tylerb333

I have a letter from my doc stating: i have an application in for bay pines, fl MST/PTSD residential treatment facility and if im selected I'll be gone several months. If i decide still to not go then i need time to address my current problems and improve my mood so i can enter the workforce full time and wirhout reservation. I also have a letter from VOCREHAB stating i am unfeasible.

I didnt get comp until 15 years after the assault and 6 mos. after leaving prison.

Should i have my boss clarify the fact that my loss of time is due to my symptoms and not the misunderstanding the first c& p examiner had?

My boss is going to write a supportung statement claiming that that just isnt true. I have full time work available, 40 hours a week, buy due to my back ailment and ptsd symptom as well as meetings, groups, therapy and physical therapy i am not able to work full time

at the end it says: The veteran has been employed numerous times and has been fired for tardiness or alcohol and drug use. He is currently working 5-6 hours per week for his mother's company. According to the previous C&P exam, he is not able to work many hours due to not being permitted to work inside of a bank due to his felony record. The veteran reported that he was "working" during his 10 years in prison selling drugs. He denied having any difficulties while in prison. The veteran is capable of following instructions and performing simple tasks. He is able to concentrate on a simple task and respond appropriately to coworkers and supervisors.

DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request? [X] Yes [ ] No SECTION I: ---------- 1. Diagnostic Summary --------------------- Does the Veteran now have or has he/she ever been diagnosed with PTSD? [X] Yes [ ] No 2. Current Diagnoses -------------------- a. Mental Disorder Diagnosis #1: Posttraumatic Stress Disorder ICD Code: F43.10 Mental Disorder Diagnosis #2: Opioid Use Disorder, Severe, In early remission, on maintenance therapy ICD Code: F11.20 b. Medical diagnoses relevant to the understanding or management of the Mental Health Disorder (to include TBI): No response provided. 3. Differentiation of symptoms ------------------------------ a. Does the Veteran have more than one mental disorder diagnosed? [X] Yes [ ] No b. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis? [X] Yes [ ] No [ ] Not applicable (N/A) If yes, list which symptoms are attributable to each diagnosis and discuss whether there is any clinical association between these diagnoses: The veteran's symptoms are primarily related to his PTSD since he has not used substances in more than six months. c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [ ] Yes [X] No [ ] Not shown in records reviewed 4. Occupational and social impairment ------------------------------------- a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] Occupational and social impairment with reduced reliability and productivity b. For the indicated level of occupational and social impairment, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by each mental disorder? [X] Yes [ ] No [ ] No other mental disorder has been diagnosed If yes, list which portion of the indicated level of occupational and social impairment is attributable to each diagnosis: The veteran's impairment is related to his PTSD. c. If a diagnosis of TBI exists, is it possible to differentiate what portion of the occupational and social impairment indicated above is caused by the TBI? [ ] Yes [ ] No [X] No diagnosis of TBI 3. PTSD Diagnostic Criteria --------------------------- Please check criteria used for establishing the current PTSD diagnosis. The diagnostic criteria for PTSD, are from the Diagnostic and Statistical Manual of Mental Disorders, 5th edition (DSM-5). The stressful event can be due to combat, personal trauma, other life threatening situations (non-combat related stressors). Do NOT mark symptoms below that are clearly not attributable to the Criterion A stressor/PTSD. Instead, overlapping symptoms clearly attributable to other things should be noted under #6 - "Other symptoms". Criterion A: Exposure to actual or threatened a) death, b) serious injury, c) sexual violence, in one or more of the following ways: [X] Directly experiencing the traumatic event(s) Criterion B: Presence of (one or more) of the following intrusion symptoms associated with the traumatic event(s), beginning after the traumatic event(s) occurred: [X] Recurrent, involuntary, and intrusive distressing memories of the traumatic event(s). [X] Recurrent distressing dreams in which the content and/or affect of the dream are related to the traumatic event(s). [X] Dissociative reactions (e.g., flashbacks) in which the individual feels or acts as if the traumatic event(s) were recurring. (Such reactions may occur on a continuum, with the most extreme expression being a complete loss of awareness of present surroundings). [X] Intense or prolonged psychological distress at exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event(s). [X] Marked physiological reactions to internal or external cues that symbolize or resemble an aspect of the traumatic event(s). Criterion C: Persistent avoidance of stimuli associated with the traumatic event(s), beginning after the traumatic events(s) occurred, as evidenced by one or both of the following: [X] Avoidance of or efforts to avoid distressing memories, thoughts, or feelings about or closely associated with the traumatic event(s). Criterion D: Negative alterations in cognitions and mood associated with the traumatic event(s), beginning or worsening after the traumatic event(s) occurred, as evidenced by two (or more) of the following: [X] Persistent, distorted cognitions about the cause or consequences of the traumatic event(s) that lead the individual to blame himself/herself or others. [X] Persistent negative emotional state (e.g., fear, horror, anger, guilt, or shame). [X] Persistent inability to experience positive emotions (e.g., inability to experience happiness, satisfaction, or loving feelings.) Criterion E: Marked alterations in arousal and reactivity associated with the traumatic event(s), beginning or worsening after the traumatic event(s) occurred, as evidenced by two (or more) of the following: [X] Irritable behavior and angry outbursts (with little or no provocation) typically expressed as verbal or physical aggression toward people or objects. [X] Hypervigilance. [X] Exaggerated startle response. [X] Problems with concentration. [X] Sleep disturbance (e.g., difficulty falling or staying asleep or restless sleep). Criterion F: [X] The duration of the symptoms described above in Criteria B, C, and D are more than 1 month. Criterion G: [X] The PTSD symptoms described above cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. Criterion H: [X] The disturbance is not attributable to the physiological effects of a substance (e.g., medication, alcohol) or another medical condition. 4. Symptoms ----------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Depressed mood [X] Anxiety [X] Suspiciousness [X] Chronic sleep impairment [X] Disturbances of motivation and mood [X] Difficulty in establishing and maintaining effective work and social relationships 5. Behavioral observations -------------------------- The veteran arrived 10 minutes late for his appointment and was pleasant upon meeting. The veteran was oriented to person, place, situation, and time. His grooming and hygiene were adequate. He made appropriate eye contact and presented with a depressed mood with a congruent affect. His speech was within normal limits for tone, volume, and rate. His thoughts were logical, linear, and goal-directed. He did not evidence any psychotic symptoms, including responding to auditory or visual hallucinations and delusional beliefs. On a brief mental status exam he was able to freely recall two of three words presented after a brief delay. He was able to recall six digits forward and three digits backward. He was able to complete a serial seven subtraction task with no errors to seven places. He was able to spell the word WORLD forwards and backwards. He was able to complete a two-digit addition and subtraction tasks. He was able to compare an apple and banana and was able to reason abstractly when comparing a poem and a statue. His response to the proverb "don't cry over spilled milk" was good. He was not able to provide a response to the proverb "people in glass houses should not throw stones." 6. Other symptoms ----------------- Does the Veteran have any other symptoms attributable to PTSD (and other mental disorders) that are not listed above? [ ] Yes [X] No 7. Competency ------------- Is the Veteran capable of managing his or her financial affairs? [X] Yes [ ] No 8. Remarks, (including any testing results) if any: --------------------------------------------------- The veteran was administered a psychological measurement that is useful for interpreting the veracity of other data provided by an examinee during a psychological or neuropsychological examination. This assessment can assist in evaluating and making a clinical opinion regarding the veracity of an examinee's purported symptoms. Research has determined that this tool is a useful instrument to administer in order to screen for possible feigning of PTSD symptoms. The following results should be interpreted in light of the fact that the measurement that was chosen is a screening tool and not designed as a definitive measure of whether or not an individual is feigning mental illness. The Veteran's total score was not elevated beyond the cut-off score. Therefore, his PTSD symptoms are considered to be credible. The veteran was administered the Minnesota Multiphasic Personality Instrument-2-Restructred Form (MMPI-2-RF), which is a self-report psychological assessment used to identify a variety of psychological syndromes. The veteran was provided a quiet, private room to complete the testing. It appears the veteran understood the items and responded to the items in a consistent manner. The veteran over-reported psychological dysfunction, which is evidenced by a considerably larger than average number of infrequent responses. The veteran also possibly overreported symptoms associated with non-credible memory complaints. Although there is evidence of over reporting of symptoms, the profile is considered valid and will be interpreted. Overall, the veteran endorsed considerable emotional distress that is likely perceived as a crisis. The veteran reported feeling sad and dissatisfied with his currently circumstances. He reported a lack of positive emotional experiences, a lack of energy, and a lack of interest in activities. He also reported experiencing various negative emotional experiences including anxiety, anger, and fear. The veteran also reported a significant history of antisocial behavior. This behavior includes involvement with the criminal justice system, difficulty with authority figures, conflictual interpersonal relationships, impulsivity, juvenile delinquency, and substance abuse. The veteran also endorsed various unusual thought and perceptual processes. The veteran endorsed a diffuse pattern of cognitive difficulties including memory complaints. He also reported past suicidal ideation and feelings of helplessness. The veteran endorsed feelings of anxiety, being anger prone, and experiencing multiple fears that restrict his activity inside and outside of the home. He also reported being unassertive and shy. The veteran endorsed not enjoying social events and avoiding social situations. He also reported disliking being around people. On a scale of personality pathology, the veteran endorsed being self-critical and guilt-prone. He also endorsed being pessimistic and feeling depressed. The veteran is currently diagnosed with Posttraumatic Stress Disorder and Opioid Use Disorder, Severe, In early remission, on maintenance therapy. The veteran currently lives alone and is not involved in a romantic relationship. He maintains phone contact with his daughter. He has a close relationship with his mother, sister, and two friends. He is currently working for his mother's company. He reported experiencing symptoms of PTSD. He is attempting to cope with his emotions without the use of drugs. The veteran has been employed numerous times and has been fired for tardiness or alcohol and drug use. He is currently working 5-6 hours per week for his mother's company. According to the previous C&P exam, he is not able to work many hours due to not being permitted to work inside of a bank due to his felony record. The veteran reported that he was "working" during his 10 years in prison selling drugs. He denied having any difficulties while in prison. The veteran is capable of following instructions and performing simple tasks. He is able to concentrate on a simple task and respond appropriately to coworkers and supervisors. /es/ ALLISON C HOULE, PHD C&P Psychologist

Should the VA have inferred my claim was automatically IU without asking for it? I am 70 SC for PTSD and 20 SC Back condition as of March 31st this year. Can I file NOD stating that this should have been an inferred claim. I currently have a claim for increase in for those conditions.

The VBA has requested my medical history from the VA. I know it takes a while for the VA to move, and so I got a copy of my file, how do I submit the request. I stopped by the BVA and the lady said I needed the paperwork regarding the request. I never received any paperwork...

Boy, this topic started one helluva crap storm! Didn't mean it to. I did file the compensation paperwork on 5/22 and 5/30. The VA consolidated the claims and I have two C&P's, June 20th, and June 22nd. Any suggestions? BTW How do I let the VA know that my employment is sheltered?

Yes i am. And thanks, I'll check it out.

How Can a Veteran Earn an Income while Receiving VA TDIU Benefits? To answer this question, we need only look to the law. For those of you that don’t know what TDIU is, I encourage you to read this post to get a basic understanding of the 2 types of TDIU Benefits. To those of you trying to win your VA TDIU Claim, I encourage you to consider whether a copy of the VA TDIU Field Manual, or the VA TDIU eBook Package – will help you understand and improve your VA TDIU Claims. 38 C.F.R. §4.16(a) – the section of the Code of Federal Regulations that states the requirements for eligibility for TDIU Benefits, states the following: Now, as I’ve discussed before on the Veterans Law Blog, the law does not clearly define what substantiall and gainful occupation is. But the law DOES define what Substantially Gainful employment IS NOT. Read the rest of 38 C.F.R. §4.16(a): So there you have it – the 2 ways that Veteran can earn an income while receiving VA TDIU benefits: when the employment is “marginal” and when the employment is “sheltered”. We’ll look at them in more detail, below. You might ask “Why” a Veteran is allowed to earn an income in these 2 scenarios while receiving TDIU Benefits. Truth be told, I have no clue why Congress wrote the laws this way when they wrote them – someday I’ll dig into the legislative history to understand it. But since Congress allowed it, there is NOTHING wrong with Veterans getting Marginal or Sheltered Employment income while receiving TDIU Benefits. #1: Marginal Employment & TDIU Benefits. This is the type of income that many Veterans are aware that they can receive even after being granted TDIU Benefits. Simply go to the US Bureau of Census website, and look up the “poverty threshold for one person”. (Click here to see the historical poverty ratings tables from 1959 – 2015). You will see that, for 2014, the poverty threshold for one person is $12,316 per year (if you are under 65), or $11,354 (if you are over 65). Each year, the VA will ask you to verify your employment (or lack thereof) to determine whether you are eligible to continue to receive TDIU Benefits. They typically require that you use VA Form 21-4140 or 21-4140-1 to do this report. If you indicate in this form that your income is higher than the poverty threshold, a proposal to reduce your TDIU benefits will be forthcoming. It’s one of the few times that the VA acts with a sense of purpose – when they want to STOP paying you WHY ARE YOU GUYS GIVING ME BAD INFO? WTH!.

and should i have an affidavit drawn up explaining it is a family business? I still make under the 12,300 and some odd dollars allowed by law.

is that gross dollars, buck?

i do not have the work credits

Gastone, id you look at my initial question, I state this. Will i have another C&P ? My last ones were in march and may.

No. There was no inferred claim. I was satisfied with my rating at first. But as therapy drags on and the fog begins to clear from the years and years of drug use, my symptoms are worsening. I just need time to get well. IU would allow me to have to not worry about my bills and focus all my attention on getting better.

What is IU? Individual Unemployability allows VA to pay certain Veterans at the 100-percent disability rate even though their service-connected disabilities are not rated as 100-percent disabling. Veterans may be eligible for this rating increase if they are either unemployed or unable to maintain substantially gainful employment as a result of their service-connected disability (or disabilities). What is substantially gainful employment? Substantially gainful employment is simply full-time employment that provides a wage greater than the poverty level. (Note: In 2014, the U.S. Census Bureau considered a poverty-level, yearly wage for a person under the age of 65 to be $12,316.) For instance, if a Veteran has been trained to drive a truck, but can’t work because of service-connected back and stomach conditions, he or she may qualify for IU. Are there any other eligibility requirements? In order to qualify for IU, you must have one of the following: 1) a 60-percent or more disability evaluation based on a single service-connected disability or, 2) a 70-percent combined disability evaluation based on multiple service-connected disabilities, with at least one disability rated at 40 percent or more. In these cases, VA will consider a Veteran’s eligibility for IU, if there is evidence showing he or she cannot work due to service-connected disabilities In both instances, VA reviews all the evidence of record and decides if a Veteran’s disability is, by law, severe enough to grant IU. Let’s use a hypothetical situation. Say a Veteran claims he can’t work and doesn’t understand why he isn’t getting IU. He is service-connected at 30 percent for post-traumatic stress disorder (PTSD) and 10 percent for irritable bowel syndrome (IBS) Since the Veteran has only two service-connected disabilities, both the Veteran’s PTSD and IBS have to be evaluated at a higher combined rate and be the reason he can’t work to receive IU. How is the way VA decides total disability different from other agencies? The law requires different criteria for other government agencies that process disability benefit claims. The Social Security Administration, for example, requires a claimant to be totally disabled after considering age, education, and prior work experience in order to be eligible for social security disability. VA only considers service-connected disabilities when considering entitlement to IU, and those disabilities must be the reason the Veteran can no longer be gainfully employed. IU is meant to compensate Veterans unable to work because of service-connected disability or disabilities that do not meet the VA Rating Schedule requirements for a total evaluation at the 100-percent rate. If you think you fall into this category, I encourage you to work with a Veterans Service Organization, a state or county service officer, or see your public contact team at your nearest regional office. You can also find more information on our IU website, http://www.benefits.va.gov/compensation/claims-special-individual_unemployability.asp. I am also happy to answer your questions in the comments section.

i make less than the fed poverty level

also I work for family 10 to 15 hours a week. It isn't gainful and I suspect it ore so that my family can keep an eye on me. Will this be a problem? I make roughly a thousand dollars a month.

additionally, i want to get the VA to give me a referral for a service dog, any ideas? Who do I need to talk to? Do they do service dogs for PTSD? Or would it have to be solely for the physical disability?

I was recently SC for PTSD as a result of military sexual trauma, 70 percent, and SC for Lumbosacral strain 20 percent. I currently have a tinnitus and hearing loss appeal in. I filed a NOD and asked for DRO. Additionally I filed a secondary comp. claim for obsessive compulsive disorder and hep c, SMC for erectile dysfunction. A week later I filed a claim asking for a raise of my service connected rating and IU. Voc rehab recently declared me unfeasible for its program and I submitted the unfeasible letter as proof for my IU. Have I piled too much on too quickly? My docs at the VA are now treating me for the Hep C. MY PTSD symptoms are out of control, and I'll be attending Bay Pines in September. I feel entitled to this compensation especially in light of my symptoms worsening. Any advice on my winning my claim.m And will I have to do a new C&P considering I just had one in march? Whatcha think guys and gals?

Even DRO?

If I file an nod does that stop my rating? Or can they lower my rating? Would you appeal everything trying to seek a higher rating if you felt you deserved it?

If I appeal a decision does that stop my current rating? Or perhaps, could they lower my rating?

Do you guys think because i have secondary opiate use disorder secondary hepc will be easy to prove? What should I watch out for?