PTSD--Personal Assault Award Chances?

[CoastieAirman96]

Can anyone share with me, what challenges that lie ahead  or my chances of being awarded 100% Total SC or even TDIU as I finalize my (intent to file) claim for PTSD-Due to Personal Assault in-service (2000) & TDIU ? In 2008 I was granted service connection for TBI with residuals (insomnia, memory & concentration deficits, migraines etc.) and rated at 10%, and 0% for depression from being assaulted, however after appealing that original award, my TBI with residuals was upgraded to 70% based on my private MH recs, QTC evals & the October 2008 law regarding traumatic brain injuries but also by service connection for depression was increased to 30% and is secondary to the head trauma? Ever since the personal assault in 2000 occurred, my personal, social and financial life has been hell and there's just too much intense dialogue thanks to my history of PTSD and other comorbid conditions that I suffer from. However, please feel free to ask me anything specific and I will try to provide as much detail if needed thank you all. 

 

[Navy04]

Sorry to hear of your hard times bud. But really too hard to figure out anything. All that we could do at this time is Guess without official document from the VA. Once you apply for IU and post your C&P exam results on here then we can help you a little more accurately. Again sorry to hear of your issues, and wish you the best. Keep us posted, and God Bless

[CoastieAirman96]

Hey Thanks Navy04. I guess im just askin from anyone who has filed for ptsd due to personal assault, how challenging was it to prove for them & since my tbi & depression was a result of the personal assault as well, if ptsd will be harder to win. Either way, im going for tdui and the ptsd--pa. Thx again

[Berta]

"how challenging was it to prove for them & since my tbi & depression was a result of the personal assault as well, if ptsd will be harder to win. "

If the depression is SC due to the TBI, the VA will only SC one MH issue.

If the TBI and/or any other SC conditions prevent you from gaining,and retaining substantial

employment,and you are unemployed now, the TDIU claim could succeed.

When they awarded the 80% what did they state as to potential TDIU consideration...or were you employed when they awarded the 80%.

Do you receive SSDI solely for the SCs? If so make sure VA knows that, as SSDI is, in essence, an IMO regarding employability.

Has VA Voc Rehab ever turned you down for Voc Rehab solely due to your SCs?

Documentation of that also is excellent evidence of unemployability.

 

[CoastieAirman96]

Hi Berta! I'm thankful for your input and insight. In response to some of your questions regarding my current award, disability & ratings:

"If the depression is SC due to the TBI, the VA will only SC one MH issue."

I understand your point  but my TBI w/ residuals is my Primary injury/disability (70%) with Depression being Secondary to the TBI (30%) however, from my reading & understanding of the Sec of VA addressing of PTSD-Secondary to Personal Assault claims and reading related CFR regs/statues, I took it as PTSD--PA or even PTSD in general can or will be evaluated separately due to some PTSD & Depression symptomology can overlap while being distinct yet possessing differences based on DSM V standards, so knowing that my TBI was found to be caused by the assault & my depression a condition resulting from the TBI w/ res, then the PTSD I have suffered would be a result of the personal assault wouldn't that not be accurate?

"If the TBI and/or any other SC conditions prevent you from gaining, and retaining substantial

employment,and you are unemployed now, the TDIU claim could succeed."

Yes my conditions have prevented this and I've been unemployed since Dec 2014. I have all my employment history, reasons for leaving, work type etc. for the claim. Before being awarded in June 2010, I left my job due to my SC conditions interfering with my inability to continue to work.

I have not been awarded SSDI, my current SC conditions & age (39) and the fact that I went to college in hopes of getting a substantial job and keeping it but it never panned out. And Voc Rehab accepted me but again I struggled with securing/retaining gainful employment.

Thanks!