ptsd Dro Review

[devildog2061]

Does anyone know the average wait time to get to a DRO Review appeal ? I requested one in November of 2008, after being denied for PTSD. The C&P examiner did not

diagnose me with PTSD, but stated I have alcohol induced depression. Even after I had been diagnosed with PTSD by VA, and an outside Psychologist. I even completed

the 8 week in-patient PTSD program in Biloxi, MI - and the Psychologist who ran the program wrote a statement explaining my stressors and symptoms. All was submitted in my claim as evidence. I feel, because at the initial C&P I presented the medical report from the outside Psychologist - just to make sure it was in my records, that I was given

that diagnosis. Her whole attitude toward me changed. After receiving the denial, I hired a lawyer and he submitted the NOD. Recently, In May of 2010 -The Review Officer requested I have another C&P. This time I received a diagnosis of PTSD and major depressive disorder. GAF 66/62, which I don't agree with because I haven't worked since

2006, and have been awarded SSD because of PTSD and Depression. I did file for unemployability, but was also denied. I think because I haven't been service connected

for PTSD, Depression yet... Anyway I feel the Reviewing Officer has had more than enough time to make a decision, and he's just sitting on my claim... Any thoughts anyone ? Thanks....

[Berta]

"I was denied for unemployability while going through the appeal, ( I Think ) - because I wasn't actually service connected yet, and My lawyer

requested it, but didn't submit the proper form for unemployability.

With a total rating of 80% the VA should have considered you for TDIU.Didnt they refer to it at all in the decision?

Did the VA itself send you the 21-8940 form?

"Well, now that I'm now service connected (PTSD) and we have now submitted the proper form - what are my chances of winning this claim ? Any thought, anyone ?

Thanks.... "

any thoughts????? If you do receive TDIU you might have a legal case of action in a state court against this lawyer.

If he is a veteran's lawyer and didn't know what the right form was for TDIU, this could have cost you TDIU retro as they pay back to the filing date of the TDIU form.

[devildog2061]

Hi Berta, thanks once again for your response...

What the VA did was first sent me a SOC on the other two issues that were also on appeal, along with the PTSD. In the decision, both were denied and they also

stated because a VA doctor did not say I was unable to work - due to PTSD, and the proper form 21-8940 for UI was not submitted, they could not grant me

UI. They did not include a 21-8940 form with the SOC, only one for Voc Rehab. In my opinion, I think they should have considered the fact that I've been awarded SSD for PTSD. The second SOC they sent for PTSD, granting me 30% - did not include half the evidence from outside private Psychologists that

I've seen, nor did they mention SSD. They say the VA don't go by GAF scores. Well the C&P doctor gave me a 66/62, PTSD/Depression. That's right in line with the rating I received. As long as I've been treated for mental health ( from the VA ), I've never had a GAF score over 50. The private doctor reports I submitted range from 35 to 40. They did not address any of them... Well. I have an appt. with my lawyer Monday. We will ask for a reconsideration. You know, even if my lawyer would have submitted the form for IU, I doubt very seriously that they would have granted it. Montgomery Regional makes it very difficult for veterans to get the benefits they deserve. I'm sure you read the news...Not giving up though, I'm in for the long haul....Thanks

[devildog2061]

Hi all,

Well it's been a long wait, but I finally had a C&P for increase of PTSD (currently rated 30%), and IU. This is a DRO Review Appeal in which I requested for being rated

at 30% PTSD, and a denie of IU. Again I was approved for SSD prior to them giving me 30% PTSD, for PTSD and a back injury. I'm wondering if I'm given an increase

from 30 to 50% PTSD, what are my chances for IU ? My current ratings or as follows :

60 Skin

30 PTSD

10 Left Ankle

10 Tinnitis

0 Hearing Loss, both ears

The examiner checked these boxes : Occupational and social impairment with reduced reliability and productivity....

Criterion: The PTSD symptoms described above cause clinically significant distress or impairment in social, occupational, or other important areas of functioning.

Symptoms: Depressed mood, Anxiety, Chronic sleep impairment, mild memory loss, disturbances of motivation and mood, and difficulty in establishing and maintaining

effective work and social relationships...

Her opinion was : This veteran continues to experience chronic symptoms of PTSD, without remission, since his last exam. His symptoms of PTSD appears to have increased since his previous C&P in 2010. His increase in symptoms is largely due to a vehicle accident in January 2011 in which he was responsible for the death of one lady and the injury of a child.

I was given a GAF of 58

I am having Cardiac Problems (irregular Beats and V-Tach) I know because of PTSD, panic attacks and Anxiety. I totally passed out at the wheel.

Since 2010, I've had 4 ablations.

The 30% PTSD rating I now have is for an automobile accident while in service, with an 18 wheeler in which I and a fellow Marine was injured.

What are my chances of getting IU ?, thanks.....

[Berta]

If the SSDI is for SC PTSD and a NSC back injury ,then the SSDI award wont help you at all with the TDIU claim.

In my opinion, unless a doctor can state that the post service accident you had has exacerbated your SC PTSD,with a full medical rationale , the rating could stay the same for the PTSD. (and even with that kind of statement it still might)

However 60% is high for skin disorders.

It is possible that a severe skin disorder than affects the facial areas or anything exposed to the pubic, such as arms, hands, could warrant an extraschedular consideration by VA Central office.

This case is a long read and the veteran was denied for TDIU on an extraschedular basis prior to August 2002, BUT the veteran did receive TDIU after that date for his skin disorder under extraschedular consideration.

There is a lot of info in this case on skin ratings and the regs for skin changed in 2002 so the change might be favorable to you to claim a higher rating on that basis if the skin disorder warrants it, by medical evidence which could even warrant asking the VA for extraschedular consideration.

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp04/Files/0408217.txt

[devildog2061]

Thanks Berta,

I do have statements from two different outside psychologist.

The first says I'm unemployable as a result of terrible judgment, emotional numbness, and the threat to public safety.

He says I was retraumatized as a result of the second accident, and now both are entwined. This is the same Psychologist

who's statment I submitted to get SSD, and the 30% rating for PTSD. GAF -35

This was a second statement I submitted as new evidence in support of increase / IU....

The second says my back injury has exacerbated my already high levels of anxiety and depression related to PTSD, and I

should apply for a disability rating increase due to chronic symptoms related to PTSD....GAF -40

This statement was submitted prior to my being rated the 30% PTSD....

Both was submitted as evidence, but will the DRO take these statements into consideration, or will he solely go by the opinion of the

C&P examiner....thanks,