ptsd Need Help With Nod For Ptsd

[iraqx2]

This is a followup to my previous post from December. I am currently at 40% ( 30% back, 30% PTSD ). I had an appointment to C&P that was initiated by the VA back in November to reevaluate my PTSD. At the appointment with the DR., he stated that my symptoms has worsen and my rating my change. Supriseingly, the VRO decided quickly ( 30 days ) with a rating of " UNCHANGED ", thus no increase or decrease. They stated that I never bothered to get help since 2004 ( try getting the dam appointment ) and I seem to be doing OK because I am working ( my 3rd job in the past 12 months, being once a professional and now a clerk ). My symptoms are destroying my life and all fibers of my social skills are depleted. This is BULL!! I now have the option to appeal by filing a NOD.

Since I have no new evidence, how should I format my NOD? Should I get a second opinion? Should I get proven help with writing the NOD without any medical evidence? Should I hire a lawyer? Any suggestions would be grateful.

Thanks,

Alex

[Berta]

You DO have evidence:

"At the appointment with the DR., he stated that my symptoms has worsen and my rating my change. Supriseingly, the VRO decided quickly ( 30 days ) with a rating of " UNCHANGED ", thus no increase or decrease. "

It looks to me like the VA did not even consider his remarks-

did they in the SOC?

"my 3rd job in the past 12 months, being once a professional and now a clerk )."

Can you get yur performance appraisals and would they show how PTSD is affecting your ability to work?

Has the family made any lawperson statements as to your symptoms?

Was your medication increased or changed in the past year for PTSD?

But I have to add that the VA has a point here:"They stated that I never bothered to get help since 2004 ( try getting the dam appointment ) and I seem to be doing OK because I am working"

The VA feels that a disability must be current and continuous and that can only be proven with treatment and med records.

Even Vet Center records could help show that you are seeking help for the PTSD.

The VA justifies awards and ratings based on treatment.

You cant hire a lawyer until the NOD is filed but the lawyer would want to support that they are wrong- yet they do have a point here-

do you have any private treatment records for PTSD?

They tried to drop my husband long ago from 30 to 10% PTSD-

he had monthly Vet center and VA shrink sessions.

His shrink at that time could not medicate him (VA employee psychologist)and didnt document much- however-

my husband had consistent treatment for PTSD as long as I knew him-

within 3 years after VA attempted to drop him, the medical evidence revealed his PTSD was 100%- so it can get worse-not better-

but it takes the paper trail of treatment records to prove that.

A good independent medical opinion from a real shrink could help you here- that could be costly but it might take that-and the results of the many PTSD shrink tests results to prove to VA that you have gotten worse.

By the way- 30% and 30% equals 40% in VA math? is that right?

Edited December 27, 2007 by Berta

[iraqx2]

Thanks for the response Berth. Should I start with writing the NOD and include on my points anyway?

[mymissie]

This is a followup to my previous post from December. I am currently at 40% ( 30% back, 30% PTSD ). I had an appointment to C&P that was initiated by the VA back in November to reevaluate my PTSD. At the appointment with the DR., he stated that my symptoms has worsen and my rating my change. Supriseingly, the VRO decided quickly ( 30 days ) with a rating of " UNCHANGED ", thus no increase or decrease. They stated that I never bothered to get help since 2004 ( try getting the dam appointment ) and I seem to be doing OK because I am working ( my 3rd job in the past 12 months, being once a professional and now a clerk ). My symptoms are destroying my life and all fibers of my social skills are depleted. This is BULL!! I now have the option to appeal by filing a NOD.

Since I have no new evidence, how should I format my NOD? Should I get a second opinion? Should I get proven help with writing the NOD without any medical evidence? Should I hire a lawyer? Any suggestions would be grateful.

Thanks,

Alex

Alex,

If you have 30%-+-30%

You have a 50% Disability- So if that info is correct-Write them a letter-Showing their mistake in the % !!! They OWE YOU SOME MONEY!!!

[Berta]

thanks my missie- I thought I was going nuts when I saw the 40%

Alex- you can send the NOD but I firmly believe referring to and attaching something with an NOD- any type of evidence at all-

Do you have a copy of the doctor's report-in which he said your PTSD was worse? If not by all means get a copy of it and refer to and attach it to the NOD.

In a separate letter (which they will send over to Finance)- question the way they are paying you-as mymissie said.

Have they included extra for your dependents?

You can check the historic comp rate schedule at the VA web site -

they made a mathematic error of over 40,000 on one of my past claims-

it pays to check everything

[iraqx2]

Sorry, I checked and my back is 20% and not 30%. I also had a knee that was diagnos by VA and rated at 0%. Must be my PTSD kicking in.

[Pete53]

I think that you should consider asking for a DRO Hearing and go and meet with the rater face to face. Every time I had a hearing excet the last one it helped my claim.Explain to the rater that your C&P Doctor stated that your condition had worsened and that you should be rated at least 50% for PTSD. If you were not working you should be 100% something to consider if you are having problems at the job.

Good Luck