ptsd Ptsd And Peb Then Va...

[KenK]

Not sure where to begin...I've just completed my second deployment to Iraq and during the process of Reverse SRP at Ft. Bragg was pulled for WTU (I never was medavac), and then later transferred to CBHCO-AL. I have had three operations - Bilateral Carpel Tunnel Release's, Right Ulnar Nerve Transposition. Also, I have chronic lower/mid back & neck pain (no operations performed at this time for these later injuries) and numbness & tingling to my lower extremities.

After a month or so at home, my wife was afraid of the change in my behavior and forced me to contact my PCM. Thereafter, my PCM set in motion for me to see a Counselor (a civilian) then later a Psychiatrist (another civilian) for medication. I was subsequently diagnosed with PTSD by this Psychiatrist. Due to this diagnosis, I was later sent to NAS Pensacola for a Military Psychiatry Evaluation. The Doctor concurred with the initial findings of PTSD and found me Medically Unacceptable for duty with a S-3 and recommended for separation. I've just completed the MEB portion (being found Medically Unacceptable for duty by the board for PTSD) with a recommendation to be referred to a PEB.

I have over 22 years of Federal Active Duty (Marines & Army combined) and was awarded 30% compensation (L/Knee, Back and Tinnitus) from the VA after my first deployment to Iraq. Now, I have to face the PEB and fight from being sc***ed too badly then fight the VA for compensation all so I may provide for my family. I know there's just no way I can work right now if ever again! So I guess I'm asking is what can I do and am I on the right track.

Also, not sure if it matters, but I was awarded a CAB during my first deployment and have not received any awards so far from my second one. After all, I was just an attached soldier to the unit from a different state. I was deployed with the 3/20th SFG.

[mountain tyme]

welcome Ken,

Since the military is seperating you due to PTSD you wrote "I was subsequently diagnosed with PTSD by this Psychiatrist. Due to this diagnosis, I was later sent to NAS Pensacola for a Military Psychiatry Evaluation. The Doctor concurred with the initial findings of PTSD and found me Medically Unacceptable for duty with a S-3 and recommended for separation. I've just completed the MEB portion (being found Medically Unacceptable for duty by the board for PTSD) with a recommendation to be referred to a PEB" then the next thing you will need to do is find out how serverly your condition (PTSD) effects your quality of life...and employment possiablity to meet or exceed the VA schedual of rating critia.

How The VA Evaluates Levels Of Disability

Once the VA has awarded service connection for PTSD, it will then review the most current clinical evidence of record to determine how the severity of your symptoms impairs your social and industrial (ability to work) capacity. The VA has a schedule of rating disabilities, located in title 38 C.F.R., Part 4. The VA has established “Diagnostic Codes” (DC) for various medical and psychiatric disorders, which include a description of the severity of related symptoms and a corresponding disability percentage (called a “rating” or “evaluation”). Although there are different DCs for covered psychiatric disorders, the VA evaluates the level of disability due to psychiatric disorders under the same criteria, regardless of the actual diagnosis. 38 C.F.R. §4.130, DC 9411, governs PTSD ratings. This regulation provides graduated ratings of 0%, 10%, 30%, 50%, 70% or 100%. A 0% rating is noncompensable, This means that you have service-connected PTSD, however, there is little or no impairment as a result. VA compensation payments begin at 10% and increase at each rating level.

The VA has adopted the criteria established in the DSM-IV as the basis for its psychiatric ratings, including PTSD. There is also a diagnostic matrix called the Global Assessment of Functioning Scale (GAF) that is used to determine your level of disability. The lower the GAF score, the higher the level of social and industrial impairment. Section 4.130 is reproduced below. You can share this with your psychiatric provider of care, who can prepare a report or opinion letter for submission to the VA that describes your level of impairment.

Bear in mind that even if the severity of your symptoms do not satisfy the diagnostic criteria for a 100% (or total) evaluation under the rating schedule, if your rating is high enough, another VA regulation (38 C.F.R. § 4.16) allows the VA to pay you at the 100% level if medical evidence demonstrates that your are unable to obtain or maintain substantially gainful employment as the result of your service-connected PTSD. The technical term for this is a total rating on the basis of individual unemployability due to service-connected disability (TDIU or IU).

38 C.F.R. § 4.130, DC 9411

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to such symptoms as: gross impairment in thought process or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation occupation, or own name …………………..100%

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships ...................................... 70%

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining Effective work and social relationships ………………..50%

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) ............................ 30%

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication .................. 10%

A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication .............................. 0%

To find the current VA disability compensation monthly payment rates, please go to the VA website at www.va.gov. From the homepage, click on “Compensation”, then on “Rate Tables”. Additional monthly payments may be available based on the beneficiary’s number of dependents.

So Ken it is very important that you get your ducks in a roll you will need to determine at what level your PTSD effects you this is where your civilan doctor can help you....bring in the schedual of rating to him and let him review the differnt percentages and he can help you by writing out a letter outlining what percentage your fall under and what conditions you have that warrent that percentage...you should always ask for a percentage not just wait to see what the VA may give you....if you don't get the percentage you request you can then go back and NOD there decision. It is also a good idea to obtain letters from family and friends that can verify the change in you and how it has effected your social ability...perhaps you have withdrawn from family life and no longer want to maintain long term friendships...behaviors along that line.

ALSO PUT IN FOR TDUI AT THIS TIME...THIS WILL ensure an EED date...many vets wait to put in for total unemployability then are disappointed that the VA does not retro it back to the origional claim date...if your vet advisor tells you to wait...I would thank him for the advice and put in for it ASAP...esp. since you feel due to all your service connected conditions you will not be able to hold down a sustanital position. Then file for SSD...keep in mind when filing for SSD they should mirror your SC disabilities...the VA WILL NOT TAKE INTO CONSIDERATION ANY DISABILITIES THAT WERE NOT SERVICE CONNECTED...SO KEEP IT SIMPLE...IF YOU ARE APPLY FOR VA COMP. FILE FOR SSD UNDER THE SAME CONDITIONS. BECAUSE IF YOU GET AWARDED SSD BASED ON YOUR SC DISABILITIES IT MAKES IT EASIER TO GET TOTAL DISABILITY FROM THE VA.

HOPE this info helps

MT

[KenK]

mountain tyme,

Thanks for the quick reply, I have appointments with both of my Doctor's next week and will bring the info with me and see what they will do (I know my counselor will have no problem doing this). Now, I am not sure what "TDUI " is...could you explain this further...and could it affect me if I try to get even a part time job after I am released, so I can start trying to leave my house more (though I'm not even sure if I can handle it right now as it is)?

I went to the local DAV rep last Friday and she helped me fill out my claim (took over two pages to write all of my claims down) B) . She also advised me to put in for SSDI, which i did by the net and phone, could this also affect me if I try to get a part time job too? Also, I've read on the net, b/c of the new NDAA 2008 law the DOD is required to follow the VASRD? If this is true, again from the same post, the the following is true;

§4.129 Mental disorders due to traumatic stress.

When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran’s release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran’s discharge to determine whether a change in evaluation is warranted. (Authority: 38 U.S.C. 1155).

Anyone know more about this?

[Berta]

The NDAA part is true so far but I know this hasnt caught up fully with the VA.

The reg (38 CFR 4.129)- you are right there too:

http://72.14.205.104/search?q=cache:7DKySK...us&ie=UTF-8

THANK YOU for your service!

TDIU means Total Disability Due to Unemployability

If you have medical evidence such as strong opinions from your docs-that your SC disabilities render you unemployable that is TDIU- an award of 100% comp-

Also you got GREAT advise from MT-

to apply for SSA disability too.

I will attach the TDIU form-

I am going to make an assumption that the PEB might well award you 50%.

Then assuming the VA will award that too- 50 plus 30 in VA funny math is 70% which would trigger the VA to consaider TDIU- but I suggest applying for it without waiting for them-for the reasom MT gave you-

If you work at wages below the poverty level they will not consider this substantial employment but any wages higher than that would make you uneligible for TDIU.

You might well want to check into CRDP /CRSC to see if you are eligible in any way for these benefits-

CRDP Concurrent Receipt Disability Payment and CRSC- Combat related Special COmpensation-

they should give you a briefing on this DOD program and other VA stuff when you muster out-

TDIU_form.pdf

[Pete53]

KenK:

Welcome to Hadit. I think that you are doing well and Hadit is here to help you. If you can't work than you should get full benefits as you earned them.

Thank you for your service.

[Berta]

http://www.defenselink.mil/prhome/mppcrsc.html

Also Military.com, under search and here at hadit under search has more detailed info on CRDP and CRSC.

On the TDIU form -under # 18 check Yes and apply for SSA disability -under # 25 Remarks you can refer them to a separate page, put your name , address and c file number on this page and tell them any other info they should consider- also tell them of any side affects from any SC meds you take. It pays to check the side affects you have and use a good internet medicine site print out or even the side affect flyer that VA sends with the meds.

I said this wrong in last post TDIU- Total Disability due to Individual Unemployability

TDIU is paid at the 100% comp rate $2,527 p/m -vet with no dependents

$ 2,669 p/m vet with one wife

(PS dont leave the mil without a complete copy of your SMRS)

Edited September 12, 2008 by Berta

[Ricky]

Berta, How much for two wifes? (Sorry, couldn't pass it up!)

Jim by the time the court gets through with you, you would probably end up homeless and begging for peanuts on the street corner!!!! hahahahaha

Ken welcome back. Those before me have provided you with excellent information and if you follow it you should be ok.