ptsd Va Psychologist Imo For Nod

[Shark]

I have attached a letter that I got my VA Psychologist to write to include with my NOD for denial of TDIU. I am rated 80% overall 50% for PTSD and the rest AO related. I have blacked out all identifying info, but it may be a good example to provide your doc to get him to write something on your behalf!

Psych_ltr.pdf

[WHOLESALE]

Wow Shark, nice to know there are VA docs out there willing to go the extra mile for vets. That's a great letter that gets right to the point.

Kudos to your doc, frank

I have attached a letter that I got my VA Psychologist to write to include with my NOD for denial of TDIU. I am rated 80% overall 50% for PTSD and the rest AO related. I have blacked out all identifying info, but it may be a good example to provide your doc to get him to write something on your behalf!

[john999]

What a great letter! I wonder how long this PH.D. will last at the VA? When I was first rated the VA ignored my psychologist's letter.

[Ricky]

Shark - I am just a tad confused on this. You say it was in an effort to justify TDIU which was recently denied. However, the letter centers around an extra schedular rating.

Now without having the luxury of being able to review your file let me make a couple of comments:

1+1 is not adding up to 2 in this case. You clearly meet the requirements for TDIU (PERCENTAGE WISE) which are:

if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more,which when combined with the additional disabilities the overall rating equals 70 percent

Now as we all know the second part of the formula for a TDIU rating is: when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disability

Now you posted that you have 50 percent for PTSD and others giving you a total of 80 percent schedular so you meet the precentage requirements so why this focus on an extraschedular rating action? At this point your focus should be on obtaining medical evidence which opines and medically rationalizes the fact that you can not secure or follow a substantially gainful occupation as a result of your service-connected disabilities.

The doc should be commended for his eagerness to assist you as that is uncommon in today's VA. However the letter as written centers on an action that is not needed (an extraschedular rating) and does little to center on the fact that you cannot work.

I am afraid that along with his previous letter supporting your efforts to obtain a Phd, which I assume was a VocRehab issue along with this current letter which at no point provides that "in my opinion Mr. Shark is unemployable due to his service connected disabilities of PTSD, xxxxx and xxxxxx. My opinion is based on and supported by my treatment of him for his PTSD and the fact that his PTSD coupled with his XXXX and XXXXX yada, yada, yada etc.......

I hope this makes sense. What the RO sees is that you are saying that you can not work due to your AGE!!!!!! etc.... but you feel well enough to enter into and complete a Phd program which is supported by your doc followed with another letter from the doc which says yep he can complete a Phd program however, he kinda cannot, may not be able to work without any firm committment or any medical rationale to back up the statement - along with this it also speaks of improvement.

When in reality all it needs to say is in his medical opinion you can not find or hold employment due to your service connected disabilities and his medical rationale to support that statement.

I am sorry but I just call them as I see them and I think this will not/does not support or enhance your efforts to win a TDIU claim. - and I hope for your sake that I am wrong on this one. Good luck my friend.

Ricky

Edited August 13, 2009 by Clown Man

[tssnave]

WOW! I am impressed that this guy wrote such a lengthy and scathing letter!!

With all due respect to Clown Man, I see the letter as hitting all possible avenues of getting a proper rating:

1. Even with the low ball rating, they should have evaluated you extra schedule based on the evidence.

2. My favorite part - starts off talking about the "inconsistency between facts stated and conclusions drawn" - I would like to say, BLESS YOU VA SHRINK FOR WRITING THIS! How many times have we all been caught up in just such inconsistencies??

3. This is where the shrink attacks IU from a ratings percentage standpoint. He clearly states that the VA "under rated" the vet. To Clown's point, I would have preferred he left off the last "for extra-schedular consideration" on section 3 but still, he makes the point very clearly that the VA lowballed the veteran.

I strongly agree with Clownman's suggestion that you have the shrink also write a short statement that says "in his medical opinion you can not find or hold employment due to your service connected disabilities and his medical rationale to support that statement."

This shrink is calling it like he sees it - now we'll see what the VA does with it.

Shark, I assume you are appealing your TDIU claim? What I did to make things go quicker is send in the TDIU paperwork with my NOD as well as the employer form (which in my case was just one). If you could get a couple employers to fill out the employer forms and note your anger, hostility, etc then that would go a long way to getting your TDIU claim properly rated. Otherwise you have to wait for someone to send you the form and send them to your employers.

Good luck and please shake your shrink's hand for me.

Thanks,

TS Snave

[john999]

Mmm....the points Clownman raises are valid. Talk of age as a factor and the vet being able to complete a PH.D program muddy the water. Like Clownman says, since the vet is 80% with 50% PTSD he should just have a letter saying he cannot work due to SC disability. It would be better to get it from a psychiatrist. The Vet is going to complete a PH.D program and then what? That indicates some intention to go to work at the end of all this education. That won't help a P&T claim. The thing is you want to give the VA just enough to serve your purpose without adding information they can turn against you. When I fist saw the letter from the psychologist I did not consider the things Clownman has brought up, but they are valid. Is the vet unable to work now and will be able to work once he completes a PH.D? I wonder what exactly the vets wants. You know once a vet gets IU they usually stay on it. It tends to kill the ambition to give up the compensation check. It might be better to just keep the 80%, complete school and then get a job.

If I had gotten IU back when I was in college I probably would never have worked in my life. It is a disincentive to work if you are able. If you are truly IU it is a blessing. The last part of this is just my opinion.

[Shark]

Mmm....the points Clownman raises are valid. Talk of age as a factor and the vet being able to complete a PH.D program muddy the water. Like Clownman says, since the vet is 80% with 50% PTSD he should just have a letter saying he cannot work due to SC disability. It would be better to get it from a psychiatrist. The Vet is going to complete a PH.D program and then what? That indicates some intention to go to work at the end of all this education. That won't help a P&T claim. The thing is you want to give the VA just enough to serve your purpose without adding information they can turn against you. When I fist saw the letter from the psychologist I did not consider the things Clownman has brought up, but they are valid. Is the vet unable to work now and will be able to work once he completes a PH.D? I wonder what exactly the vets wants. You know once a vet gets IU they usually stay on it. It tends to kill the ambition to give up the compensation check. It might be better to just keep the 80%, complete school and then get a job.

If I had gotten IU back when I was in college I probably would never have worked in my life. It is a disincentive to work if you are able. If you are truly IU it is a blessing. The last part of this is just my opinion.

All good and valid points! The reason I entered a Ph.D. program was that I needed something to occupy my brain and distract me from what I call stinking thinking. At first I was thinking of it as a mental exercise. My Psychologist thought that with a Ph.D. I might be able to work as a researcher or consultant where I wouldn't have to deal with someone with authority over me. It was going along well, then my brother died and I went into a deep depression and dropped out of school. I honestly would love to go back to work...hell, I was making $20,000 a month before all this happened to me and living on $4,000 a month sucks! I know, many of you are not even getting that much so I shouldn't be upset. I was just very impressed with the letter that my Psychologist wrote for me and thought it might provide some ammunition to give your Psychologist to nudge them to write a favorable letter for you. I have retained an attorney for my appeal and he feels that I have a very good case and is currently having me sent to a private voc rehab specialist for an IMO to submit. What is cool is that he is paying for it! I will probably have to reimburse him if I win, but that would be fine to me! I have only been fighting this battle for a couple of years and know I still have a ways to go but I will be damned if I am just going to lay down and give up!

Thanks again for the encouraging words!

Ric