ptsd Going For Tdiu , Again!

[ironsoldier77]

I have been seeing the TBI clinic at my va hospital for a few years now. I had previously put in a claim for mild TBI. I had multiple contact with blasts in Iraq. 2 Combat tours with 1st AD Infantry. I also have a PTSD rating of 50% and Tinnitus at 10%, total 60%. I have been unemployed since 2008 and I went through voc rehab and they found me infeasable for work,untrainable,not expected to get gainful employment. I have gone through Neuropsych testing and here is the diagnosis from that testing. I am hoping this will help me get atleast 10% so I can get TDIU. I have already put in a claim for increase on my PTSD rating,mild TBI and TDIU all at the same time. Just did this on wednesday.

CONCLUSIONS AND RECOMMENDATDIONS: Mr. Anderson is a 32 year old,White,married and unemployed when the last testing session was completed. His work ihistory does not reflect stable emplyment. He was referred for a cognitive evaluation by his primary care provider after complaining of difficulty in concentrating and meory problems. He has an unremarkable academic history with a high school graduation and one semester of college. HIs family of origin was stable:however his father died just before he left for Iraq. H has a stable relationship history in his only marriage of eight years. He has three years of credible service in the the army with two combat tours to Iraq. He reports being stunned from multiple blast in juries while serving in Iraq. He has no history of substance abuse , or legal problems. His social life is limited to family due to anxiety associated with being in crowds and other symptoms of PTSD. He generally functions idependently and attends to his activities of daily living.His premorbid level of verbal intellectual functioning was estimated to be high average. Current intellectual functioning was in the average reage. All IQ scores were in the average range except for working memory which was low average. He has mild impairment in concentration and focusing on information in the auditory channel. Mild impairment in concentrating and focusing could contribute to the mild loss of intellectual functioning reflected in the drop from high average to average intelligence. Memory functioning was avearage to low average. Auditory memory, visual working memory and immediate memory were lower than expected for his intellectual functioning. Visual memory was intact despite mild difficulty in focusing and concentrating on visual channel information. He has had significant losses of memory abilities. His observed behavior, history and the test data are consistent with the following diagnoses:

Axis I-Mild Cognitive Impairment likely associated with Blast Injuries

Posttraumatic Stress Disorder

Depression (ICD-9-CM 311./300.4)

Insomnia (ICD-9-CM 780.52)

Tobacco use disorder

Axis II-NONE

Axis III-Brain diseases due to trauma (ICD-9-CM 3)

Acute pharyngitis

Low back pain

Knee: arthralgia

Tobacco use disorder

Axis IV-Exposure to combat and loss of job

Axis V- GAF=55, mild to moderate impairment

Medical problems that could contribute to cognitive impairment include brain disease and pain. PTSD, depression and insomnia could also contribute to impaired concentration. Hearing impairment could contribute to auditory memory problems and a hearing examination may be warranted. HIs past history of having tubes in his ears as a child could have contributed to a failure to develop auditory memory abilities. Medications that could contribute to cognitive impairment include clonazepam, but this is usually seen in much older patients. Mr. Anderson may benefit from medications that target concentration like those used in the treatment to attention deficit disorder,and an evaluation for a trial of one of these medications is recommended. Unfortunately the prognosis for PTSD with mild traumatic brain injury is worse than the prognosis for PTSD without brain injury. Most of the treatments for PTSD involve learning new strategies for managing the symptoms of PTSD, and when learning is impaired, progress in treatment may be slowed. Continued treatment for depression, insomnia and PTSD is recommended. He is also being seen in the speech pathology for cognitive rehabilitation and this should be continued until maximum benefit is achieved. With the recent loss of his employment, a vocational rehabilitation referral may be warranted, depending upon his progress in the PTSD outpatient treatment program.

So, thats the report from the doctor that did the psych testing. When I read this it almost sounds like a "slam dunk" and that I might get awarded a SC for mild TBI. I really hope it does, because it would make me eligable for TDIU, which is what I really need. I was also wondering if its possible that the VA could go ahead and award 100% P & T instead of just TDIU?

I am on full SSD benefits as well and that along with my VA benefits at 60% is all i have to live by. We barely have enough to keep our house. I am almost at the point to where my life just seems meaningless and I really hope I get the TDIU, mild TBI and increase for my PTSD. Im having a hard time gettng an increase for my PTSD. It seems that i have to be some deranged lunatic, murder someone or get locked up. to be even considered for an increase. I dont know what to say when I go to the C&P exams for PTSD increases.

[deviant]

I would say for younger vets with PTSD the ultimate goal is to recover and be able to have a life. You don't want to spend the next 40 years suffering with a chronic condition. For most so-called mental conditions there is no magic cure, but you can learn to deal with symptoms. However, in the meantime if you can't work you get TDIU.

You say it would be better for us to recover? I also know there is no magic cure, but after youve given up say 7 years to destroy your mind and body then the military gives you an MEB against your will and sends you home ... and for me I watched everything I ever cared about either get destroyed, or get taken away from me till I was homeless throughout the next 7 years. The only way I provide for my daughters is with TDIU, and as for ever being employed again after having an outburst or flashback or whatever you want to call it in the workplace a couple times who would ever seriously consider giving a job that would pay me even a percentage of my TDIU? Factor in a trashed credit score which means you will likely never own the home you always dreamed of, or anything else of significance... And what do you really have left but your benefits, what are we suppose to do? Go homeless then get our benefits to get them taken away because someone says we are recovered then you find out your not and try to get a job but no one will hire us because we are a liability, go homeless again then wait till we are 50 or so and file for them again and wait another 2 or 3 years till we maybe get approved? Doesnt sound very appealing does it... Bottom line is if you dont want killers then dont build them, Sometimes they have a malfunction and have to be looked after regardless of age... Because in the end run there is no reset button.

[LarryJ]

"Because in the end run there is no reset button."

I have never heard it expressed more eloquently than that.

Thank you. And, may G-d bring you some peace, and quite.

[ironsoldier77]

UPDATE:

I just got off the phone with the 800# and they said my claim is at the rating board ready for a decision as of Sept 24th. Im happy but also kinda confused because I never had any C&P exams! Is this good or bad??

[carlie]

UPDATE:

I just got off the phone with the 800# and they said my claim is at the rating board ready for a decision as of Sept 24th. Im happy but also kinda confused because I never had any C&P exams! Is this good or bad??

iron,

Usually if the decision maker decides there is enough credible and probative evidence

and additional development is needed then as part of the duty to assist,they will order a C&P examination.

There is a 38 CFR reg to support this.

OR

If the decision maker feels that there is already sufficient credible and probative medical evidence of record,

to adjudicate the rating decision - then a C&P examination might not need to be requested.

There is a 38 CFR reg. OR a M21-1MR instruction to support this.

[ironsoldier77]

Oh ok, so I could still go to a C&P exam even though they said its at the rating board waiting to be rated?

iron,

Usually if the decision maker decides there is enough credible and probative evidence

and additional development is needed then as part of the duty to assist,they will order a C&P examination.

There is a 38 CFR reg to support this.

OR

If the decision maker feels that there is already sufficient credible and probative medical evidence of record,

to adjudicate the rating decision - then a C&P examination might not need to be requested.

There is a 38 CFR reg. OR a M21-1MR instruction to support this.

[cowgirl]

Ironsoldier, from my experience its just a matter of time, endurance and follow-through on the veterans part to see what happens next. With the many decisions I've recieved, no two are exactly handled the same way, some triggered a C&P or not. My memory is old, but if I recall there is a decision matrix somewhere used by VA raters, RVSR (Rating Veteran Service Representative) or VSR (Veteran Service Representative). Side note, I used to call in for 'status updates' on my claim, learned IRIS email is fairly good and gave me a copy for the file. Other than that, Hadit helped me learn to wait while keeping important end dates in mind.

My feeling, I am sorry for your condition, sure glad you're getting care, even though you are young you are still a veteran with disabilities and if on SSDI, VA unemployability could really help you & loved ones. Honestly, sometimes I like the statement 'never say never', maybe in my dreams I return to the 'workplace' and all's good, even at my age.

I am feeling all will turn out okay and certainly hope comfort for you and yours,

Best to ya,

Cowgirl