ptsd Should We File A Claim If We Are 100% Secdular?

[steve Mck]

In Dec. I was awarded an increase from 60% to 100% s.c. for PTSD, and Tinitus with a 0% for hearing loss. I have a multitude of other ailments as well. My question is should a s.c. veteran continue to file claims if they are @ 100% s.c. disabled? My particular award does not state that this is a perminent award and states that in the future it may be reviewed and could change depending upon my condition. So, should I file other claims for s.c. to build my case so that if a review of my 100% award was reduced, I would still have additional s.c. claims that would keep me at 100%? I am at 62 years old and just forced to retire due to health conditons so I am concerned that the VA could possibly reduce my s.c. award, which would place a hardship upon me and my family.

[Berta]

In my opinion a vet should file a claim for any disability they have -regardless of whether they are 100% already or not.

I have seen many claims at the BVA where the veteran died without 10 years of 100% SC P & T in effect (an enhanced entitlement to DIC for the vet's surviving spouse and dependents) and the vet died due to a non service connected considtion which is often extremely difficult for the widow or widower to service connect.

In your case -you could have the potential of SMC benefits now or at some point in the future-

If a SMC disability causes or contributes to death that too can help establish service connected death.

The SMC "S" award alone for example provides $ 302 more in addition to 100% comp for a single vet.

SMC S is one 100% SC disability plus another separate SC disability rated at 60 % or more equals the S award.

"So, should I file other claims for s.c. to build my case so that if a review of my 100% award was reduced, I would still have additional s.c. claims that would keep me at 100%? I am at 62 years old and just forced to retire due to health conditons so I am concerned that the VA could possibly reduce my s.c. award, which would place a hardship upon me and my family"

I think your logic is quite sound if the disabilities you have-in addition to the PTSD and hearing loss can be found as directly due to your service.

[Berta]

I mean if there is potential way to service connect the additional disability directly to service, or as secondary to a SC condition.Then they should certainly claim the disability(ies) to the VA.

I have seen claims where disabilities appeared to have no nexus or link at all to a vet's service-at first glance- yet - down the road after research and good leg work- the disability can be found as an SC condition.

A widow denied many times times on a re-open of her husband's cancer claim-finally prvailed by proving that his type of cancer was so rare that only a small community of Koreans have also gotten this type of cancer and very few Americans-

She proved with his Service records that he had the same type of cancer they had and that he served exactly where this high level of rare cancer was found in Korea.

A vet I helped had a lung disease that he attributed to his being a Navy Diver.

He was denied many times as he could not establish a direct nexus to his diving and to the type of lung cancer he had.

I aksed what kind of chemicals they used in the SCUBAs in those days and he told me what they were.

I found many articles that attributed the exact same type of lung disease he had to the use of some of these SCUBA chemicals.

With a strong medical opinion to support his claim and these articles- he presented an excellent claim-dont know yet how he made out-

nothing is impossible, but it can take a lot of leg work, research, and strong medical evidence.

[Mantooth]

I agree. If you have any ailment that may be connected to service, file a claim for it. As Berta said, you may be entitled to special monthly comp for certain issues, if not now, possible later as ailments get worse. Also, should you pass away (God forbid) from any service-connected illnesses, your dependents are eligible for benefits. If you are only 100% SC for PTSD and pass away from say, heart disease, before the 10 years that make your 100% permanent, your dependents will get much less. It is very hard to prove PTSD alone as a cause of death.

[john999]

Also, you never know what a simple 0% or 10% claim may led to in the future. Say, you have a diabetic complication such as foot pain. Many is the diabetic that has ended up losing a foot due to complications of neuropathy in the feet. Now we are talking about a major disability as opposed to simple numbness and foot pain. The VA will discourage you from filing saying that you already have 100%, so why ask for more? I filed for arteriosclerosis in my leg as secondary to DMII. This condition was found while getting a CT scan for a lump on my leg that was benign. The artery disease has no current symptoms, but it is not benign. If I keel over and die there is a good chance it will be due to this disease that is probably not only in my legs but in other arteries such as my heart and the brain. Any condition you have that could lead to a more serious condition should be claimed. Also, if you are not P&T the VA will re-examine you anyway. Even if you are P&T you may get an exam at the ten and twenty year marks due to DIC entitlement and to permanence of a rating after 20 years. I don't think since you are 62 you have too much to worry about regarding a re-exame, but stay in treatment at the VA just to document that you are not getting better.

[jbasser]

Steve, I have to give my Kudos to Berta on this one. There are several Vets onthis site who are rated over 100 percent.

Housebound consideration of the SMC S award is a obtainable goal if your other disabilities add up to 60 percent.

I would file the claim first, gather as much medical evidence, IMOS and submit all at once.

Good luck and keep us posted.

J

[Teac]

Berta,

is right on the mark... normally when I see this question someone will say no don't file you will be reviewed for all your problems if you file again..

I always say file if you think you have a valid claim... I am living proof of my own advice...

I was 80% TDIU in 1999

Today I am 100% plus K plus S award......

I have submitted 16 claims since 1999, one has been pending since 2004 on appeal the others were all

I have never been subjected to a relook on anything unless I asked for it...

In May 2009 I will reach my tenth year as T/P

so don't be afraind to file that claim!