ptsd Ptsd

[wapiti]

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

[wapiti]

Thanks Pete, Berta, and Nam Vet,

As a Nam vet myself, I appreciate all of your suggestions and help. I was up all night going over what all of you have suggested. All of this stuff is really overwhelming, I am realizing that the VA is not really our friends as we would like to think, but seem to be our adversary. I just happened to get a card from the DAV yesterday, I think that I will call them and see if they have a local rep.

I forgot to mention that I applied for vocational rehab last year and was turned down. I had my hopes up, went up to Winston-Salem for 2 days, did all kinds of tests, talked to the local shrink, went back up a couple of weeks later to talk to the same shrink and from my interpretation of what he said is basically they were not going to spend money on an old worn out 60 yr. old vet. He told me before I left that maybe I should be a locksmith. I wanted to beat the shit out of him but I was good, I just told him thanks for all his trouble. Boy, what a crock Voc. Rehab. is. Should I mention that I was turned downed for Voc Rehab when I send the letter to the DRO?

A guy from VVA called and gave me the name and number of a private doctor in Winston-Salem that works with vets and uses the same methods that the VA does.

Thanks,

Wapiti

[wapiti]

Wapiti-has the VA sent you a DRO request form yet?

Also did you get a VCAA letter and an election response form under the VCAA when you first filed this claim?

"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?"

I say yes to all of above and tell them how the SOC clearly disregraded the C & P results and the GAF etc.

"What else should I send?"( I would send then the filled out TDIU form too and ask that it be considered.

If I were you I would cite right in the request for reconsideration the following regs -I copied this from my last response to the VA and they have been actively moving on my claim ever since getting it:

"I will list the evidence I am again enclosing , to include the signed Election Notice,

And I cite the following established VA case laws and regulations and ask that they be properly applied to my claims:

§4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law

"b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. "

Source: September 23, 2004 M21-1, Part VI

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 3_ADJUDICATION--Table of Contents

Subpart A_Pension, Compensation, and Dependency and Indemnity

Compensation

Sec. 3.159 Department of Veterans Affairs assistance in developing

claims. (XC 24 884 978 Page 4 of 5)

(a) Definitions. For purposes of this section, the following

definitions apply:

(1) Competent medical evidence means evidence provided by a person

who is qualified through education, training, or experience to offer

medical diagnoses, statements, or opinions. Competent medical evidence

may also mean statements conveying sound medical principles found in

medical treatises. It would also include statements contained in

authoritative writings such as medical and scientific articles and

research reports or analyses.

(2) Competent lay evidence means any evidence not requiring that the

proponent have specialized education, training, or experience. Lay

evidence is competent if it is provided by a person who has knowledge of

facts or circumstances and conveys matters that can be observed and

described by a lay person."

No DRO request form yet.

I will have to look the other one up

thanks,

wapiti

[john999]

Wapiti

You might be the poster boy for VA gross incompetence. A GAF of 35 and a rating of 30% is just absurd. Your exam results point to a 100% rating. If the rater ignored your C&P you will win this thing on appeal to the DRO if they have any sense at all. You have all the evidence you need. These are the kinds of decisions that just discredit the whole VBA. This decision to deny your increase seems malicious. Someone should lose their job over this.

[wapiti]

I will look at my folder from Voc Rehab. I haven't filed for TDIU yet. I am going to try to get a new VSO next week

Thanks

[wapiti]

Wapiti

You might be the poster boy for VA gross incompetence. A GAF of 35 and a rating of 30% is just absurd. Your exam results point to a 100% rating. If the rater ignored your C&P you will win this thing on appeal to the DRO if they have any sense at all. You have all the evidence you need. These are the kinds of decisions that just discredit the whole VBA. This decision to deny your increase seems malicious. Someone should lose their job over this.

Thanks John,

This gives me courage to carry on when I feel like giving up. thanks again!!

[Berta]

"I forgot to mention that I applied for vocational rehab last year and was turned down. I had my hopes up, went up to Winston-Salem for 2 days, did all kinds of tests, talked to the local shrink, went back up a couple of weeks later to talk to the same shrink and from my interpretation of what he said is basically they were not going to spend money on an old worn out 60 yr. old vet"

Wapiti- if Voc Rehab in any way documented that your PTSD would hinder your ability to go through Voc Rehab- thia is excellent proof that you are unemployable due to PTSD.

They really cannot discriminate against anyone due to their age-I am older than you and just finished my degree and Chap 35 VA paid for a lot of it-

If I am that old and VA paid-how could Voc Rehab deny you based on your age?

But if the documentation (get copies of all your Voc rehab records-the VARO doesnt have them)

states your disability prevents you from being vocrehabable- this is golden evidence for TDIU.

"an old worn out 60 yr. old vet"

Hey- you guys are my dreamboats!

60 is young- it is the system itself that causes vets to feel they are aging (and I think the VA causes and aggravates PTSD too)

Sounds to me like those shrink tests you got at Winston Salem also- can really help you here- I would write to their records access officer if I were you to get copies of them too.

I would sure inform the DRO that Voc rehab turned you down.Best to get the reason why though-

and dont forget to tell VA of any side affects of those anti jungle pills-

Wapiti- try not to get yourself too overwhelmed by all this-it becomes a learning process and thank God for this site-where a vet gets lots of great input.

(Then again- a VA claim is a War of the Words, and there are landmines in the claims process and one must be very proactive- as you are- and willing to see the war game through until Victory occurs.)

I think your recent decision should get an 'award' as to being the most ridiculous and incompetent VA decision I have seen in the whole year 2007.

By the way if the rep you get tells you with 30 % you cant apply for TDIU-

let me know here who he is and I will square him away pronto.

Edited December 30, 2007 by Berta