Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Ptsd Increase

Rate this question


USMC_HVEQ

Question

I thank everyone that reads my posts and offers some advice. I thank god this service is here, because it helps you answer questions, that jsut nag at you.

My situation is this:

currently on TDRL (10% ptsd and 40% subluxation for both shoulders)-combined 40% for USMC as of 8/1/07.

current VA ratings 10% tinnitus, 10% ptsd and 40% shoulders (they decided my VA case before I got all the evidence, based on my TDRL letter and now I am combined 50% VA comp.

I was receiving both pay up until next month when my TDRL pay is being offset by the VA waiver (50%) amount of 770. I will rec the difference which is about 187 dollars.

I have a NOD in process, I had my C&P exam for ptsd and most likely will be rated either 50% or 70% ptsd. I asked for DRO review by de novo process.

My questions are the following:

1. When my VA rating is increased for ptsd, what should I do about CRSC? I was only given 10% at the time of my retirement/tdrl (which was bogus, but I took it at the time), so at the time I did not qualify for CRSC. My shoulders were hurt in service but not in combat. My ptsd is combat related from Iraq, which should qualify me correct for CRSC?

2. when my first reval for tdrl comes up, I should have no probelm getting transferred from tdrl to pdrl with rate increase, I imagine, based on the new evidence and rate increase by the VA.

3. If you are getting 70% combined VA rating and not CSRSC, then your retiree pay (CDRP) is offset, since its only 50% on TDRL, but if I have pDRL ratings changed, since my ptsd is far more serious then my shoulders right now, then I would qualify for CRSC pay in addition to the 70% VA money correct? I bleieve it is 2.5% of retiree pay x #yrs of service?

Link to comment
Share on other sites

  • Answers 41
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

I am still doing a case where the Vet was 11B20 MOS entire service period, the VARO has rejected his claim for PTSD (Appeal to DRO was sent in immediately after Denial Letter) but I have found some good evidence, cases etc since I sent in his Appeal. The problem was the Military left his CIB, Army Commendation Medal, and also a Good Conduct Medal off his DD 214 and his DA Form 20 and Military Records Center did a "phony search" and denied he was awarded these Medals...mainly the CIB, (but we have the Orders and the actual Certificate for his Army Commendation Medal for performance against insurgent forces in hostile envionment, it was included in Military Records sent by National Personnell Center and they DENIED he was awarded it). The VARO says they cannot legally grant a PTSD claim without a Purple Heart or CIB on DD 214, (I know that's baloney), anyway the Senator promised to help with Military Corrections Center and all info was sent to him on 9/24/08--no answer yet. He was diagnosed by 3 VA Psychiatrists with PTSD related to self reported combat etc during his 1 year Infantry tour in Nam(this is just background, I will post the evidence that hopefully will help him and some others here later in my post). I have NOT sent any of this to the VARO yet, but I don't think it will hurt since they don't seem to be moving on the Case anyway, I really hate to send in additional evidence...but he is having problems with the PTSD symptoms and this wait game is not helping. Here is what I wrote in my concluding paragraph of the Appeal to DRO: "While there has been thus far no independent verification corroborating the veteran's personal participation in enemy attacks, the United States Court of Appeals for Veterans Claims has rejected such a narrow definition for corroboration and instructed that the VA, in insisting that there be corroboration of every detail, including the appellant's personal participation, defines corroboration far too narrowly. Pentecost v. Principi, 16 Vet. App. 124, 128 (2002); Suozzi v. Brown, 10 Vet. App. 307 (1997). Therefore, the Board finds, based on information from the Center for Unit Records Research, that the veteran was exposed to a stressful incident during service, specifically, being subjected to hostile enemy fire. The remaining question is whether the veteran has PTSD as a result of that stressful incident. The Board finds that the evidence does support a conclusion that the veteran has PTSD as a result of this stressful incident."

In conclusion, the Veteran may be required to wait for the VARO to request his Unit Records corroborating his Combat Duty and Stressors and/or his corrected DD 215, but it is the opinion of this Advocate that the Veteran has already met the requirements for service-connection for PTSD in that the claim for service connection for PTSD is well grounded because the veteran has submitted a clear diagnosis of that disability; evidence of Stressors consistent with his combat service; and a nexus between his combat service and his diagnosed PTSD. 38 U.S.C.A. §§ 1110, 5107(a) (West 1991); 38 C.F.R. §§ 3.304(d), 3.304(f) (1999); Cohen v. Brown, 10 Vet. App. 128, 137 (1997). PTSD was incurred during wartime service. 38 U.S.C.A. § 1110, 1154(:blink:, 5107(a) (West 1991); 38 C.F.R. §§ 3.304(d),304(f) (1999); Cohen v. Brown, 10 Vet. App. 128, 137 (1997)"

The evidences I hope to find useful are here:

I. http://www.iom.edu/Object.File/Master/35/6...e%20meeting.pdf

II. http://www.va.gov/vetapp97/files2/9717517.txt

III. http://www.scribd.com/doc/6594026/New-Atlantis-Document

IV. http://www.legion.org/veterans/affairs/ptsd# On June 18, 1999, VA published the final new rule amending the regulations concerning the type of evidence required to establish service connection for PTSD. The ruling states, "Where a veteran engaged in combat with the enemy, VA must accept as sufficient proof of service connection for a claimed disease or injury satisfactory lay or other evidence of service incurrence or aggravation of such disease or injury, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of the incurrence or aggravation of the claimed disease or injury." VA has amended 38 CFR 3.304 (f) to include that a combat veteran's testimony regarding the claimed stressor may be accepted as conclusive and no further development for corroborative evidence is required, provided that the testimony is "satisfactory" and consistent with the circumstances, conditions, or hardships of the veteran's service. Additionally, 38 CFR 3.304 (f) was amended to require that the medical evidence for diagnosing PTSD comply with the DSM-IV. These changes apply to all combat veterans who have filed a claim since March 7, 1997.

V. http://cases.justia.com/us-court-of-appeal...80/1111/617307/

VI. http://www.ptsdmanual.com/suppev.htm (3) If a VA examination or other medical evidence establishes a valid diagnosis of PTSD, and development is complete in every respect but for confirmation of the in-service stressor, request additional evidence from either the Environmental Support Group (ESG) or Marine Corps. (See Part III, paragraph 5.14.)

(4) Do not send a case to the ESG or Marine Corps unless there is a confirmed diagnosis of PTSD adequate to establish entitlement to service connection. Correspondingly, always send an inquiry in instances in which the only obstacle to service connection is confirmation of an alleged stressor. A denial solely because of an unconfirmed stressor is improper unless it has first been reviewed by the ESG or Marine Corps.

VII. http://www.ll.georgetown.edu/federal/judic...ns/02-7346.html Section 3.304(f) of title 38, Code of Federal Regulations, entitled “Direct service connection; wartime and peacetime,” states:

(f) Post-traumatic stress disorder. Service connection for post-traumatic stress disorder requires medical

evidence diagnosing the condition in accordance with § 4.125(a) of this chapter; a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. Although service connection may be established based on other in-service stressors, the following provisions apply for specified in-service stressors as set forth below:

(1) If the evidence establishes that the veteran engaged in combat with the enemy and the claimed stressor is related to that combat, in the absence of clear and convincing evidence to the contrary, and provided that the claimed stressor is consistent with the circumstances, conditions, or hardships of the veteran’s service, the veteran’s lay testimony alone may establish the occurrence of the claimed in-service stressor.

Edited by jessejames
Link to comment
Share on other sites

  • HadIt.com Elder

You should be commended for you service in helping out this vet, jessejames. Good to see that you kept his claim alive with the timely NOD. His "light weapons infantry MOS", his Vietnam service, his unit citation, his stressor letter and the new PTSD rules you provided here proves his prima facie case. Did he receive his DD215 yet? Where is his CIB???? Or the daily morning reports or brigade daily journals that the Senators' staffer should have requested?. Does he remember certain days and incidents that would be helpful to locate his unit in Vietnam? I'm surprised that after serving in the war zone for a full tour with an Eleven Bravo MOS, that he never received a CIB. That is an insult that just adds salt to his wounds. My most prized medal in my collection is my CIB. Good luck with his claim. please keep us posted on this one

Link to comment
Share on other sites

  • HadIt.com Elder

I think any veteran with a combat medal can win a PTSD claim. This is what the VA is afraid of since there are a lot of potential claims out there. PTSD is a subjective finding. The combat award opens the door to win the PTSD claim for anyone if they can describe their symptoms to fit the criteria. It shows how honest most vets are, or there would be many more PTSD claims. Not every combat vet has PTSD. Some even thrive on combat. It is an individual reaction to combat.

Link to comment
Share on other sites

  • HadIt.com Elder

Ah, yes. "The smell of napalm in the morning" The movies thrive on combat.

However, falling off a duce and a half with a CIB, in a combat zone does not justify combat PTSD. It does litter the path to a timely rating though.

Happy New Year All,

Cmdr. Bob

post-4811-1230830820_thumb.jpg

Edited by Commander Bob 92-93
Link to comment
Share on other sites

Ah, yes. "The smell of napalm in the morning" The movies thrive on combat.

However, falling off a duce and a half with a CIB, in a combat zone does not justify combat PTSD. It does litter the path to a timely rating though.

Happy New Year All,

Cmdr. Bob

I only work with legit vets, as many claims that I have done...I know the right questions to ask before I waste my time. I've known this guy for 35 years and have known and tried to persuade him for a long time now to get help..it was only when his wife called and discussed secretly with me what was happening to him that I convinced him to go to the VA. For all those years, he had no use for the VA and I just hit him at the right moment when I asked him what his wife was thinking about his panic attacks, nightmares, flashbacks and most every classic symptom of PTSD. He broke down. We have not been able to get a corected DD 215 as of yet, the fact that the Military Records Corrections Center put in writing that he had never been awarded a CIB, an Army Commendation Medal, or a Good Conduct Medal when we had Records showing the Army Commendation Medal and Good Conduct Medal....I hope will make them NOW search for Unit Records for combat actions, as they should have in the beginning. I do not know why his CIB did not show up in his Records, but the Records actually came from the VARO and not the National Personnell Records Center as I said before. Anyone ever have a VARO mess with their Records??? It's a daily known accepted pratice from way back when I had Doctor's records changed, lost, misplaced etc. http://www.vawatchdog.org/08/nf08/nfoct08/nf101308-1.htm http://www.vawatchdog.org/08/nf08/nfdec08/nf120508-1.htm

http://www.vawatchdog.org/VAshredderscandal.htm

Link to comment
Share on other sites

  • HadIt.com Elder

Hi jessejames, I think we jumped over here, from the other PTSD topic post. ( Ptsd But Can't Prove Stressor, Need some help on this one ) I follow you though. This is the same vet your helping. He is lucky to have a good friend like you.

I reread your posts. I noticed the vet had a rank of sp4, a technical slot, in an eleven bravo world. What was his job in the Infantry? No problem. a RTO could be sp4 instead of a corporal in an infantry unit. I'm just trying to get a handle on the reason for no CIB on his DD215. You said the records came from the VA, not the NPRC. The vet has to request the Brigade and company journals and daily logs for his stressor period from the NPRC himself, via you, or through his congress rep. From what you presented, he earned the CIB, and should be presented it by the Army. I know a service ribbon or medal and 25 cents won't get you a cup of coffee, these days, however, he needs to set the record straight, as well as sc comp.

Edited by Commander Bob 92-93
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use