mobie16r

Vasolas,i don't understand why va havn't rate you 100%,if you can't work because of your ptsd syptoms you get the 100% Schedular and schedular you for future Exams. There are 3 ways the VA may choose to set your 100% rating. IU...Individual unemployability. This means you are really a 70% rating but you cannot work so they grant you 100% based on that. IU is a tough rating for PTSD. A letter sent to rating officials in the VA states: Quote: -------------------------------------------------------------------------------- Don’t go through the I.U. process if there is clear evidence on the examination that the veteran is unable to work because of PTSD. A 100% evaluation would be more appropriate in such cases, and a future exam can be requested when indicated. -------------------------------------------------------------------------------- The same letter gives more information to raters on a study conducted on PTSD ratings. Remember me mentioning that "Saving Private Ryan" guy. well here it is: Reluctance to grant 100% Many cases of PTSD were rated at 70% even when there were clear indications on the examination that the veteran had severe symptoms and had total occupational impairment because of PTSD symptoms. Examples: One veteran had not been working for 2 years because of PTSD symptoms; one was reported as unable to work and getting progressively worse; one had not worked for 7 or 8 months since seeing “Saving Private Ryan”; one was complying with his treatment plan but was said not to be sufficiently stable (e.g., had suicidal ideation) to maintain competitive employment; one was said to have an inability to function in almost all areas; and one had impairment of reality testing, active flashbacks, depression, hopeless mood, etc. Each of these was rated at 70% but could have been rated at 100%. GAF scores in these cases ranged from 30 to 45. (30 was the lowest GAF score given for any case in this review.) Most were eventually given I.U., but there seemed to be great reluctance to grant a schedular 100-percent evaluation even when there was ample medical evidence of severe disability due to PTSD, and a clear indication of impaired functioning sufficient for a schedular 100-percent evaluation. The old Physician’s Guide stated in the chapter on mental disorders: “In the case of anxiety disorders, except for severe phobias, it is unusual for a person to be completely incapacitated.” However, VA’s National PTSD Center states that anxiety disorders, severe phobias, PTSD, OCD (obsessive-compulsive disorder), panic disorder (esp. with agoraphobia), and social phobia all can be debilitating, sometimes to the point of complete incapacitation. Currently, over 29,000 veterans with PTSD are rated at 100% and over 6000 with generalized anxiety disorder are rated at 100%. Therefore, it is no longer correct to say that total incapacitation for anxiety disorders is unusual. Another rating is schedular: Schedular is the rating that says you are 100% and under the CFR. You fit into that rating criteria. The last is Permanent and Total or P&T: This means that rating board feels that you will not improve during your lifetime and you are premanently disabled in there eyes. good luck mobie --------------------------------------------------------

The c&p examiners will know what you are there for, a c&p is what the va orders to see have you gotton better or worsten and they will send there information to the raters and the raters will determine whether or not you getTDIU.If you are service connected with all the disabilities that you have posted, let the examiners know that everything have, gotton worst and how much pain you are having everyday . Good luck! mobie

Hayley, what i would do is submit new evidence to corroborate claim.you said va would close your claim in 60 days.Sometimes they give 60 days to submit new evidence and if you don't submit new evidence they would go ahead and work claim with the evidence they already have.Since you already have a timely appeal in, that's the reason you still have a year to submit new evidence.if you don't have a VSO, get you one to help you,But you can always help yourself by getting all your information from your private doctors and submit it as soon as possible. mobie

SAME HERE,HAPPY MOTHER'S DAY TO ALL THE MOTHERS mobie

Congratulation,Steve ,now take your time and settle down and enjoy yourself you deserve everything you got. mobie

drtestlight if i was you i would follow vike17 advice and give it two weeks,when i had my C&P it took four months to get a decision.I am going to go out on the limb on this one.When you was told that your claim was closed out,you probably was awarded P&T no more examination.Good luck and thanks for the service to your country. mobie

Yes,there a chance you could get your rating raised.MRI shows a lot more than Xrays. mobie

John I see you are service connected 70%,if you are not working, you should put in for uneployability but if you are, and if it was me and i had a claim in for depression i probably would wait and see how it come out,the reason sometimes it take long when you put in new claim.mobie

BETRAYED, I am not Vike,but a form 9 wiil be attached to SOC and this is what you fill-out and return to your regional office where your initial claim is,if you disagree with the decision that was made on your claim at your regional office, it will be forward to board of veterans appeal (BVA)in Washington DC for decision,and it still is a NOD.Ihope this will help,but i am sure someone else will come along shortly and explain better. mobie

Congratulation,BETRAYED mobie

I thank Carlie is right about initial claims,but NOD'S with DRO first come first served, mobie

Good work cavman mobie

Stretch,congratulation on your victory in winning your claim,but sorry for your loss,hang in there and everything will get better. mobie16r

BETRAYED i also read that article on Military.com,very intresting. mobie

§ 3.652 Periodic certification of continued eligibility. top Except as otherwise provided: (a) Individuals to whom benefits are being paid are required to certify, when requested, that any or all of the eligibility factors which established entitlement to the benefit being paid continue to exist. The beneficiary will be advised at the time of the request that the certification must be furnished within 60 days from the date of the request therefor and that failure to do so will result in the reduction or termination of benefits. (1) If the certification is not received within 60 days from the date of the request, the eligibility factor(s) for which certification was requested will be considered to have ceased to exist as of the end of the month in which it was last shown by the evidence of record to have existed. For purposes of this paragraph, the effective date of reduction or termination of benefits will be in accordance with §§3.500 through 3.504 as in effect on the date the eligibility factor(s) is considered to have ceased to exist. The claimant will be advised of the proposed reduction or termination of benefits and the date the proposed action will be effective. An additional 60 days from the date of notice of the proposed action will be provided for the claimant to respond. (2) If the certification is not received within the additional 60 day period, the proposed reduction or termination of benefits will be put into effect. When the required certification is received, benefits will be adjusted, if necessary, in accordance with the facts found. (Authority: 38 U.S.C. 501) mobie

§ 3.158 Abandoned claims. top (a) General. Except as provided in §3.652 of this part, where evidence requested in connection with an original claim, a claim for increase or to reopen or for the purpose of determining continued entitlement is not furnished within 1 year after the date of request, the claim will be considered abandoned. After the expiration of 1 year, further action will not be taken unless a new claim is received. Should the right to benefits be finally established, pension, compensation, dependency and indemnity compensation, or monetary allowance under the provisions of 38 U.S.C. chapter 18 based on such evidence shall commence not earlier than the date of filing the new claim. DE NOVO mean Start fresh and in your case i thank that is when you reopen claim in 2001.Good luck on getting your claim granted mobie

Spike,first i would to congratulate you on your sucess in winning your claim for IU,second since you got your IU i wouldn,t worry about vocational Rehab and third,i would take John 999 advice. mobie

Service connection for post-traumatic stress disorder requires medical evidence diagnosing the condition in accordance with 38 CFR 4.125;a link ,established by medical evidence ,between current symptoms and in-service stressor;and credible supporting evidence that the claimed in-service stressor occurred.If the evidence estabilshes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat ,in the absence of clear and convincing evidence to the contray,and provided that the claimed stressor is consistent with the circumstances,condition,or hardships of the veteran service,occurrence of the claimed in-service stressor may established by the veteran's lay testimony alone. If the evidence establishes that the veteran was a prisoner-of-war under the provisions of 38CFR3.1(y) and the claimed stressor is related to that prosiner-of-war experince,in the absence of clear and convincing evidence to the contrary,and provided that the claimed stressor is consistent with the circumstances,conditions,or hardships of the veteran's service,occurrence of the claimed in-service stressor may be established by the veteran's lay testimony alone. {38CFR Section3.1(y),3.304(F),4.125(a)} mobie

John what airbase in vietnam you was station at? what sq. was you in? what years did you serve in vietnam? mobie16r

janqrin Congratulation on your sucess! mobie

John I am a USAF veteran,I served with the 3rd security police SQ at Bien Hoa Airforce base in vietnam from August 1966 to April 1968 and i am also 100% service connected for PTSD.When i filed claim i had Fifteen In-service stressor,but you don't have to have but one if you can prove it and its the reason you have ptsd and you been diagnose with it.I don't know what kind of psychologist you went to i never heard of that kind of test before that take eight hours to take.There is a ptsd questonaire,called the Mississippi scale that take about fifteen minutes to fill out if you as slow as i am.If you havn't been diagnose with ptsd,get you a private psychologist and tell him the problem you are having,but it got to be from your in-service stressor unless you have a purple heart,cib or some other medal you received to prove you was in combat.It will take about two session before he/she give you a diagnosis.Also go to the va and try to get some counseling.Whenever you have C&P give a copy to the va examiner.I hope this helps mobie

Hello Lady Chance If your claim is with the rater ,about all you can do now is wait.i don't know why DAV representative would quit on you,that don,t seem right,but there is other DAV reps that will represent you.You can get copies of your medical histroy from release of information office in Va medical center where you did your C&P of was treated for other disabilities, by just filling out the required forms,now if you want to see your c-file,which is the medical and all the other evidence you filed on your claim,you go to the regional offfice and and put in a request to see your c-file and they will give you a date and time you can view file,but remember that this can delay your claim being rated.You can also get a lot of information from this forum.HADIT.COM mobie

Congratulation,jon,seem like you had a good simple claim,with everything in order. mobie

Thanks Berta, Good information mobie

Looks good! mobie