ptsd My Appeals.

[tagandbag]

Here is some of the reason for my appeal to the BVA and link to Rice vs Shinseki.

The RO failed to properly consider the Social Security Disability Determination that

found the veteran to be totally and permanently disabled due to my service connected

PTSD. The VA Diagnostic Code for Mental Disorders awards a rating of 100% for total

occupational and social impairment. The social security disability determination is

prima facia evidence of total occupational and social impairment. Furthermore, the

Regional Office failed to consider the inferred TDIU claim. The evidence of record

points to the fact that the veteran is not working due to his PTSD. The RO has failed

to consider TDIU as the Court has demanded it do, most recently in Rice v. Shinseki, as

part of the veteran's claim for an increased rating

Link: http://www.nvo.org/phpbb3/viewtopic.php?f=6&t=2275

Still hoping it wont go to the BVA, I should here something in the next few weeks I believe. Keeping my fingers crossed.

t&b

[MikeR]

Did the DRO look at it?

[tagandbag]

I don't know, sent this in on the 23rd. I'm fairly confident, that I may here something in the next week or so. We'll see.

t&b

[jsdwd]

Here is some of the reason for my appeal to the BVA and link to Rice vs Shinseki.

The RO failed to properly consider the Social Security Disability Determination that

found the veteran to be totally and permanently disabled due to my service connected

PTSD. The VA Diagnostic Code for Mental Disorders awards a rating of 100% for total

occupational and social impairment. The social security disability determination is

prima facia evidence of total occupational and social impairment. Furthermore, the

Regional Office failed to consider the inferred TDIU claim. The evidence of record

points to the fact that the veteran is not working due to his PTSD. The RO has failed

to consider TDIU as the Court has demanded it do, most recently in Rice v. Shinseki, as

part of the veteran's claim for an increased rating

Link: http://www.nvo.org/phpbb3/viewtopic.php?f=6&t=2275

Interesting. I am on Social Security disability for Cirrhosis which resulted from alcoholism. My ptsd rating was for 30% due to ptsd with secondary anxiety, depression and alcohol dependence. So the rating is saying that the alcoholism was secondary to the ptsd. If so, isn't the SSD which arose from the alcoholism germane to my claim?

How best to follow this course?

Still hoping it wont go to the BVA, I should here something in the next few weeks I believe. Keeping my fingers crossed.

t&b

[tagandbag]

jsdwd,

I see what your saying, but I think your treading on thin ice with VA on that. I think the VA may look at alcohol dependence as willful misconduct and not the cause of your PTSD. Even though it may be secondary, I think the VA looks at it as self medicating. This is my opinion and it may not be correct. But I would file for increase and iu irregardless, using the SSD award and any other evidence you have or can find. It is very possible with a well grounded appeal it could tip this in your favor. Maybe someone else can chime in, there may be another precedent, that shows an award for this.

t&b

[Pete53]

In the 90's the VA pretty much ruled against any one who was an alcoholic who did not get treatment or was still drinking. The VA spent a ton of money treating alcoholic Vets and wised up a little. When I spent my 30 days at the BA no tell motel every guy on my locked up ward was either an alcoholic or a drug addict. They tested every Sunday and kicked Vets out of treatment if they tested positive. That was funny cause they let half of these guys go home on the weekend.

I think today that the VA will connect alcoholism as secondary to anxuety or depression disorders.

[jsdwd]

In the 90's the VA pretty much ruled against any one who was an alcoholic who did not get treatment or was still drinking. The VA spent a ton of money treating alcoholic Vets and wised up a little. When I spent my 30 days at the BA no tell motel every guy on my locked up ward was either an alcoholic or a drug addict. They tested every Sunday and kicked Vets out of treatment if they tested positive. That was funny cause they let half of these guys go home on the weekend.

I think today that the VA will connect alcoholism as secondary to anxuety or depression disorders.

I did seek treatment and no longer drink (15 year sober). So I pass on that count, but as t & b points out it is tricky. Fortunately I have a psychiatric report from several years ago (before I ever filed a claim) that links the two saying the 'alcoholism is probably do to the ptsd', so that helps (even with the fudge word).