ptsd Denied PTSD Rating increase, Denied TDIU. Feel like shit.

[Chicago ArmySGT]

I'll give you guys a little background. I'm an Army Vet. I served from '99-'03. My MOS was 51M, Firefighter. I was also trained and certified as an EMT and an EMT Intermediate., On my first active duty assignment I worked at the civilian fire dept on the base I was stationed, where I was on many traumatic incidents. Traffic Accidents with fatalities, Suicide attempts with some that were actually "successful", etc, etc. At my second duty assignment, I worked at the military fire dept. The only difference was that due to my EMS training, I was assigned to the Ambulance, where again, I treated many patients, suicides, traumatic accidents, etc, etc, again. I won't go into details. This isn't really the place for it. 

I've had many of the responses documented and re-affirmed by the fire chiefs I worked for, and in some cases had letters written and signed by other soldiers who served along side me on some of these incidents. I also have my service medical records that show that I was prescribed Paxil in my last year in the Army for Anxiety and Depression. 

When I first filed back in 2013 I got 30% off the bat, SCD for ptsd. I appealed and got 50% about six months after my initial rating. After gathering much more evidence, I submitted an appeal for an increase and TDIU. 

Today I checked ebenefits (like I do pretty much every day since I filed my appeal). It shows that I was not given an increase, nor was I granted TDIU, naturally. 

I'm upset. It's not just because I was denied, More of it's due to my Comp and pen. exam. While I have not gotten my denial letter yet, detailing the reasons why, I know some of it was due to the comp and pen. examiner. His report did nearly nothing to reflect what I had told him. How I'm suicidal nearly every day at some point, the overall depression and anxiety I experience, etc, etc. It feels totally dismissive in so many ways. Now, I know that that is their job, but theirs a few errors in the report that substantiate my claim of this. At one point he talks about a Dr. that was in charge when I was in "Day Hospital" (outpatient PTSD) treatment. He states that this doctor is the one prescribing my medicine, which I clearly stated otherwise. I'd have to look at the report, but I'm certain there were other discrepancies.

VFW is my service organization and I feel my VSO does a great job, but I now am looking for a lawyer to represent me here in Chicago.

 

If anyone can offer any advice or support, I'd appreciate it. 

 

Thank You for reading.

Edited January 31, 2017 by Chicago ArmySGT

[Buck52]

 Did you fill out the IU Form? Request IU be given ?  you have to request IU now days they sure won't give it to you.  Remember  it can't be used as an Increase.

When you you get the denial letter post it here cover your name and claim# personal info.

We need the reason & bases of what they decided  '' What We Decided''

you can Appeal this send in your NOD 21-0958

Also if you can't work because of this PTSD or keep a job ect,,ect,,...you need a Dr to state so  and it helps to get in Voc-Rehab...if the counselors can't help you find  marginal employment  they can write you a GOLD Letter Stating its not feasible to retrain this veteran b/c of his S.C. Disability.

I know how you feel  it happens to a lot of us...just keep the fight up, you can win this!

 

Edited January 31, 2017 by Buck52

[broncovet]

You did not mention this, but I assume this is a RO denial.  Dont feel like the lone ranger, Alex estimates 85 percent of first time claimants are denied.  Personally, I have had 14 different regional office decisions, and was only awarded benefits in 2 of those.  So, my percentage of denials is 86%.  (If you divide 12 by 14, you get 86% denial rate)  

You need to file a NOD disputing the denial.  Since you are service connected, you can focus on the disability percentages.  

You should consider posting the "reasons and bases" for denial, as its a good idea to try to refute the RO's reasons for denial in your NOD.  

[MPsgt]

3 hours ago, Chicago ArmySGT said:

I'll give you guys a little background. I'm an Army Vet. I served from '99-'03. My MOS was 51M, Firefighter. I was also trained and certified as an EMT and an EMT Intermediate. I was stationed in Fort Carson, CO, and Fort Wainwright, AK. At Fort Carson, I worked at the civilian fire dept, where I was on many traumatic incidents. Traffic Accidents with fatalities, Suicide attempts with some that were actually "successful", etc, etc. At Fort Wainwright, I worked at the military fire dept. The only difference was that due to my EMS training, I was assigned to the Ambulance, where again, I treated many patients, suicides, traumatic accidents, etc, etc, again. I won't go into details. This isn't really the place for it. 

I've had many of the responses documented and re-affirmed by the fire chiefs I worked for, and in some cases had letters written and signed by other soldiers who served along side me on some of these incidents. I also have my service medical records that show that I was prescribed Paxil in my last year in the Army for Anxiety and Depression. 

When I first filed back in 2013 I got 30% off the bat, SCD for ptsd. I appealed and got 50% about six months after my initial rating. After gathering much more evidence, I submitted an appeal for an increase and TDIU. 

Today I checked ebenefits (like I do pretty much every day since I filed my appeal). It shows that I was not given an increase, nor was I granted TDIU, naturally. 

I'm upset. It's not just because I was denied, More of it's due to my Comp and pen. exam. While I have not gotten my denial letter yet, detailing the reasons why, I know some of it was due to the comp and pen. examiner. His report did nearly nothing to reflect what I had told him. How I'm suicidal nearly every day at some point, the overall depression and anxiety I experience, etc, etc. It feels totally dismissive in so many ways. Now, I know that that is their job, but theirs a few errors in the report that substantiate my claim of this. At one point he talks about a Dr. that was in charge when I was in "Day Hospital" (outpatient PTSD) treatment. He states that this doctor is the one prescribing my medicine, which I clearly stated otherwise. I'd have to look at the report, but I'm certain there were other discrepancies.

VFW is my service organization and I feel my VSO does a great job, but I now am looking for a lawyer to represent me here in Chicago.

 

If anyone can offer any advice or support, I'd appreciate it. 

 

Thank You for reading.

Stay with the VFW and get IMO from your VA psychiatrist.  The psychiatrist needs to state you're more likely than not able to maintain gainful employment.  He/she can enter this statement straight into your VA medical records.  You can then copy this statement right off myhealhyvet.  If you're not still actively being treated for PTSD.  This could be a problem.  If your not working you should apply for SSDI too.  JM2C

[Buck52]

Be careful as to how you approach any VA Dr About a compensation claim, there instructed not to help in the claim process, so it could very well back-fire on you.  & (it could cost them their job)

Stay in VA Treatment/if you have good insurance  private treatment is ok too but the VA Treatment would be better  (in my opinion.)

It's best in my opinion to seek a private specialist Dr for the IMO/IME  in the medical field  that your claiming,and letting that Dr know how the VA likes things worded , you need to let the private Dr Know this  and  bring him/her  your past Medical Records/Medications list to read about what it is your claiming  and the Dr needs to use this 4 letter sentence'' is least likely as not''

     I have read Mr veterans medical records and examined him thoroughly & it is my opinion that '' It is least likely as not'' that this veterans injury/disease incurred while he was in the military.

Just be honest an up front with the Dr ask the Dr for his/her Impression &

GIVE A FULL RATIONAL REPORT TO INCLUDE HIS CREDENTIALS AND EXPERTISE.

Note: this is mostly for Service Connection... For PTSD they will rate you on your symptoms  as for as what your rating should be  and you can  look up your symptoms as to what you should be rated or to be given a fair rating.   

Here is the criteria for rating purposes.

General Rating Formula for Mental Disorders

   Rating

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. 100%

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships. 70%

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships. 50%

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events). 30%

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication. 10%

A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication.

Edited January 31, 2017 by Buck52

[Gastone]

Of course, there's the possibility that your VA Forensic C & P DBQ, didn't support a 70% Rating.

Could you post a redacted copy of your PTSD C & P DBQ, as well as Award?Denial letters?

As to your IU Claim, at 50% SC, your not Scheduler Eligible to file a straight IU Claim.

However, if your Evidence of Record supports your current IU, the Rater can forward your claim for an Extra-Scheduler Rating. Sounds like he didn't do that.

Would be very interesting to read the IU Denial Letter.

Give consideration to applying on E-Ben for Vocational Rehabilitation. If your VRC Councilor were to agree that your current SC precludes you from successfully completing the VR program, a Denial Letter would be a great piece of Evidence for your IU Appeal.

Semper Fi

[john999]

Get the IMO!  The IMO is the most important factor to you getting 100% or TDIU.  I had three doctors who helped me by writing IMO/IME's when I got P&T back in 2002.  They resided in Tampa Florida, but since then two have retired.  This is the problem with being an old timer.  I would not trust a VA doctor as far as I could throw the Empire State Building.   I had evidence fro Voc. Rehab.,  A Vet Center and I was already on SSDI for the SC condition.   I still believe the IMO's were what tilted me over the TDIU hump.  I had an ex-VA doctor write me an IMO.   The VA never gave me anything I did not have to fight tooth and nail to get.  No gifts from the heartless bastards.

 

                  John