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Ptsd

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wapiti

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In 2006 I was given an initial rating of 30% for PTSD. I asked for a rate increase and had my C&P exam on 8/15/07. The doctor gave me a GAF of 35. He stated that I was totally impaired in occupational adjustment and capacity, as well as being impaired in most areas of social functioning. His current level of adjustment requires continuing psychotropic medication. The VA sent their reply on Nov. 7, 07. They denied my claim for a rate increase keeping my rate at 30%. Their reply was as if they did not read or look at my C&P exam. I talked to a VVA VSO and he told me to go to a private doctor for the PTSD exam, and then file a NOD. Does anyone have any suggestions on how to proceed next ? Thanks for any suggestions

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  • HadIt.com Elder

I would ask for a DRO Review and ask them to read the C&P that was given by their Doctor. If you are unable to work which your C&P says you should be 100%. An outside opinion may help but I think you should win based on the VA opinion. You should also ask for a full statement of the case to refute the VA decision.

Good Luck

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  • HadIt.com Elder

I agree with Pete before spending any money on priivate doctors I would go back to your VA treating doc and ask them to write you a letter or put a statement in your "notes" that they still consider you totally disabled by your service connected PTSD and do they feel if you will ever be able to return to work in the forseeable future.

I have letters like that in my VA file dated in 2003, 2004 and in 2005, in April 2006 they raised me from 50% to 100% P&T dated back to Dec 2003 just keep appealing and don't give up and keep the VA docs documenting your severity of symptoms

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Wapiti- did they directly refer to what the doctor said in the decision?

Did they list the C & P as evidence or did they totally disregard this?

Or did they put in your decision verbatim-exactly what you stated here as the C & P results?

Do you have a copy of the doctor's actual C & P results? If so- if I were you I would apply for TDIU and SSA.

I will attach the TDIU form-

when a VA doctor states what this doctor stated-the VA should give this opinion a lot of weight.

I too feel you should hold off on a private IMO and I suggest that you ask for a Reconsideration of their decision based on a copy of the actual C & P exam results, and refer to it and then attach it- along with the TDIU form.

I assume since the doc said you are unemployable-that you are not presently employed.

Based on what you wrote here- I feel their decision is absolutely absurd.

Check yes to # 18 and apply for SSA disability benefits-

and under Remarks, refer them to an additional copy of that C & P results and an additional age- put your c file number on it and tell them any other info such as how your PTSD meds affect your ability to work-

list them and attach copy of any side affect print-and how they affect you- like- do not take and drive, causes confusion, drowsiness, or sleeplessness etc.

Your rep should give you full support for filing a reconsideration request on this-

You still must make sure-if they dont handle this within the year NOD period, that your NOD is filed by the year deadline but this request could possibly render a faster and better decision.

absurd-

please feel free to give your rep a copy of my post here-

regardless of the % of any SC rating- if the evidence warrants TDIU or 100% SC- then the VA has to award it.

That decision is just outrageous.

The VA docs statement you have and even your GAF is almost exactly what evidence helped the VA award 100% up from 30% to my husband.After he had been dead for 3 years.

ALL treatment records and even his SSA for PTSD had been ignored by the VA during his lifetime.

If your Rep feels I am wrong here -let me know in this thread and I will contact him.A Reconsideration Request could turn this all around.

Edited by Berta
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ooops forgot

by the way what kind of doctor gave you the C & P?

TDIU_form.pdf

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Wapiti- did they directly refer to what the doctor said in the decision?

Did they list the C & P as evidence or did they totally disregard this?

Or did they put in your decision verbatim-exactly what you stated here as the C & P results?

Do you have a copy of the doctor's actual C & P results? If so- if I were you I would apply for TDIU and SSA.

I will attach the TDIU form-

when a VA doctor states what this doctor stated-the VA should give this opinion a lot of weight.

I too feel you should hold off on a private IMO and I suggest that you ask for a Reconsideration of their decision based on a copy of the actual C & P exam results, and refer to it and then attach it- along with the TDIU form.

I assume since the doc said you are unemployable-that you are not presently employed.

Based on what you wrote here- I feel their decision is absolutely absurd.

Check yes to # 18 and apply for SSA disability benefits-

and under Remarks, refer them to an additional copy of that C & P results and an additional age- put your c file number on it and tell them any other info such as how your PTSD meds affect your ability to work-

list them and attach copy of any side affect print-and how they affect you- like- do not take and drive, causes confusion, drowsiness, or sleeplessness etc.

Your rep should give you full support for filing a reconsideration request on this-

You still must make sure-if they dont handle this within the year NOD period, that your NOD is filed by the year deadline but this request could possibly render a faster and better decision.

absurd-

please feel free to give your rep a copy of my post here-

regardless of the % of any SC rating- if the evidence warrants TDIU or 100% SC- then the VA has to award it.

That decision is just outrageous.

The VA docs statement you have and even your GAF is almost exactly what evidence helped the VA award 100% up from 30% to my husband.After he had been dead for 3 years.

ALL treatment records and even his SSA for PTSD had been ignored by the VA during his lifetime.

If your Rep feels I am wrong here -let me know in this thread and I will contact him.A Reconsideration Request could turn this all around.

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I have a copy of the C&P exam. They only referred to a couple of items in the exam. They mentioned the items in section C. They did not mention D. DSM-IV Diagnoses at all, didn't mention about Axis I,II,III,IV, or V.Didn't mention effects of PTSD on occupational and social functioning. They did not mention suicide attempts, my VA mental health doctor wanted to confine me to the hospital to adjust my meds., but I begged them not to because I felt being confined in the hospital would make it worse, they did not mention my unemployment for 3 years. They didn't mention B. Medical History. The doctors summary of current psychosocial level of functioning: The veteran is severely impaired in occupational, social, recreational and familial adjustment.

I could send you the whole C&P exam if wanted and the VA's response, they seem to come from different parts of the world.

I am thinking about finding a new vet rep, the one I have is a nice person but when I asked for suggestions on what I should do, she said she could not make any suggestions and that she would fill out the paperwork when I figured out what I wanted to do.

Do you just write a letter and ask for reconsideration?

Attach the C&P exam?

Mention my years of unemployment?

My drugs and their side effects?

Should my wife write a letter?

What else should I send?

What is a DRO?

I appreciate the suggestions, because this stuff is really confusing.

Thanks

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