ptsd Ptsd Rating Correct?

[Mooshi]

I have a question about PTSD and the rating percentage. I am currently 30% service connected for PTSD and was told by an Attorney that if you have PTSD that is service connected that you are supposed to be at least 50% minimum. Can anyone verify this?

Mooshi

[Bonzai]

38 C.F.R. §4.130, DC 9411, governs PTSD ratings. This regulation provides graduated ratings of 0%, 10%, 30%, 50%, 70% or 100%.

38 C.F.R. § 4.130, DC 9411

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to such symptoms as: gross impairment in thought process or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation occupation, or own name …………………..100%

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships ...................................... 70%

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining Effective work and social relationships ………………..50%

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) ............................ 30%

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication .................. 10%

A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication .............................. 0%

[stillhere]

I have a question about PTSD and the rating percentage. I am currently 30% service connected for PTSD and was told by an Attorney that if you have PTSD that is service connected that you are supposed to be at least 50% minimum. Can anyone verify this?

Mooshi

I think this attorney is referring to the recent veterans from Iraq/Afghanistan that were low balled when they first came home and they were all reestablished at 50%. Check with the Va.Gov site I seem to recall a press release a couple of years back about this.

[carlie]

I have a question about PTSD and the rating percentage. I am currently 30% service connected for PTSD and was told by an Attorney that if you have PTSD that is service connected that you are supposed to be at least 50% minimum. Can anyone verify this?

Mooshi

Mooshi,

I believe what you post the the attorney told you only applies to when someone is

diagnosed on active duty and discharged for the condition - they are to be

rated at 50 % or more, right out of the box.

[Philip Rogers]

I agree w/Carlie. If you feel you should be rated more request an increase.

pr

[Sapper]

Yes, I also agree with Carlie. I heard about this a while back. If you were discharged for your Service Connected Disability, PTSD, then you should recieve at least 50% for your rating.

[stillhere]

I have a question about PTSD and the rating percentage. I am currently 30% service connected for PTSD and was told by an Attorney that if you have PTSD that is service connected that you are supposed to be at least 50% minimum. Can anyone verify this?

Mooshi

i think this is what he is talking about: http://www.nvlsp.org/Information/PressRoom/10-0601-ClassActionLawsuit.htm