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?

[Pete53]

John:

A point of order. The only bad C&P I got was some old washed up geezer who did not do what the Rating Officer asked him to do. My experience with interns is that they like to cancel prescriptions without telling you.

Pete

[Jay Johnson]

My wife's C&P history:

1) Initial rating of 100% about two months after medical separation from the military (AmVets "fast track" program)....no C&P was given; they went off of civilian and military records.

2) She was increased from 100% to 100% P&T with A&A on a 15 min exam.

3) They lowered her from 100% to 70% because they "reviewed" her Cfile when she moved to a different RO.....they eventually gave her a 20 min C&P and was awarded 100% P&T with homebound.

Now, all of those C&Ps came with a substantial body of evidence on my part from civilian doctors, but the C&P doctors were compeletely unaware of what was in her C-file. The last one even told me to be quiet or leave and that she, "didn't care about what other doctors said".

I agree with John here...the process is compeletely subjective and totally without merit.

Edited May 17, 2007 by Jay Johnson

[tssnave]

Jay,

I don't get why the VA would "review" your wife's C-file simply because she moved to another RO. Is this SOP? And we wonder why there is a backlog of claims...........

ts

[Jay Johnson]

I didn't get it either, but what can ya do:-)