDIU and SSDI and C&p
- Thread starter chapo
- Start date
Hmm, trying to obtain a better comprehension of your inquiry...
In September 2015, were you placed onto the DoD military PDRL with an official DoD 70% rating?
Did you submit a DoVA disability claim for a "PTSD increase" which prompted the May 2015 scheduling of DoVA C&P Examination?
If so, did you complete the DoVA C&P Examination for a "PTSD increase" in May 2015? If not, when?Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
Yeah. I was placed on pdrl on 9-15. The May 2015 was the PTSD re-eval to determine in I would stay in TDRL or move to PDRL. on July 2015 I applied for TDIU and I'm still waiting for response and have been scheduled since for another C&P
Okay; appreciate the additional explanation and thanks!
IAW 38 CFR §4.15 Total disability ratings, it states that "total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; Provided, That permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person..."
IAW 38 CFR §4.16 Total disability ratings for compensation based on unemployability of the individual, it states that "Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more..."
As such, indeed, I concur with @gsfowler's sound insightful feedback albeit I would tend to say that a DoVA 100% Schedular rating for PTSD would yield a total disability without permanence IAW 38 CFR §4.15 (e.g., it's not a DoVA 100% P&T rating); therefore, requiring the scheduling for future medical examinations by the DoVA VBA.
To that extent, it would seem that the DoVA Rating Agency wants to evaluate your symptomology eligibility in reference to a total disability rating for PTSD initially. If awarded then an evaluation for DoVA TDIU won't be warranted at that particular point in time; entitlement to either a 100% Schedular rating or 100% P&T rating (as based upon all symptomology) would be granted.
Hence, if the associated DoVA C&P Examination for "PTSD increase" doesn't meet the criteria in 38 CFR VASRD §4.130 Schedule of ratings—Mental disorders (General Rating Formula for Mental Disorders) for total occupational and social impairment, then it would seem that an evaluation IAW 38 CFR §4.16 would be the next logical step in the DoVA Rating Agency's adjudication of your VA disability claim..."the rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue." Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
Indeed, you are welcome; take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!