ptsd 100% Schedular Ptsd No Longer Awarded?

[vasolas]

Please forgive my long-windedness but I'd really appreciate your advice, thoughts and opinions also I guess this is letting off steam for me.

I'm a Vietnam infantry vet and I served as a spotter on a sniper team. I've had about 16 years of intermittent private psychotherapy and continuous VA treatment since 2001. My ptsd claim included an '05 "PTSD Evaluation" from a private psychologist that I've seen weekly for almost 9 years. (it was very detailed but I'm only outlining here) It noted that I had chronic suicidal ideation, homocidal thoughts and that I was a risk to do harm to myself or others. It diagnosed ptsd chronic, severe and major depression, recurrent. It noted that I was medically retired due to ptsd and stated that, due to ptsd, I was totally and permanently disabled, unemployable and unlikely to improve. It assigned a GAF of 30. Also I had included supportive reports from a private social worker, psychiatrist, and former employer that documented my treatment for ptsd going back to 1990 as well as more recent progress notes from my VA hospital.

The VA C&P psychiatrist diagnosed chronic ptsd & major depression recurrent and severe. His report described me as a "hermit" who is "severely impaired socially and vocationally". He wrote that "It is unlikely that this man could ever function in any kind of work capacity at this time". He assigned a GAF of 35.

I'd expected to be awarded 100% schedular ptsd but in June 05 I received 70% and IU was deferred. I filed a NOD with a personal narrative that described how my symptoms had worsened and how they approximated the General Rating Formula for Mental Disorder's criteria for 100% schedular disability. Included was a copy of my recent SSD award due to ptsd, a progress note from a VA psychiatrist that stated that I was "considered totally and permanently disabled for gainful employment", 3 more progress notes all with GAF's of 30, plus other supportive documentation.

In late March 07 I received a SOC that continued my 70% and ignored most of my evidence that supported a grant of 100% schedular. It cited 9 pages of VA regs and 1 of reasons and bases. The R&B's described me as having mild to moderate daily dysphoria, moderate social anxiety symptoms (I've been a hermit for years inorder to cope with severe anxiety,depression and to avoid conflict with people), no violence toward people (my personal narrative described one of several such incidents in which I had crawled with loaded weapon to a car that had stopped at night in the boonies where I live - my VA psychiatrist hadn't quoted this incident directly in his report but had referred to it as an example of my "perpetual combat behaviors"). The SOC also stated that I denied suicidal or homocidal ideations (the preponderance of the many documents I'd sent noted chronic suicidal thoughts (w/o intent) and at least 2 of them reported homocidal thoughts). The SOC selectively plucked from the many documents I'd sent any positive reference to myself and ignored the statements that were supportive of a 100% schedular rating. For example, It used against me one sentence from a report that noted that I had helped to care for my terminally ill father but it made no reference to my occupational impairment, my consistenly low GAF scores and I was not offered another C&P.

I would greatly appreciate any advice, thoughts or opinions about my case and how I might best present my appeal for 100% schedular to the Board (my deadline is near). Perhaps I should be satisfied with 70% and the possibility of IU especially since so many deserving vets aren't even awarded that, and I know that it is now very difficult or perhaps impossible to be granted 100% schedular, but it is a matter of principal to me since I believe that my war-related mental disorder has rendered me 100% disabled.

Also is it possible/likely that VARO will deny me IU when I apply or order me to a C&P for IU? If it is awarded would it be retroactive to my original claim date-June 05?

Incidentally, I believe my claim for 100% schedular would have been granted 6-10 years ago despite the requirement of having psychotic symptoms per the General Rating Formula. I'm aware that VA has been criticised for spending so much and awarding so many 100% schedular awards in the past but I'm not aware of any published documents that have directed VA to limit granting such awards. Does anyone know of such directives or of any VA watchdog who has revealed them?

Does anyone know of anyone who has received 100% schedular ptsd in the past year and of the basis for that award?

Has the VA completely stopped awarding 100% schedular for ptsd?

[Former Member]

Did you file a TDIU claim or are you asking specifically for 100% schedular?

I am surprised that VA has not sent you a TDIU form (21-8940) by now. I will attach it-

they said they "defered " this issue -so it could be in process- however-

Under # 18 tell them Yes and then under Remarks tell them you get SSA solely for PTSD (if it is solely for PTSD) and then tell them of any side affects of the SC meds that would render you unemployable and refer also to the evidence that you already had sent-indicating your SC has made you unemployable.

Will attach in next post-cant do that on fast reply.

[Former Member]

Did you file a TDIU claim or are you asking specifically for 100% schedular?

I am surprised that VA has not sent you a TDIU form (21-8940) by now. I will attach it-

they said they "defered " this issue -so it could be in process- however-

Under # 18 tell them Yes and then under Remarks tell them you get SSA solely for PTSD (if it is solely for PTSD) and then tell them of any side affects of the SC meds that would render you unemployable and refer also to the evidence that you already had sent-indicating your SC has made you unemployable.

Will attach in next post-cant do that on fast reply.

PS-tell them the date of unemployability that SSA gave you too- and attach copy of the award letter-

TDIU_form.pdf

[john999]

I would have my shrink write a letter in which he states that you unemployable due to your PTSD. This combined with the SSDI date should at least get you TDIU. You should have gotten 100% schedular but they are playing games with you. The VA danced around my IU claim as well. I got 70% and then they were saying that I was unemployable for other reasons even though my SSDI said for service connected reasons. The way I got my IU was to have a psychiatrist say I was IU in definite terms. You have to sometimes have a doctor say it before they will listen. No doubt in my mind the VA is just trying to put you off on this so don't give up.

[Pete53]

VASOLAS:

Welcome home to Hadit and thank you for your Service to America.I really don't know the answer to your question. I am 100% Scheduler P&T for panic disorder and I still am amazed that I was given that and not TDIU.

Many who discuss 100% awards here believe that it actually better to have 100% TDIU P&T than schedular. My sense is that you can still get what you want and I bet I know what it is. You want the government to admit that you were injured when you served.

Anyway hang around and I am sure that besides the good advise already given there will be more to come.

Pete

[Jay Johnson]

Vasolas,

Couple things here:

1) Unless I'm reading you wrong, you're primary evidence is from a "psychologist" and NOT a "psychiatrist"? If so, the RO will give this little to no weight regardless of how many opinions that doctor sends in. You need a psychiatrist to make that diagnosis (especially if using an IMO).

2) The VA is getting killed with PTSD claims and they are discriminating against PTSD vets imo. They attempted to lower my wife from 100% to 70% with a 10GAF, but we appealed and won.

So, it sounds like you have a solid claim for 100%, but you're applying in a time when I think the ROs are being pressured into not paying out what they should. But, as the recent independent report on PTSD showed, there is blatant discrimination against vets with mental disorders....lose an arm or leg in the military and your claim is golden...you can be 100%+ and work and live a great life......ruin your most vital organ and they put you through hell, call you a liar and low-ball claim after claim all while you live a horrible life in which you can't work, can't be social and often become separated from friends/family.

Appeal the claim and don't stop until you get that 100%...if anything, from the sound of your symptoms/diagnosis, you should be 100% + homebound.

Good luck.

[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

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[jbasser]

Vasolas, just get your doc to write a note that you are not able to work due to your SC PTSD. You can have a Denoveau review of the file at the RO. You should win this one at appeal.

[Vike17]

Vasolas,

You said in June 2005 you were awarded 70% but IU was deferred. Have you received a a decision on that issue yet?? It's going on two years and that is an awfully long time for a deferred claim to still be pending. Another thing I noticed is that you received a SOC in March 2007, probably due to the NOD you submitted. Normally, the VA will decided any issues/claims that are still open before they will work an appeal, thus leading me to either think they decided your IU claim somewhere in beteween June 2005 and March 2007, or they dropped the ball and haven't addressed that issue yet. Also, depending on what day in March you received the SOC, your 60 days to submit any "new" evidence or VA Form 9 to "prefect" your appeal is running REALLY short. So please keep this in mind!!

If the VA did drop the ball and somehow forget your deferred IU claim, the effective date is still the date you originally submitted the VA Form 21-8940. So you won't loose any retro if this is the case. As far as a C&P exam, the VA will proabably set you up with one since it has been over a year since your last one.

I did notice you also said;

"Also is it possible/likely that VARO will deny me IU when I apply or order me to a C&P for IU? If it is awarded would it be retroactive to my original claim date-June 05?"

Did you even apply (send in VA Form 21-8940) for IU???? If you didn't apply for it, the VA could in your case "infer" the issue of IU because you meet the schedular requirements of IU AND your records reflect you are currently unemployed due to your srevice-connected PTSD. However, if the VA still inferred the issue of IU, you still need to submit VA Form 21-8940 so they can continue to process the claim.

Did you request a DRO review in yor NOD?? Did you have a hearing with a DRO to personally present your case?? These two could have certainly helped your case out. If you didn't have a DRO review of your claim, then you passed up a chance to have a more experienced rater look at your claim with a set of 'fresh eyes." Your only option now since that you have received a SOC is to either submit "new" evidence and wait for either a grant in benefits sought or a SSOC, or perfect your appeal by sending in the Form 9 and have your case go to the BVA. Based on the information you posted, a DRO probably would have overturned the prior decision and awarded 100% schedular.

"Incidentally, I believe my claim for 100% schedular would have been granted 6-10 years ago despite the requirement of having psychotic symptoms per the General Rating Formula"

Why didn't you apply 6 to 10 years ago??

Oh, by the way, this may be hard for you to believe with the sutuation you're in but your question;

"I'm aware that VA has been criticised for spending so much and awarding so many 100% schedular awards in the past but I'm not aware of any published documents that have directed VA to limit granting such awards. Does anyone know of such directives or of any VA watchdog who has revealed them?"

there isn't any such directive. The amount of money granted for disability compensation does not have an affect on any disability award. Now some will swear on a stack of bibles that there is a conspiracy by VA to low-ball veterans' claims or outright deny and dely claims, but the simple truth is these are just common myths about VA and hold no water.

Vike 17

[john999]

It is not the diagnosis that counts for a higher rating but the symptoms. If you have manic depression but you are able to work you will not get as high a rating as someone who has agoraphobia and is unable to leave the house. If you have schizophrenia but are able to do yard work for money you will not be rated as high as someone with OCD who can't keep a job because of symptoms even though the OCD is a neurosis and the schizophrenia is a pyschosis. With mental disorders it is all about being able to work.

[carlie]

Army,

You posted,

"They will not and cannot justify a higher award without additional paperwork."

May we agree to use the word evidence here instead of paperwork ----- because

most of us already have or had a boatload of paperwork --- a vet needs the right evidence,

EVIDENCE WINS CLAIMS.

jmho,

carlie

[Jay Johnson]

Funny, from the director of the Seattle RO, "The VA has been a bit liberal, of late, in granting 100% for PTSD and many 100% ratings should be 70% or lower." (in response to why they attempted to lower my wife from 100% to 70%). Furthermore, a friend of mine in the Oregon RO (schedules and works with BVA for that RO...or did, until he retired a few years ago) had told me, "with all of the vets coming back from iraq, the ROs are cracking down on PTSD cases".

To boot, we have an independent commission which, in effect, said that the VA is not properly rating PTSD cases. On top of that, the VA's own regs, on this matter, are clearly being violated here and in most cases. Stop apologizing for them.

As a side note - What enables the VA to low-ball PTSD claims (aside from vets working against vets) is that PTSD is episodic in nature. Now, the VA is "supposed" to take the veteran's low points and assess how often those low points occur; instead, they cherry pick the high points and use it as a basis to brow beat the veteran into a lower claim. I've seen this happen in almost every PTSD claim I've ever seen, including my wife's. It's a horrible, inhuman tactic with the expressed purpose of low-balling veteran's with PTSD.

John’s opinion on this is exactly the problem stated above and shows just how much we’ve allowed the VA to beat PTSD vets down. Just because a veteran can do yard work (or any other periodic work, including seasonal paid work) is NOT a basis for a lower rating. PTSD is fraught with highs and lows and most PTSD vets are able to do such things from time to time. The VA “should” be looking into how often the vet relapses into severe depression/anxiety/etc and THEN figure out whether reasonable employment is likely. A veteran that relapses even once every 6 month is NOT going to be able to maintain gainful employment….no employer is going to let an employee take a week or two off every 6 months because they’re anxious/depressed/angry etc.

Anything under a 40 GAF is total occupational disability by DSM standards, which should qualify any veteran for IU, but the VA often ignores GAF scores and/or takes only the highest GAF on record into account. This is a blatant, and intentional, disregard for a veteran’s condition and no psychiatrist on the planet would think otherwise.

P.S. – My current psych professor used to work for the VA. He quit to teach because he was, “sick of working for them….there was constant pressure to word things in ways to keep claims low and they would often ask me for opinions about patients that I’ve never seen, nor had any business diagnosing……..they just wanted my signature in order to deny a claim”. I’m sure this isn’t the case in every RO, but it happens and happens often (this guy worked in two separate ROs in his time working for the VA).

[Testvet]

I was awarded 100% P&T for PTSD on April 3 2006 with an effective date of Dec 2003, this was after a three year battle where they first awarded 50% for PTSD and denied all other issues, I filed an appeal and after a few more letters and lies they granted the PTSD claims and lied again and closed all the other issues again, they are all on appeal yet they can't produce the document they claim I signed agreeing to a "let's make a deal" game that I never agreed to. Let the BVA figure it out. I had three years of GAF's in the 30-40 range and 2 annual statements "that this veteran is totally and permanently disabled just by the symptoms of his PTSD, despite the other medical issues he is dealing with, it is my opinion that due to his PTSD he will never be employable again considering he has been living with PTSD for three decades and it is only deteriorating". This was done by the Chief of Clinic in Augusta Ga, and is a psychiatrist, not a pyschologist.

[vasolas]

Thanks to all for your replies - this is very helpful. I hope you will respond further when I answer the questions you've asked.

Pete53 it sure feels good that you understand why I've held out for the 100% scheduler rating. I guess I did it more out of anger/passion than intelligence.

I haven't yet sent the application for IU but will in the next couple of days. I believe I can get an IMO from a psychiatrist that states I'm unemployable (thanks to several of you who suggested that). It will have to be mailed after I've sent the IU application due to fast approaching 60 day deadline since the SOC. Do you see any problem with sending the application for IU at the same time as my Form 9 substantive appeal or in the same envelope? If IU is awarded, I wonder whether it is likely to be granted as of the date of the application or inferred from evidence in my original claim - the C&P psychiatrist had written that I was severly impaired vocationally and stated "It is unlikely that this man could ever function in any kind of work capacity at this time". My paranoid self wonders about the conflict in grammer in that statement. Is the "at this time" part a code, whether intentional or not, that cues the RO to order a C&P to determine my unemployability?

Also I wonder why some believe IU is better than 100% scheduler? Is it because you think IU is more convincing for SSD or for other reasons?

J.J. you're right that my strongest evidence was from my psychologist's IMO and I've come to agree with you that their reports are ignored by VA. This must also be true of non-VA social workers and counselors? I can understand that they also ignore personal statements especially when not supported by or contradicted by VA treatment personnel.

As John999 pointed out, it is more about documented symptoms and inability to work than diagnosis. I don't present my symptoms well to the VA treatment providers (and that is on me). I am by nature stoic and quiet and don't want to appear to be a crybaby. I know this is not practical when applying for a claim but I've had trouble overcoming my own nature. I am able to present my issues in writing. As to work, I began working at the legal age while in highschool and worked my way through college prior to the war. Since the war I've worked fulltime only 10 of the 36 years. There have been 9 years with no employment but most of the rest I managed to work part-time. A psychiatrist's 1990 IMO documented that I'd only worked F/T 4 years since the war at that point. It was submitted with my '05 claim. I stressed poor work history in the narrative of my NOD, and it was firmly stated in my psychologist's IMO - for what that was worth. Should I submit a SSA statement of earnings? It would show earnings but wouldn't directly indicate how many years were part-time.

I'm realizing that my claim had some major shortcomings. While the VA hospital reports gave me a solid diagnosis and consistent GAF scores of 30 & 31, they were inconsistent in describing my symptoms, and their Mental Status Exams were always identical and with no indication of disorietation etc. No doubt their MSE's were preprogrammed so the psychiatrist could knock out a quick report. In fact, after leaving his office and walking to the release of information building his reports are always already there. I know that writing a good report is time consuming and stressful especially with a large caseload but am still disappointed, to put it mildly, that I was unable to consistenly assert the severity of my symptoms and they weren't able to consistently discern them. The first hospital report was more of a comprehensive evaluation. It did strongly assert my ptsd symptoms and gave a GAF of 30. It was done by a physicians assistant who is a Vietnam vet. Another of his reports noted that I'd carried a pistol to a Christmas dinner and it assigned a GAF of 25. But the following progress notes from the psychiatrist were not as detailed and thereby may have given the impression that my symptoms were no longer as severe as they once were. I do believe that rating specialists may now tend to give more weight to MSE's than to low GAF's.

Thanks Vike17 for your thoughtful analysis of my case. My NOD did request a DRO and I assume the SOC was done by or under the supervision of the DRO. I didn't request a hearing as I tend to lockup and become stoic under pressure and I wasn't confident that that would go well for me, also I had no reason to believe my service officer was very interested in my case. In hindsight It would have been better if I was able to establish a relationship with a better VSO. You are right to take me to task for not applying 6-10 years ago. My "incidentally ... " comment was speculative and referred to water over the dam, but I am fascinated by the internal workings of the VA and how it can be influenced by public or governmental scrutiny. For example, Mobie16r had quoted a "letter sent to VA rating officials". In fact his quote was taken from a transcript of a satellite broadcast, "PTSD: Improving the C&P Process to Better Serve Our Veterans - February 26, 2001. Presented by VHA and Employee Education System". It's target audience was "raters, examiners, Mental Health/Readjustment Counseling Service providers, VBA and VHA Networks and Facility Directors". It was accompanied by a 50 page booklet that highly encouraged the above people to more fairly interpret and judge ptsd claims. It covered diagnosis, assessment, gaf's, C&P initial ptsd evaluations, review exams for ptsd, the General Rating Formula for Mental Disorders (to more fairly interpret the extremly strict criteria for 100% scheduler) etc. No question this very comprehensive guideline was intended to better serve veterans. Subsequent to it in the years after 2001, there was the enormous increase in grants of 100% schedular ptsd and IU. I'm just saying that there may have been a causal relationship and I assume that as more and more vets received awards that more and more applied. I'm also assuming that this generosity came to a screeching halt at some point. Perhaps I'm only projecting from the relative lack of success of my own claim - does anyone know of any evidence that grants of 100% schedular and/or IU are decreasing? If they have decreased significantly, I think it would be reasonable to wonder whether there was some directive or more likely some broadcast, conference call or internal guidelines that encourage the above mentioned people to tighten up their interpretation and judgement of ptsd claims.

Also I'm still interested whether anyone knows of an incidence in the past year where a grant of 100% scheduler ptsd was awarded and the basis for it?

I better quit speculating and get to work on my IU application and on completing my substantive appeal for 100% scheduler ptsd.

I'd greatly appreciate any further advice, thoughts or opinions that you have.

I just noticed JJ's recent post and Testvet's. I assume Testvet that your 100% P&T is not an IU award but schedular? JJ your rightous post expresses remarkable empathy with the frustration, resignation and discouragement that I've been feeling. I appreciate your insights into the waxing and waning of symptoms, the relapses etc. I've been dealing with depression since the war. I'm at a low point now in part due to my father's recent death. I'd stayed nights with him sleeping with one eye open, as we once did, to respond to his cries for help. The VA psychiatrist and PA have documented this as a "normal grief reaction" and prior to that they had begun to diagnose dysphoria instead of depression. Sometimes even discribing it as "mild to moderate". It is discouraging that they do not recognize complex ptsd when they see it. Perhaps I've been too apologetic in this post. Thanks

[Pete53]

Your on the right track. Sending in the TDIU with your Form 9 is fine. Be sure and comment on the Form 9 how long it has been since you last worked and earned a regualr amount. Part time work usually does not count.

You are not alone. Many here have taken the journey you are on and if you don't panic and don't give up you have a winner.

Your Hospitalization is going to make you win your claim.

[Vike17]

vasolas,

I wasn't trying to take to task with not filing 6-10 years ago or anything of that nature. It just struck me at that time because you lost 6-10 years of monetary benefits that you were due!

The problem I see with your claim, and you mentioned it in your previous post, is

"I don't present my symptoms well to the VA treatment providers (and that is on me). I am by nature stoic and quiet and don't want to appear to be a crybaby...I'm realizing that my claim had some major shortcomings. While the VA hospital reports gave me a solid diagnosis and consistent GAF scores of 30 & 31, they were inconsistent in describing my symptoms, and their Mental Status Exams were always identical and with no indication of disorietation etc"

This tells me that the VA proabaly made the correct decision based on the symptoms you presented to the examiner. I also say this because, first, the RVSR (possibly a Coach also) looked at your claim, and second, a DRO and possibly the Coach at the Appeals Team took a look at your case and decided the same thing. One other thing to keep in mind is that a GAF score alone does not dictate a rating. This is a claissic example of where the GAF score doesn't match up with the symptoms presented and the subsequent write-up. The decision maker must ultimately assign an evaluations based on the symptoms of the veteran, not a GAF socre. For what its worth, I've seen veterans receive a 50% evluation for mental disorders with a GAF of 65. The evaluation is based is based on the overall symptoms. Also, keep in mind, the 70% evaluation criteria has "severe occupational and social impairment" as does the 100% evaluation.

As far as the letter you mentioned from Feb. 2001, even though I haven't read it, I suspect the intent of it was to have the treating physicians more accurately document the symptoms and progress of PTSD and maybe all mental health patients so the Regional Offices could make a more accurate evalution based on their write-ups. If I'm not mistaken this was brought upon in part by the large increase of 100% evlautions being awarded from 1999 onwards (same goes for the IU veterans). This pamphlet wasn't meant to set any agenda or anything.

One other thing to keep in mind is that a 100% evalution due to PTSD, or any mental health disability for that matter, is actually more rare than one thinks. The 100% evaluation borders with being institutionalized or in the constant company of another person for care. Just look at some of the symptoms and you'll see what I mean. I'm not saying by any means that you do not meet the criteria for the 100% evlaution or anything along those lines, I can't say one way or another because I haven't seen your C-file and I'm noy a shrink, but keep in prespective that the 100% evlaution is a rare bird when asking if someone has recently been awarded it. In the whole population of disabled veterans, which is at about 2.8 million, only about 70,000-75,000 have a 100% schedular evaluation based soley on PTSD, not because of some conspiracy by VA to "low-ball" veterans evlautions, but because those symptoms are actually rare.

If I were you I would as Pete said submit the IU form along with the Form 9. By doing so, your appeal will be held up until the RO decideds your IU claim.

Vike 17

[Jay Johnson]

GAF is one's "overall" symtpoms and speaks directly to social and occupational impairment. It is also a method used around the world by the most respected psychiatrists on the planet. In short, it is *the* standard for psychological evaluations, but the VA likes to ignore it because psychiatrists tend to call it the way they see it. ALL of the symtpoms listed are conducive of a GAF below 40 and 25-31 sounds dead on by DSM standards (according to the symptoms you've listed).

[Jay Johnson]

By the way, 100% PTSD is rare, because the VA has ridiculous standards. Vike is right in that one must be practically institutionalized in order to qualify for that rating, which is blatant discrimination against vets with mental disabilities. A physically disabled vet can be 100% disabled while living a, relatively, normal life.

[sixthscents]

Army,

The VA cannot rate each individual mood disorder. By CFR 38 it would be pyramiding, so they can rate you for PTSD, and take into consideration the other diagnosis while making the rating but thats it. PTSD is classed as an anxiety disorder - but I'm no shrink so who knows. The VA is SUPPOSED to consider the highest rated disorder, and thats what they actually compensate you for.

Further - They have stereotyped and lumped combat mental problems into PTSD

Well, it is Post Traumatic Stress Syndrome..... combat mental problems are obviously traumatic, and post apllies, so what would you have them do? Honestly, its a rational system if used correctly. I am not stating that it is or is not used correctly, but how it is laid out makes perfect sense. In fact, I can think of no other way to do it.

I am not trying to score points here off of you but I dont understand what you would prefer happen. The pyramiding rule applies to all injuries, not just mental, s its not unfair in that aspect. So, help me out here I dont understand.

[sixthscents]

I am 100%PTSD,as long as you can prove a stressor,ther Is no way,va can deny you PTSD,hospital records support a stressor.I WAS 6 months In hospital,for infection In ear,that went Into heart,under 3105a,hospital records will be accepted as proof to support clear unmistakable error,as well as In the line of duty,please read 3105a,you records might hold information,to support a clear unmistakable error,3105a,has several ,listed accepter as evidence to prove your claim

OK, I am getting sick of your prattle about this 3105a. 1st, Army and I were discussing the merits and differences in the VA's PTSD rating system. He has a valid point, and since I DONT suffer from PTSD I can and do see his point, and weigh it more than my own. For your information Army already HAS a stressor, or nexus. The guy has a purple heart.... while he and I disagree from time to time, he is a fine veteran, and FULLY capable of handling his claims just fine. He asks for help on certain issues, and offers advise on certain issues... but he doesnt need to prove a stressor, and I doubt his claim can go back 10 years based solely upon section 3105 (a) of CFR 38.

So... hush! Unless you have something real to offer.

[LBM56]

I have been reading this posting with great interest. I have been rated within the last 2 weeks at 100% with severe post traumatic stress disorder due to combat exposure and stressful incidents in Vietnam. My C & P also states my symptoms are directly linked to anger issues, isolation, and nightmares, which effect my employment, social and family life to a significant degree. The xaminer gave me a GAF score of 35, which by he way was the 2nd score of 35 I have received over a 18 month period. After all of this and after 3 years of intense treatment my rateing is not considered permanent and I am up for a future examination in 3 years. PTSD is horrible and effects everyone. My wife probably could get a low GAF score yet the only benifit denied my without the Total and Pernanent statue are the benifits for her.

The VA does give 100% when warranted. They just don't reconize the suffering of the families.