ptsd Suggestions On How To Proceed

[John Purser]

Okay, the real world facts are I was injured in a jump accident in '85 and messed up my lower spine. Surgery, rehab, the works. No SC question about all this. The upshot was chronic pain that has gotten worse over the last 20 years resulting in my being unable to get out of a recliner long enough to hold a regular job.

Another real world fact is that the VA doesn't consider pain to be a problem for back injuries when it comes to rating for compensation. As a result I'm stuck at 20% compensation with no job and no prospects.

I've also been diagnosed and treated for depression and PTSD, both by the VA and both with a service connection but only after I left the service. My VFW rep seems to be reluctant to file on these claims but a fellow service member is telling me that's crazy, I should file for anything with a valid basis to it.

Thoughts, suggestions, experience? Which way should I go on this?

Thanks.

John Purser

[Berta]

John- I see 40% what is the other SC disability?

I posted a reply at your other post-

maybe this will help---

If a veterans disabilities render them unemployable they are considered TDIU-

meaning the comp is the 100% rate for Total Disability Due to Individual Unemployability.

I will attach the TDIU application- # 18 tell them yes if you get SSA for disability or if you will be applying for it-

If you get SSA solely for VA disabilities this is excellent evidence that supports a TDIU claim.

If so under # 25- Tell them exactly what the SSA award is for and that it is for SC disabilities.

You can refer to more pages under # 25-

here-tell them what meds you take that render you unable to work due to side affects etc.

Tell them any other info that would support TDIU- any personnel records or performance appraisals that you might have gotten prior to being unemployed that show you could not work due to disability.

Are you able to obtain from a private physician any statement that would clearly show your SC conditions render you unemployable?

How about from a IMO doctor for a fee?

The fee for this type of evidence (see the IMO posts here)(Independent Medical Opinions)

can be costly- I paid $4000 for 2 IMOS----

however it can also be the best investment a veteran can make- especially of they are TDIU and the IMO supports that.

The very first TDIU check or at least TDIU retro -can often come close to absorbing the cost of one IMO.

Here is the TDIU form.

VA will not determine TDIU unless a vet is 70% or more-

however-and reps wont tell you this- a vet can apply and receive TDIU even if they have NO sc whatsoever.

It all depends on their medical evidence.

Whether you choose to file TDIU or not-

make sure you claim all potential SC disabilities and make sure to highlight right away those that are secondary to the SC ones.

Like say the meds have caused you to get GERD-tell them that-

or they cause ED- tell them that-

If you have a nexus in your SMRs or that can be verified by CURR-that caused your depression or PTSD tell them that-

if a doctor says that your depression is due to the pain from your SC disability tell them that too and try to get the documentation of that.

TDIU_form.pdf

Edited May 5, 2007 by Berta

[Josephine]

John,

You have ask for thoughts and suggestions, please do as Berta has directed in her post.

Everyone on Hadit is here to help you with a gold mind of knowledge.

My knowledge is very limited, but I do like to offer any assistance that I can.

God Bless

Josephine

[Berta]

ANy good printout like this one can be attached to the TDIU form-

and refer to it under the Remarks part:

http://www.drugs.com/flexeril.html

The known side affects support exactly what you said . Good evidence to support both SSA claim and TDIU claim.

[John Purser]

ANy good printout like this one can be attached to the TDIU form-

and refer to it under the Remarks part:

http://www.drugs.com/flexeril.html

The known side affects support exactly what you said . Good evidence to support both SSA claim and TDIU claim.

Berta,

Many thanks. I'll be digging into this as soon as the flexeril wears off and I'm conscious again. Any ideas on why my VFW rep didn't mention any of this?

John

[Berta]

John- you are the best vet rep you will ever get.

and this site will give you the best info possible on what you need to get your claim awarded-

[Vike17]

John,

You stated that you injured you rback in a jump in 1985/87 from a previous post and you are currently at 20% for this. If it has gotten worse since your last exam/rating decision, the only thing you need to do is apply for an increase in evaluation.

"Another real world fact is that the VA doesn't consider pain to be a problem for back injuries when it comes to rating for compensation. As a result I'm stuck at 20% compensation with no job and no prospects"

A real world fact is that pain in and of itself is not a ratable disability by VA. Pain that is caused by a ratable disability IS taken into account when an evaluation is assigned to a particular disability. The Lumbar and cervical spine is rated according to range of motion (how far you can bend over without pain) or incapacitating episodes (Periods of prescribed bedrest and treatment by a physician). The pain that is taken into account with the motion of the spine, or any other joint for that matter, is what is called the DeLuca crtiria. this is when the examining physician measures with a goinometer how far in degree you are able to bend over before pain stops the motion. Then he will take a second measurement to see if the range of motion is further decreased due to pain, fatigue ect... This second measurement is what the rating is based upon.

You're not "stuck" with a 20% evaulation. It is all dependent upon your range of motion or how often within the past twelve months you were actually given bed rest by a doctor.

"I've also been diagnosed and treated for depression and PTSD, both by the VA and both with a service connection but only after I left the service. My VFW rep seems to be reluctant to file on these claims but a fellow service member is telling me that's crazy, I should file for anything with a valid basis to it"

You can apply for service-connection for PTSD. Since you have a current diagnosis of PTSD. The only thing you need to show VA is an actual 'stressor' while in service tha caused your PTSD, and a shrink to make the 'nexus' or connection between the two. The shrink will need to state that you current PTSD was caused by your documented stressor while in the military. One thing to keep in mind is that VA can only compendsate for one mental disorder, so in your case the depression will be 'lumped' together with the PTSD and you'll rerceive one evaluation for both.

If you are unable to work because of your service-connected disabilities, you should go ahead and fill out the VA Form 21-8940. What will probably happen is the VA will see if your current disabilities and any new ones can be brought up to the schedular requirements of IU i.e. 60% for one disability or 70% for multiple disabilities with one of them being at least 40%.

Sending in generic medical articles from magazines or the internet are useless for a claim. The VA needs an opinion from a doctor that states YOUR current medication is the cause of YOUR claimed secondary disabilities. The Doctor should use those generic articles as a reference for why he/she came to such a decision. This would help is substantiating the rational behind his/her opinion.

You should also submit all of your calims at once and at the same time. First, this will protect your effective date and secondly, there will be alot less confusion and ultimately help speed up the process.

Vike 17