ptsd Denied Increase In Ptsd And Tdiu

[stever]

Received my envelope recently and needed time to think about claims. As I reported earlier I have a 50% rating for PTSD and since I do receive disability from social security I put in for TDIU.I don't think SS gave disability on PTSD alone, I just wanted to mention that. I also had a claim in for tinnitis which was granted so now I am at 60%. I was denied an increase in PTSD because they noted my degree of PTSD to them continues to most closely correspond with a 50% evaluations based on my symptoms and feelings.I felt my C&P went very well, my VSO also stated he thought the intern wrote up a good report, the only exception was she rated my gaf at 57 when it's been consistently lower around 50.I continue to take meds and go weekly to group therapy.I mentioned that I have limited social contact with the exception that I enjoy meeting weekly with other Vets and they made mention of that so I got blackballed for that statement.What I meant was that we PTSD vets look forward to group.

I thought I had a good case for uneployability, plenty of employer documentation and C&P doc stated that I was unemployable due to my PTSD.

I did file an NOD, so now I'll have a long wait.

Any input or encouragement would be appreciated.

Stever

[stever]

Thanks for the input, I knew with only 50% I didn't meet the requirements, that's why I put in for IU with the hope I would get an increase to 70%.since I am on SSD.

Stever

[iceturkee]

It looks like you have a 50% and a 10% with a total of 60%. To qualify for schedular IU you need specific %. You need one service connected disability evaluated at 60% or more OR one at 40% or more and another condition which when combined with the 40% equals 70%. So they may not have ignored to doctors opinion, but determined that due to your current evaluation you don qualify. I grabed this from the VA website.

What Is Individual Unemployability?

Individual Unemployability is a part of VA’s disability compensation program that allows VA to pay certain veterans compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level.

What Is the Eligibility Criteria for Individual Unemployability?

A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have:

• One service-connected disability ratable at 60 percent or more, OR
  
  • Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
    

  i got iu with a 60 percent overall disability, including 40 percent for my back!

[carlie]

It looks like you have a 50% and a 10% with a total of 60%. To qualify for schedular IU you need specific %. You need one service connected disability evaluated at 60% or more OR one at 40% or more and another condition which when combined with the 40% equals 70%. So they may not have ignored to doctors opinion, but determined that due to your current evaluation you don qualify. I grabed this from the VA website.

What Is Individual Unemployability?

Individual Unemployability is a part of VA’s disability compensation program that allows VA to pay certain veterans compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level.

What Is the Eligibility Criteria for Individual Unemployability?

A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have:

• One service-connected disability ratable at 60 percent or more, OR
  

  • Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
    

  But that is only part A information of the reg.

  Part B doesn't always get a grant for IU - but sometimes it does.

  http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a676d0cdb096625f21dd042abde9ee5f&rgn=div8&view=text&node=38:1.0.1.1.5.1.98.11&idno=38

  38 CFR 4.16 B states :

  (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

  [40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

[helpme]

Hello all, I put in for an increase in my disability and received a C&P appointment about 8 months ago. I recently received a letter from VA asking me if i had anything else to add to my case or they will begin the rating process. Today, i received another letter from MSLA stating that they are going to hold two more appointments for me, one is a general appointment (don't know what that is) the other one is for (Mental Health) since I'm already service- connected with PTSD. Could any tell me what this mean!

[Chuck75]

A "general " C&P is just that, a medical C&P. What may be interesting is that you may find that the "general" C&P is actually limited to whatever the RO requested.

Pay particular attention to questions concerning existing rated disabilities, and any that you have applied for. If it's a general C&P in truth, any other non rated issues/conditions

can be assessed (or ignored) by the examiner.

The Mental Health C&P is a separate C&P (obviously). Both may be conducted the same day if so scheduled.