ptsd Ptsd Effective Date And Iu

[cowgirl]

If sc, is there a case or rule to help me correct both ptsd and IU eed to first claim?

Thank you

Edited October 28, 2009 by cowgirl

[Wings]

You must be rated at least 70% with one of the disabilities rated at 40%.

This is the min. requirement, bottom line. PTSD'd or not, physical or not.

Their are no gray areas. This is what you need at bare to be considered. :D

Correction:

VA regulations provide that:

Total disability ratings for compensation may be assigned,

where the schedular rating is less than total, when the disabled

person is, in the judgment of the rating agency, unable to secure

or follow a substantially gainful occupation as a result of

service-connected disabilities: Provided That, if there is only one

such disability, this disability shall be ratable at 60 percent or

more . . . . 38 C.F.R. 4.16(a) (1994).

[Pete53]

The Secretary of the VA can approve a non Schedular rating at their discretion and its a good idea to ask for it.

Our beloved Alex Humpfrey once got such a rating for a Veteran Service Connected at 10 per cent cause he could not control his bowel movements.

[Wings]

The Secretary of the VA can approve a non Schedular rating at their discretion and its a good idea to ask for it.

Our beloved Alex Humpfrey once got such a rating for a Veteran Service Connected at 10 per cent cause he could not control his bowel movements.

Yes, of course, you are right Pete! Extra-schedular is available! HUGS!!! ~Wings

[Philip Rogers]

supportmyfellowvet - this post is incorrect. 38CFR4.16(b) states this. Please correct or delete this post. Thanks!

pr

You must be rated at least 70% with one of the disabilities rated at 40%.

This is the min. requirement, bottom line. PTSD'd or not, physical or not.

Their are no gray areas. This is what you need at bare to be considered. :D

[Berta]

I agree with Philip-

and need not bore anyone again with my husband's case that proves Philip's point as well as a NSC vet I helped get 100%SC in 3 months.

Both of these veterans had medical evidence of total disability and unemployability due to SC disability.

Actually I am Positive Philip got at least one vet from 10% -right to 100% a few years ago on the old hadit board.

[supportmyfellowvet]

Hi I've read the most recent update to 38CFR4.16(B).

The scope of the law is tight. When I say grey area I'm referring to section (:D. The VA will target you using this particular note,

"Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section".

If a Veteran does not meet the rating requirements he/she will need to have their case sent to the Director of Compensation and Pension. My point IS when this occurs your SSI statements, tax returns, employment records etc. will be scrutinized. WITH that in mind, if we do not met the 70% required rating per sec (a), the VA will not grant IU. Most people trying to gain IU that do not fall under section (a) cannot show no work for more than 2-5 years, they have PTSD or some similar mental disorder but do not have a serious lack of employment. And that's just 1-2 factors, the Director of C&P uses other tests that the public is not privy to.

I DISAGREE WITH THEIR METHODS, their are some Vets who cannot work due to PTSD, however, the Veterans Affairs made it such a steep climb that no reasonable mentally disabled person could climb. BUT, Although I disagree and wish to give HOPE to my fellow Vets, I know first hand that this short cut to IU is not worth the time. They want us to prove & document our disabilities and if you meet sec (a) then I.U. is a MOOT POINT.

"(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability"

Although I disagree with the VA's methods, some things are what they are. I didn't want you barking up the wrong tree.