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    • Obviously, the VRE officer is going to ask, "How come you are 100% P and T, and want to go to college to persue a career?"   With VA, SGE is defined as the poverty level earnings in a 12 month period.  So, technically until you earn about $12,000 you do not meet the SGE criteria.  VA regs discuss SGE in a fair amount of detail, stating that "marginal" employment does not disqualify a Veteran from TDIU.  "Marginal" employment is employment that does not generate at least 12,000 per year.   They even have a special exception if you are in a type of family business.  In other words, if you had PTSD, but your family owned a business and allowed you to stay on the payroll to go to doc appointments and the like where a "non family" employer may not be willing to put up with it.   You dont have a lot to lose:  If you persue your career goals, the VA should not take away your benefits until you have been working for a full year, and achieved SGE, and, even then, it would take some time to make such a reduction happen:  They have to give 60 days notice, and, we all know the VA does not move very fast.  It could well be 2 or more years before they do a reduction proposal, especially since you are not TDIU and do not have to report income each year, like TDIU recipients do.  
    • Let me make a correction.  I was trying to say p&t instead of tdiu.  My husband is like the rest of you guys that went to nam.  Enlisted 5 days after graduating has.  17 yrs old.  He did a total of 20 yrs between navy and Coast Gaurd.  Then he did18 yrs in law enforcement.  I think he worked enough. Couple of other jobs in between.  
    • I think you should go to the VASRD: http://www.ecfr.gov/cgi-bin/text-idx?SID=e01889934e16ee0751373657d3b13a6e&mc=true&tpl=/ecfrbrowse/Title38/38cfr4_main_02.tpl And check the rating criteria that compares to your specific diagnostic code,just in case you need it. But I do see what you mean as to the 100% and the doctor stated this disability has rendered you unable to work. I just hope the VA does not confuse the 100% statement with the >3-5 METs part. Hopefully this will go well for you and the doc made the proper nexus statement.
    • It should be, I had a surgery that went wrong in post surgical room I almost died. Maybe they had to ask a psych expert? 
    • I just googled active psychosis/GW and many things popped up ,some from vets wondering too what that meant such as: http://vets.yuku.com/topic/139576#.V5p4PmgrJhE  

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annahonda

Nexus Statement For Ptsd - Triggers

13 posts in this topic

Hi everyone,

First of all I want to thank you for all the information I get from this site. My question is about the needed nexus statement for a PTSD claim. I recently had a C and P exam and the closest thing to a Nexus was the last paragraph.

RECOMMENDATIONS:

"After reading the C-Folder , the electronic medical records and the medical literature it is reasonable to conclude that the veterans allegations of manifesting PTSD as a result of sexual abuse(victim) are considered credible and the PTSD in question is fully linked to the service. The conclusions of these reports are based purely on the veterans allegations. This examiner does not have independent verifiable information as the veteran never reported the incident."

I have read through the forum that a nexus must read 'as likely as not" or "more than likely". Does this mean that I will still need to get a Nexus statement from another source?

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Warning Possible ......TRIGGERS....

One other thing that I noticed when I reread the entire C and P Exam was this paragraph:

"The veteran stated doing well until about 1985 when she was stationed in Germany, specifically at Stuttgart and another serviceman that she does not know the name of she can only describe him as a AA/NA male who, more than likely than not, was at the rank of E-5 -raped her "

My question is the more than likely than not the fact that his rank was E-5, or the fact of the rape..? Which is more likely than not?

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Warning Possible ......TRIGGERS....

One other thing that I noticed when I reread the entire C and P Exam was this paragraph:

"The veteran stated doing well until about 1985 when she was stationed in Germany, specifically at Stuttgart and another serviceman that she does not know the name of she can only describe him as a AA/NA male who, more than likely than not, was at the rank of E-5 -raped her "

My question is the more than likely than not the fact that his rank was E-5, or the fact of the rape..? Which is more likely than not?

annahonda,

Welcome to Hadit.com .

The "more likely than not" will need to be viewed by the decision maker

as relating to the rape (MST) and not the rank of the perpetrator, in order

to help grant SC.

In regards to,

"

RECOMMENDATIONS:

"After reading the C-Folder , the electronic medical records and the medical literature it is reasonable to conclude that the veterans allegations of

manifesting PTSD as a result of sexual abuse(victim) are considered credible and the PTSD in question is fully linked to the service."

THIS PART ABOVE IS GOOD FOR YOUR CLAIM TO SC PTSD

BUT - then the examiner mucks it up with the part below,

"The conclusions of these reports are based purely on the veterans allegations.

This examiner does not have independent verifiable information as the veteran never reported the incident."

Does anything in your C-Folder, the electronic medical records or the medical literature, of record

support that the event occurred ?

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I did submit alternative evidence on form 21-0781a.

Some of the things included medical reports four months ofter the incident showing suicidal ideations, and depression.

My security clearance was suspended do to work performance.

I have a statement from a roommate in the barracks who I told about the incident, she provided a statement and I have family statements noting changes they saw after the incident.

But I was seen for depression several times during the Army.

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Another thought, If the VA conceded my stressor, could this statement be classified as a "Nexus" ?

"PTSD in question is fully linked to the service"

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That would certainly be a favorable nexus statement from the doctor. However it doesn't end with that.

This is a recent remand for a MST claim and the BVA refers to

VBA Fast letter No. 10-25 (July 15, 2010) in the remand. That fast letter should be here under our Fast Letter topic-if not I will find link and post it.It involves how the VA is supposed to handle MST claims.

As you can see the claim diagnosis was re -charaterized in this recent decision:

The diagnosis in this case doesn't matter as much as the evidence.

http://www4.va.gov/vetapp10/files3/1028680.txt

Do you have copies of your SMRs and your 201 file?

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