ptsd 100% But Not P&t

[hoagie]

I was just awarded 100% for PTSD, but they are going to schedule an exam in 5 years.

I don't believe that I will ever return to work (I am 56 ) and have not had any real improvement since the onset of it 3 years ago. I also receive SSDI for this condition.

Should I appeal this or is there a chance I could get a lesser rating? Also, does anyone know what the statistics are as far as how many in my situation lose their rating on a follow-up exam (or is the exam just a formality?).

Need some guidance here.....Thanks.

[navydoc2]

I was awarded IU in Aug 09. I was given an exam date of five years too, but I filed a NOD in Nov and was awarded P&T with chapter 35 bennies in Aug 10. You could probably use your SSD award to request P&T, as long as its for service connected issues, don't want the VA looking for a reason to reduce you. Good luck.

/doc

[carlie]

If you have a good relationship with your MH service provider

I would see if they are willing to write a brief letter of support

or a progress note stating your MH disability is static in nature

with no room for improvement. I would then submit that with a

request for P&T status.

[hoagie]

If you have a good relationship with your MH service provider

I would see if they are willing to write a brief letter of support

or a progress note stating your MH disability is static in nature

with no room for improvement. I would then submit that with a

request for P&T status.

I have a great 3 yr relationship with both a PhD therapist and a psychiatrist and both stated that my prognosis is guarded as meds have been ineffective. Additionally, the C&P doc stated basically the same thing.

Don't know if this is BS or not, but my guy with the state DVA said that he heard part of the rater's discussion of my claim and they were keying on the C&P docs statements regarding my "immaculate grooming and clean and pressed clothes" ! This is my first and only VA claim and I am beginning to think that the rules are a bit different than I thought they were. All 3 docs said things that hinted at little improvement in 3 yrs and they key on that????

If they want to game me...I guess I can play too.

ps...my wife dresses me well

[stillhere]

Get your doctor to write a letter if you can and then NOD it. In my case the VA double talked and said in one paragraph that I would not get any better and in another at the end said I would?!

[hoagie]

Get your doctor to write a letter if you can and then NOD it. In my case the VA double talked and said in one paragraph that I would not get any better and in another at the end said I would?!

Title 38 3.327 states that reexamination will not be done on veterans over 55 except under unusual circumstances:

(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled:

(i) When the disability is established as static;

(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

So...how much leeway do they have to define "unusual" circumstance?? . My VSO and Dr's all say that this case is not unusual.

[RonP]

I had your same concerns, I am 61 and have not worked since 99. I am rated at 50 % and had a 3 yr review. Jim Strickland a respected advocate, would reccomend you stand pat. I stood pat after I appealed the 50 %. After the appeal, and the 2nd interviewer flat out lied, He only aske d me 1 question after lecturing me for 45 minutess on a totallly unrelated topic. He never asked 1 question about ptsd until the last 1 minute. I said Im mad as hell and you are a f......ass......

He said we were done and my rating was retained. The report he wrote was a total fabrication, I appealed and was denied.

My 2 cents says count your blessing, find a good psychiatrist, and pray they are honest with you.

I feel for you brother i really do. Don't turn this stone over, there is a very bad scorpion underneath. Ant additional review can reduce your award as well as increase it.

No I am nobody, don't know beans but I just gave you my pound cake, get my drift......

Ron Prince

Opinion is worth 2 cents from me....add it to your award.......

I was just awarded 100% for PTSD, but they are going to schedule an exam in 5 years.

I don't believe that I will ever return to work (I am 56 ) and have not had any real improvement since the onset of it 3 years ago. I also receive SSDI for this condition.

Should I appeal this or is there a chance I could get a lesser rating? Also, does anyone know what the statistics are as far as how many in my situation lose their rating on a follow-up exam (or is the exam just a formality?).

Need some guidance here.....Thanks.