ptsd How Much Longer For Ptsd C&p Exam?

[IraqVet]

I origianlly put in my PTSD claim in back in 2004, and it has been denied twice, and finally was remanded by the board in D.C. On the remand they wanted to write the JSRRC to verify my stressors and I am glad they did because they verified all of them as well as my location etc, but also it said on the remand that I would be sceduled for a C&P exam. SO here is what I have for my PTSD evidence::

Two verified stressors by JSRRC and stressor letters from me on those events.

Signed letters from Soldiers I served side by side with that also witnessed stressors.

Three sererate diagnosis of PTSD with refrence to GAF scale latest one 45-50.

Pictures I took of my Hummve that was attacked while on patrol in Mosul.....as well as body parts/gore from IED.

Letter from my wife on how PTSD is effecting our life and her life with me.

Hospital Report of Suicide attempt.

So my two questions are I have been waiting since March for my C&P exam.....how long does it usually take to get one?

With a GAF scale of 45-50 what kind of PTSD rating should I expect?...I was told by my lawyer that with a 45-50 gaf I should expect a 70%.

[IraqVet]

IraqVet,

You should tell the truth.

What are the, " physical things that are not service connected that are keeping me from working".

Are you positive they have nothing to do with active duty, or could not be SC'd

as secondary to a SC'd condition?

carlie

I was injured by a drunk driver almost a year ago trying to help a guy I thought was having a heart attack, or seizure getting ready to go into oncomming traffic. He was drunk and ended up catching my shirt in the door and dragging me down the road as he sped away. As a result my Back,,,L-4,L-5, S-1. Disks are herniated and pressing on my spinal cord nerves, it effects my left leg as well and my ability to walk. This is the other resons I am not able to work now. I do not have a head injury due to my stessors though.

I have had to file for Social Security Disability under PTSD, Seizure disorder ie I have a peding va decision for it, Kidney stones that is service connected, and my back and leg injury due to the drunk driver injury. Thus far though I have not mentioned this drunk driver injury to the va yet.

[carlie]

I have had to file for Social Security Disability under PTSD, Seizure disorder ie I have a peding va decision for it, Kidney stones that is service connected, and my back and leg injury due to the drunk driver injury. Thus far though I have not mentioned this drunk driver injury to the va yet.

IraqVet,

Can you provide some details on possible SC of your seizure disorder.

(DC 8910/8011).

carlie

[IraqVet]

IraqVet,

Can you provide some details on possible SC of your seizure disorder.

(DC 8910/8011).

carlie

I had multiple eposides of passing out/suspected seizure disoder in the mulitary and in Iraq. However in the event of the military wanting to keep me in only did a heart workup on me. It is documanted in my military medical records only as "possible seizure disorder". After I got out of the military I continuted to have witnessed sizures and was diagnosed with seizure disorder, and am on meds for the rest of my life. I will prob have a tough time proving it as I only had the symptoms while in military, and the disgnosis after I got out.

Dave

My BlogThe Iraq War "Through the Eyes of a Soldier"

[carlie]

I had multiple eposides of passing out/suspected seizure disoder in the mulitary and in Iraq. It is documanted in my military medical records only as "possible seizure disorder". After I got out of the military I continuted to have witnessed sizures and was diagnosed with seizure disorder, and am on meds for the rest of my life. I will prob have a tough time proving it as I only had the symptoms while in military, and the disgnosis after I got out.

Dave

My BlogThe Iraq War "Through the Eyes of a Soldier"

IraqVet,

What do the doctor/s (hopefully a Neurologist) state the cause of your seizure's are ?

Here's plenty of info for you on Seizure's and SC.

carlie

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl

§ 4.121 Identification of epilepsy.

When there is doubt as to the true nature of epileptiform attacks, neurological observation in a hospital adequate to make such a study is necessary. To warrant a rating for epilepsy, the seizures must be witnessed or verified at some time by a physician. As to frequency, competent, consistent lay testimony emphasizing convulsive and immediate post-convulsive characteristics may be accepted. The frequency of seizures should be ascertained under the ordinary conditions of life (while not hospitalized).

§ 4.122 Psychomotor epilepsy.

The term psychomotor epilepsy refers to a condition that is characterized by seizures and not uncommonly by a chronic psychiatric disturbance as well.

(a)

Psychomotor seizures consist of episodic alterations in conscious control that may be associated with automatic states, generalized convulsions, random motor movements (chewing, lip smacking, fumbling), hallucinatory phenomena (involving taste, smell, sound, vision), perceptual illusions (deja vu, feelings of loneliness, strangeness, macropsia, micropsia, dreamy states), alterations in thinking (not open to reason), alterations in memory, abnormalities of mood or affect (fear, alarm, terror, anger, dread, well-being), and autonomic disturbances (sweating, pallor, flushing of the face, visceral phenomena such as nausea, vomiting, defecation, a rising feeling of warmth in the abdomen). Automatic states or automatisms are characterized by episodes of irrational, irrelevant, disjointed, unconventional, asocial, purposeless though seemingly coordinated and purposeful, confused or inappropriate activity of one to several minutes (or, infrequently, hours) duration with subsequent amnesia for the seizure.

Examples: A person of high social standing remained seated, muttered angrily, and rubbed the arms of his chair while the National Anthem was being played; an apparently normal person suddenly disrobed in public; a man traded an expensive automobile for an antiquated automobile in poor mechanical condition and after regaining conscious control, discovered that he had signed an agreement to pay an additional sum of money in the trade. The seizure manifestations of psychomotor epilepsy vary from patient to patient and in the same patient from seizure to seizure.

(b) A chronic mental disorder is not uncommon as an interseizure manifestation of psychomotor epilepsy and may include psychiatric disturbances extending from minimal anxiety to severe personality disorder (as distinguished from developmental) or almost complete personality disintegration (psychosis). The manifestations of a chronic mental disorder associated with psychomotor epilepsy, like those of the seizures, are protean in character.

http://ecfr.gpoaccess.gov/cgi/t/text/text-....67&idno=38

§ 4.124a Schedule of ratings—neurological conditions and convulsive disorders.

The Epilepsies

Rating

A thorough study of all material in §§4.121 and 4.122 of the preface and under the ratings for epilepsy is necessary prior to any rating action.

8910 Epilepsy, grand mal.

Rate under the general rating formula for major seizures.

8911 Epilepsy, petit mal.

Rate under the general rating formula for minor seizures.

Note (1): A major seizure is characterized by the generalized tonic-clonic convulsion with unconsciousness.

Note (2): A minor seizure consists of a brief interruption in consciousness or conscious control associated with staring or rhythmic blinking of the eyes or nodding of the head (“pure” petit mal), or sudden jerking movements of the arms, trunk, or head (myoclonic type) or sudden loss of postural control (akinetic type).

General Rating Formula for Major and Minor Epileptic Seizures:

Averaging at least 1 major seizure per month over the last year ... 100

Averaging at least 1 major seizure in 3 months over the last year; or more than 10 minor seizures weekly ... 80

Averaging at least 1 major seizure in 4 months over the last year; or 9–10 minor seizures per week ... 60

At least 1 major seizure in the last 6 months or 2 in the last year; or averaging at least 5 to 8 minor seizures weekly ... 40

At least 1 major seizure in the last 2 years; or at least 2 minor seizures in the last 6 months ... 20

A confirmed diagnosis of epilepsy with a history of seizures ... 10

Note (1): When continuous medication is shown necessary for the control of epilepsy, the minimum evaluation will be 10 percent. This rating will not be combined with any other rating for epilepsy.

Note (2):

In the presence of major and minor seizures, rate the predominating type.

Note (3):

There will be no distinction between diurnal and nocturnal major seizures.

8912 Epilepsy, Jacksonian and focal motor or sensory.

8913 Epilepsy, diencephalic.

Rate as minor seizures, except in the presence of major and minor seizures, rate the predominating type.

8914 Epilepsy, psychomotor.

Major seizures:

Psychomotor seizures will be rated as major seizures under the general rating formula when characterized by automatic states and/or generalized convulsions with unconsciousness.

Minor seizures:

Psychomotor seizures will be rated as minor seizures under the general rating formula when characterized by brief transient episodes of random motor movements, hallucinations, perceptual illusions, abnormalities of thinking, memory or mood, or autonomic disturbances.

Mental Disorders in Epilepsies:

A nonpsychotic organic brain syndrome will be rated separately under the appropriate diagnostic code (e.g., 9304 or 9326). In the absence of a diagnosis of non-psychotic organic psychiatric disturbance (psychotic, psychoneurotic or personality disorder) if diagnosed and shown to be secondary to or directly associated with epilepsy will be rated separately. The psychotic or psychroneurotic disorder will be rated under the appropriate diagnostic code. The personality disorder will be rated as a dementia (e.g., diagnostic code 9304 or 9326).

Epilepsy and Unemployability:

(1)

Rating specialists must bear in mind that the epileptic, although his or her seizures are controlled, may find employment and rehabilitation difficult of attainment due to employer reluctance to the hiring of the epileptic.

(2)

Where a case is encountered with a definite history of unemployment, full and complete development should be undertaken to ascertain whether the epilepsy is the determining factor in his or her inability to obtain employment.

(3)

The assent of the claimant should first be obtained for permission to conduct this economic and social survey. The purpose of this survey is to secure all the relevant facts and data necessary to permit of a true judgment as to the reason for his or her unemployment and should include information as to:

(a) Education;

(b) Occupations prior and subsequent to service;

© Places of employment and reasons for termination;

(d) Wages received;

(e) Number of seizures.

(4)

Upon completion of this survey and current examination, the case should have rating board consideration.

Where in the judgment of the rating board the veteran's unemployability is due to epilepsy and jurisdiction is not vested in that body by reason of schedular evaluations, the case should be submitted to the Director, Compensation and Pension Service.

(Authority: 38 U.S.C. 1155)

[29 FR 6718, May 22, 1964, as amended at 40 FR 42540, Sept. 15, 1975; 41 FR 11302, Mar. 18, 1976; 43 FR 45362, Oct. 2, 1978; 54 FR 4282, Jan. 30, 1989; 54 FR 49755, Dec. 1, 1989; 55 FR 154, Jan. 3, 1990; 56 FR 51653, Oct. 15, 1991; 57 FR 24364, June 9, 1992; 70 FR 75399, Dec. 20, 2005; 73 FR 54705, Sept. 23, 2008; 73 FR 69554, Nov. 19, 2008]

http://ecfr.gpoaccess.gov/cgi/t/text/text-...111&idno=38

§ 3.303 Principles relating to service connection.

(a) General.

Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions.

Each disabling condition shown by a veteran's service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence.

Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

(b) Chronicity and continuity.

With chronic disease shown as such in service (or within the presumptive period under §3.307) so as to permit a finding of service connection, subsequent manifestations of the same chronic disease at any later date, however remote, are service connected, unless clearly attributable to intercurrent causes.

This rule does not mean that any manifestation of joint pain, any abnormality of heart action or heart sounds, any urinary findings of casts, or any cough, in service will permit service connection of arthritis, disease of the heart, nephritis, or pulmonary disease, first shown as a clearcut clinical entity, at some later date.

For the showing of chronic disease in service there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time, as distinguished from merely isolated findings or a diagnosis including the word “Chronic.”

When the disease identity is established (leprosy, tuberculosis, multiple sclerosis, etc.), there is no requirement of evidentiary showing of continuity. Continuity of symptomatology is required only where the condition noted during service (or in the presumptive period) is not, in fact, shown to be chronic or where the diagnosis of chronicity may be legitimately questioned.

When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim.

(d) Postservice initial diagnosis of disease.

Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. Presumptive periods are not intended to limit service connection to diseases so diagnosed when the evidence warrants direct service connection. The presumptive provisions of the statute and Department of Veterans Affairs regulations implementing them are intended as liberalizations applicable when the evidence would not warrant service connection without their aid.

Here's a BVA example that implement's 38 CFR 3.303

http://www4.va.gov/vetapp07/files1/0704288.txt

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

Service connection may be granted if the evidence

demonstrates that a current disability resulted from an

injury or disease incurred or aggravated in active military

service. 38 U.S.C.A. § 1110, 1131; 38 C.F.R. § 3.303(a).

Service connection generally requires evidence of a current

disability with a relationship or connection to an injury or

disease or some other manifestation of the disability during

service. Boyer v. West, 210 F.3d 1351, 1353 (Fed. Cir.

2000).

A disorder may be service connected if the evidence of record

reveals that the veteran currently has a disorder that was

chronic in service or, if not chronic, that was seen in

service with continuity of symptomatology demonstrated

thereafter. 38 C.F.R. § 3.303(b); Savage v. Gober, 10 Vet.

App. 488, 494-97 (1997). Evidence that relates the current

disorder to service must be medical unless it relates to a

disorder that may be competently demonstrated by lay

observation. Savage, 10 Vet. App. at 495-97. For the

showing of chronic disease in service, there is required a

combination of manifestations sufficient to identify the

disease entity, and sufficient observation to establish

chronicity at the time, as distinguished from merely isolated

findings or a diagnosis including the word "chronic." 38

C.F.R. § 3.303(b).

Disorders diagnosed after discharge may still be service

connected if all the evidence, including pertinent service

records, establishes that the disorder was incurred in

service. 38 C.F.R. § 3.303(d).

Where the determinative issue involves medical causation or a

medical diagnosis, there must be competent medical evidence

to the effect that the claim is plausible;

lay assertions of

medical status do not constitute competent medical evidence.

Grottveit v. Brown, 5 Vet. App. 91, 93 (1993); Espiritu v.

Derwinski, 2 Vet. App. 492, 494 (1992).

When there is an

approximate balance of positive and negative evidence

regarding any issue material to the determination, the

benefit of the doubt is afforded the claimant. 38 U.S.C.A. §

5107(b).