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

[broncovet]

Gastone is correct.  Your symptoms may not support a higher rating.  Compare the symptoms which you have documented with these, and see for yourself:

 

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.	0

[broncovet]

To get service connection for TDIU, you are going to need a nexus similar to:

The VEteran's (service connected condition(s) such as PTSD and whatever else you have SC)

are at least as likely as not  the cause of the  Veteran inability  to maintian substantial gainful employment. 

If you dont have a similar statement in your file, its unlikely you will get TDIU.  

Many people are unemployed..for many reasons.  It could be the company did a reduction in force.  YOu have to show you are unemployable, due to sc conditions, not just unemployed.  

[killemall]

Look at the bright side. You got 30 and then 50% quickly

 

I was at 0% for 5 years and clawed my way up to 70% over the next 10 years.