ptsd Iu When 2 Appy ?what Is Needed?

[rikkor]

I have been unemployed for over 20+ yrs. after becoming SC disabled currently @ 60 %.

Reason being, have had numerous MH problems, Chronic pain,depression, anixity, flashbks, insomnia, besides constant medication and substance abuse problems, secondary to SC injury.(traumatic Laceration of achilles tendon and nerves) when struck/attacked with a power- lawnmower from behind by another unknown active duty soldier, while in AIT. I spent almost 16 months in an army hosp. due to said injury, and subsequently was ret.(med. RET) @ the age of 19. I could'nt file for SS. or actually denied , as i did'nt have enough work credits.

I continue to have the same problems if not worst, and have been denied SC for PTSD even tho I feel it is presumtuous that PTSD would occur from any like injury, ie. traumatic and serious( darn near severerd my leg off)I filed for IU in 2006 considering I have been unemployed all my life and was denied. any suggestions would be considered. thanks

[Philip Rogers]

There are also some instructions, in m-21 or wherever, for the adjudicator stating something to the effect that if the claimant doesn't request an extra-schedular rating, the rater should not refer the issue to the VACO. I had a vet who was unable to work and the VA kept denying him stating that 50% was the max rating for his condition. They did this for 15 yrs. We called a CUE and requested extra-schedular consideration and won. They gave him 3.5 yrs retro but he wouldn't appeal, for the additional 12.5 yrs, for fear of losing his now comfortable award. Too bad but nothing I could do. If we hadn't brought up the extra-schedular issue he'd still be at 50%, even tho he'd had Congressional help twice.

pr

OK, still no problem, it clearly states that you don't need the 60% or the 70% and it is supposed to be the raters responsibility to ask for the extra-schedular consideration but we all know that this does not happen and if it does it is very rare. Let's keep in mind that the veteran has already applied for and denied PTSD and IU. Rikkor, What was the reasons for the decision in your denial letters from your denied IU and your denied PTDS claims? This may help us understand better.

Edited June 28, 2009 by Philip Rogers

[john999]

I filed for IU when I was 30% SC. I could not work and I had been accepted for SSD. Both my private psychiatrist and psychologist said I could not work due to SC disability. The VA hemmed and hawed and came up with a "new" 70% rating. After another battle I got IU. Like most have been saying "If you can't work due soley to SC condition then you are entitled to IU". I was told that an inferred claim for IU required a 70% rating. This is nonsense. Anything in your VA record that indicates you can't work due to SC condition should trigger an IU claim.

[rikkor]

I have a post here available under search called Stressors defined (I think that is what I called it)

The VA defines a PTSD stressor in some specific ways.

They can deny a PTSD claim if the stressor does not seem to comply with their definition of what a stressor is.

If a doctor has diagnosed you with PTSD due to this inservice event however- the VA should have given weight to that medical diagnosis.

I might have missed something- do you have a current diagnosis of PTSD?

hi berta and ty for ur input.

I have recently had to go in VAMC for emergency. IE depression, anixity, flashbks . insomnia, pain., suicidal ideations,

Phsyc. made refrences to PTSD, Also started me on PTSD meds. have not viewed med notes , ETC.

But in process of doing so, Im almost 100% sure She made a diagnoses of PTSD.

Im following up on monthly appts for same. IE therapist. behavioral clinic. Pain clinic

I believe these problems are def a nexus of my original injury and should be SC'ed as secondary

I also believe the combinations of symtoms have contributed to my not being able to work or function, in any normal setting and are presumtuous of the initial trauma from My SC injury and disabilities but I am not exactly clear on the IU issues.

I appreciate all your points and different views, as to how to proceed.

Wondering @ this point if I should get a specialized private attorney to represent me, as it is all so consuming, and believe it or not, a trigger just recalling and dealing with the VA etc.

I will go on monday and get my RET. ID card @ the US CG so maybe i can see a private Dr. using tri care.. god bless u all and thks again

[sharon]

Sharon, please don't continue to spread the myth that "You must be 60% for one condition or 70% with at least one condition at 40% to qualify for IU." The reason I say that is, even though it'll be an extra-schedular rating, it'll still be IU and doesn't require the requisite 60% or 70%. The VA continually perpetuates this myth and by doing so discourages qualified veterans from applying for and receiving their just award.

pr

I do belief that is what I stated. :( I would never discourage a veteran from filing any claim. Whereas I miss typed and it should have been can. I always tell the veteran that they can file for extra schedular. Try to give the best advise I can to the veteran. We are all in this together.

Edited June 29, 2009 by sharon

[airborne18]

airborne18, you'll notice that it's a VA site posting that info. It wouldn't be the first time the VA mislead veterans, would it! A Vet Center would at least do an assessment, probably give a diagnosis and do a referral if they couldn't treat. Besides, it would be discriminatory, especially when they are also treating MST victims, in addition to theater personnel.

pr

AATW

Thanks Philip, You can be my service officer any day.. Actually do have something I am going to email you about.. AATW, Marc

[rikkor]

OK, still no problem, it clearly states that you don't need the 60% or the 70% and it is supposed to be the raters responsibility to ask for the extra-schedular consideration but we all know that this does not happen and if it does it is very rare. Let's keep in mind that the veteran has already applied for and denied PTSD and IU. Rikkor, What was the reasons for the decision in your denial letters from your denied IU and your denied PTDS claims? This may help us understand better.

from decision/award reason for denial of IU

Eval of residuals ankle laceration of achilles tendon which was currently eval'ed@ 40%

disabling, is decreased to 30% eff. 03/2006 ( will follow-up with reasons for decisions next part)

we determined the following SC conditions haven't chged.

residuals of neurological involvement of right ankle,,,@20%

Donoer skin graft site,left lower leg,,,10%

NEW as of 04/17 2006

Straightening of the spine, discogenic diease @L5-S1 osteopenia, mild degenarative joint

diease, L5-S1, L2-L3 heniated disc and L4-L5 bulging disc with mild degenarative joint diease and secondary clinical left lumbar radiculopathy 10%

we determined that the following conditions were not related to your milatary service, (sry BullSxxt)

PTSD, Depressive disorder, bacterial infections of the bones.

We denied entitlement to (100/% rate becuz it wasn;t shown that you were unable to work as a result of your SC disabilities)?????