Jay Johnson

Suicidal ideation is not, necassarily, reflected in your GAF score. Most clinics have their own "suicide scale" to determine exactly how probable any suicide attempt may be....some facilities have very strict charts on suicide and others have no chart/scale at all (nothing universal to my knowledge). Anywho, for your exam I would just be yourself...do NOT try to impress the doctor or go out of your way to look "normal". Make sure you emphasize your bad days and try to stay play down your good ones...the way the regs read (and the way the docs are supposed to evaluate) is that they should take consider how bad you get and how often you get that way. Your good days should not factor into the evaluation, but the C&Ps I've seen do exactly the opposite....they play up your good days and rate you based on them, which is against the law, but it is a way for them to justify a low-ball rating at the VARO level. So, in short, be sure to present yourself at your worst and do everything you can to play down your "good" days.

Those that deny the existence of PTSD due to war, rape, molestation, etc are usually the ones with the deepest seeded problems. I have spent a lot of time researching people with PTSD and I have found that people who go out of their way to denounce the existence of such problems are usually sufferers themselves that do not have the strength to confront their own problems; therefore, they over compensate by belittling everyone else in order to prove to themselves that nothing is wrong. I also feel that these are the people most likely to actually snap and commit suicide and/or homicide. A better example acn actually be found in the many victims in the country of sexual abuse. Most women I have met that have been raped/molested are quick to point out the flaws in other women who have been through similar circumstances...it's like by admitting that the other women are justified in their behaviour, as a result of sexual trauma, they must also admit their own faults (kind of like looking in a mirror). IMO, one of the reasons why rape is such a problem in this country is that other rape victims will not support one-another...it has taken the better part of 3 yrs to get my wife to empathize with other rape victims and to see herself through them. After all, the biggest problem with PTSD is admitting your own limitations and to admit the limitations of others is to admit your own.

On the plus side, it is VERY difficult to lower a person with TDIU. The VA must show new MATERIAL evidence of EMPLOYABILITY that is sustained for a period of 3mnths or more...then , and only then, can they even attempt to lower a TDIU. Essentially, if you're not working they CAN'T lower your TDIU, unless you make it overwhelmingly clear that you can work but are choosing not to. The downside is that the ROs do not follow title 38 and will likely try to weed out the weaker vets by unjustly lowering claims and hoping they commit suicide and/or don't appeal....not much can be done about this until these horrible SOs get off their collective a**es and start pointing out this HUGE problem with VAROs....but this would put the SOs out of work so it will never happen.

Yes and no. The current administration has done a great job of making any decenting voice look like an anti-american terrorist......makes me miss the good 'ole mcarthy days.

I met a woman awhile back who was in the hospital with my wife (Also had PTSD due to MST and was currently 100% SC)...anyway, she told my wife that she recently got medal for valor when she pulled some people out of a crashed helicopter 22yrs earlier (she had been medically retired for 18yrs). In her words, "I wish I could find the person who gave me this award after all these years, so I could shove it up their a**".

I spoke with a few other people in the Seattle RO and they said, essentially, the same thing. A CUE is an argument based solely on the merits of regulation; whereas, an appeal is based on the medical merit of the claim. I understand what you're saying, but this is now like 5 people within the RO that have said that one may argue CUE (based on misrepresentation of regulations) while filing appeals through normal channels (IE - DRO). The two claims take seperate paths in that the CUE goes right to the top and is awarded based on regs alone and the appeal goes through a DRO reviewer and the entire case is looked at. Essentially, the CUE is reviewed by a different person then the DRO and your C-file is NOT taken into consideration...whatever evidence you provide the CUE reviewer is what he/she uses to rule on the claim and if you get a favorable review you can drop your DRo and vice-versa.

I'm not sure where you're at in your claim, but the process goes like this: You file a claim(s) then the RO issues a decision on your claim (they may hold off and ask for more evidence and/or a C&P)...once you get the RO decision you will have 60 days to add any new evidence before the decision takes effect (IE - pay cut/increase). You can also NOD the decision at this time. Your NOD should say "notice of disagreement" because of "X" "Y" AND "Z". Approximately, 2 months later your NOD will be officially accepted and you will get a letter saying they got your NOD and that you can either A) Check the box for a DRO, B) Ask for a statement of case and that you wish to appeal to the BVA, or C) Do nothing and drop your appeal (I believe you have 60 days from receipt of this letter to make a decision). P.S. - You have 1 year to file a NOD on any decision by the VARO, but only 60 days to ask for a DRO/BVA appeal. I could be a bit off on some of these as I am new to the process myself, but this is how I understand it thus far.

I believe your confusion is in the "total" part....I do not believe that you must be "totally" disabled in order to be "permanently" disabled. But, either way, technically you are totally disabled by reason of unemployability, even though your rating may only reflect 80%.

I was recently told by my contact in the Seattle RO (part of team 1?) to file a CUE based on the regulations broken in my wife's recent decision. When I posted the CUE(s) I had written to Hadit I was told that I could not file CUE until we had exhausted her appeals process, so I decided to hold off. Today, I spoke with my contact again and he clarified the process for me....he said not only could I file a CUE right now (just putting in for DRO as well), but both my DRO and CUE will be handled seperately (IE - I can appeal the CUE decision AND appeal the DRO decision if both turn out to be unfavorable). He also said that the CUE goes directly to the "coach of the appeals team" and shouldn't take longer then a few months AND this can be done WHILE my appeal is in for DRO. If I do not agree with the "coach of appeals" decision I can appeal it to the BVA along with any appeal I may have for the pending DRO. Now, this is one man's opinion on the matter and I am just starting the process, but this individual works with the rating teams (he puts together all of your evidence, claims, etc and personally brings them to the raters). So, I will try to give updates to the case to see if this is, indeed, the truth. P.S. - He isn't the first person in the RO to tell me I could CUE whenever I wanted....apparently, finality isn't whether you have exhauste appeals, it's whether or not the RO has made a written final decision (which is just the beginning of the appeals process). If this turns out to be correct we could go after the RO on two fronts at once....cross your fingers:-)

lithium has a LOT of side effects and probably shouldn't be used as your using it. I would fire the doctors you have and find some that are willing to listen to your concerns. P.S. - Ativan can be a good PRN med to relax your muscles and xanax can also be used. I'm not your doctor so don't take my word for it, but there are plenty of other meds available to you if you wished to try them (to which your doctor should be open to).

That sounds somewhat political...I quit:-)

It should be more then enough honestly, but PTSD isn't easy to get these days. I wouldn't worry too much as I'm sure you'll win eventually through the appeals process. You may want to formally submit the letter from your CO as new evidence if you plan on a DRO. Also, you may want to cite "benefit of the doubt" if you feel the evidence in hand is already enough to weigh in your favor. Either way, keep digging for more info and start preparing as if you're going to the BVA.

SSDI is usually quite easy. The wife recently had her review, which consisted of a letter asking her if she was employed, if she had been hospitalized recently and if her condition has improved. She sent the letter back and within 3 weeks she got another letter saying that her claim was approved and not to expect to hear from them for about 5 to 7 yrs. If only the VA were so easy.....

I believe the law says income from employment. Stocks, interest on accounts, property ownership, etc, do not qualify as employment to my knowledge, but I'll defer to someone else for the actual reg as it's late and I'm tired:-)

I'm not terribly familiar with ChampVa as we use tricare, but I did manage to find a link that explains medicare as it relates to ChampVA for you - ChampVa . As far as I can tell ChampVa was not affected by the same law as tricare, though there does seem to be some older laws (2001) which link medicaer and ChampVA. Hope the link helps.

Va and medicare are seperate issues. You can opt. out of medicare part B and still get 100% coverage from the VA as a 100% SC vet. What you are refering to is a new bill passed in Jan. 05 that forces those eligible for part B AND tricare (retired military) to use medicare part B as their primary insurance. If you do not use tricare and/or civilian health care in general then you have no need for medicare part B, but if you used tricare prime in the past you MUST opt. into medicare part B as tricare will only pay as a secondary insurance if you are "B" eligible. In other words, if you never used tricare then call/write SS and tell them to remove you from part "B"...you have no choice on part "A", but it is free (hospitalizations). P.S. - The new bill does NOT affect your dependents. They can still be enrolled in tricare prime at a reduced rate as you will not be enrolled yourself.

Looks like your PTSD should be in the 70% range, but I wouldn't expect more then 50% initially. You may also have a problem with the Axis II issues of personality disorders. I would do everything you can to get an IMO stating your condition is realted to PTSD and you have NO personality issues. Best of luck.

Wow, that's a welcomed turn of events...let's just hope the trend continues.

excellent retvet..... always good to hear a success story (especially these days).

The sad truth is that you filed at the wrong time leroy. The VA is going bankrupt and PTSD is the most subjective and easily dismissed disease the VA encounters.....PTSD accounts for a large portion of the VA budget and those with PTSD are the least equipped to fight a low-ball rating or non-SC. Until our SOs and/or elected officials take a stand against this practice EVERY PTSD vet will be fighting a huge uphill battle. P.S. - As I have said MANY times, we need to boycott the SO's until they start fighting against these blatant problems on a national level. This is the ONLY way to gain national attention on the issue and drum up enough support from washington. Every vet should send their SO a letter saying "I no longer wish your services until you fix these horrible problems on a national level and I will no longer donate to this, or any other SO, until you do so". America IS money and only acts when money is involved...you take away the money and SOs WILL react (not to mention the shame it would bring to them and the clout they would lose in washington as a result).

Though I agree with Alex in principle, I think we should put at least equal effort into stopping this illegal search. The regs are written so that the VA must take the veteran's word for SC (benefit of the doubt among others). The VA is "supposed" to have the burden of proving the veteran is wrong, not the veteran having to prove they are right. It almost never works this way as is, and we are letting them go back over the few cases in which the VA did follow regulation and break said regulations. This story should be the lead on every news channel in the country, but, once again, our SOs have failed us miserably.

Unfortunately, they are right about the "depression" and "PTSD" thing. It is another trick by the VA to keep mental disabilities lower then they should be. My wife, for example, has PTSD, agoraphobia, tricholtillomania, neuro-dermititus, generalized anxiety disorder, obsessive compulsive disorder, psychosis, dimentia (rare) AND major depression, but she is coded as having "PTSD". That would be like rating a vet with a missing leg that's blind and has lung cancer, due to asbestos, as being just "physically disabled". If I were you I would start seeing a civilian doctor (if you haven't already) and get more information about your PTSD and other conditions (probably need more then one civilian doctor). You can submit new evidence along with qualifying your old evidence with your NOD(IE - doing as berta said and show proof, via BVA, that cases have been decided in a veteran's favor based on a review of existing medical records). Also, be sure to have someone look at your NOD, and any other information, before you submit it to the RO (post it to hadit if need be or use a SO <shutter>). NODs need to be very simple and matter-of-fact.....best to frame a NOD in a very legal format stating just the facts and any other supporting evidence (IE - citing regulations and such). GL

Wow, that is complete BS. Funny how they'll take a VA nurse practitioner's opinion from a 30 minute exam, but they won't take a detailed exam from a treating doctor. A 38 GAF quite literaly means you are unemployable, but the RO answers to no one and you have to take the long road to get a proper rating. These are the cases that SO's should be storming washington over, but they don't...they plug along with the standard appeals at the detriment of all veterans. No way did the RO disprove your claim by a "preponderance of the evidence", nor did they use the "benefit of the doubt". If the VAROs don't have to follow title 38 then why even have it? Keep your spirits up and file a solid NOD... I'm sure you'll get what you deserve.....eventually.

If you intend to file for disability compensation I would do so BEFORE getting out of the military. AmVets had a "fast track" program that one qualified for if they were still serving (had to have a minimum number of days left in service)...this program, essentially, put your claim on the top of the VA pile and could greatly speed up your claim's process. Either way, I would look into filing before leaving the military, rather then waiting 'till your discharged.

Berta, That is a routine scam these days....really started with Ebay and paypal members to get your account info, but has spread to many different websites already. Any time any of us get something asking for account info it's best to call the company in question and ask them rather then replying via email:-) Kudos to you for not falling for it.