ptsd Opinion Please

[JOHN1]

I have been and am currently 30% PTSD diabled since 2004.

Filed for IU March 2009 (PTSD) due to increased severity unable to work

C&P Exam (PTSD) June of 2009

C-file returned for another C&P and Examiners opinion as to iu and if could work.

Attended C&P Sept for the Examiner to review and retest.

Examiner stated' "As requested by the board, opinion the Veteran's symptoms are more likely than not a result of events experianced during military active duty. (He is referring to my tenure in Viet Nam combat.)

Further: RO request opinion reference ability to work (IU).

"Unemployabilty" Veteran is unable to return to workplace even with minimal public contact and minor supervision due to poor attention and concentration and short term recall.

The veteran is not able to handle own affairs without his wifedue to poor concentration.

Prognosis: Poor

Recommendations: Needs PTSD medication and counseling.

Also , in c-file is a letter from my personal counselor of four years, letter from my doctor regarding increased anti-deprssion meds and a VA form staing I resigned four years ago due to "inability to retain information.

Please give me any thoughts as to my sucess

[LarryJ]

Might want to think about covering your basis by getting a psychiatrist to state that you can handle your own finances or have your wife write a statement saying that you can handle your own finances. If you could get this before your claim is rated and send it in, it could help. If the Doctor made the statement: The veteran is not able to handle own affairs without his wife due to poor concentration, During a C & P exam then VA will most likely look at incompetency. If I am off someone else will chime in.

Okay, I'm going to step in here with my opinion.

Take it or leave it. It's free.

DO NOT try to contradict the opinion that you cannot handle your own affairs without help from your wife!

The way I read this is that you have mental problems (with your concentration) to the point that you cannot work.

IF YOU counter this medical opinion, then it would be easy EASY EASY for the VA to say......."Hey, look, the VETERAN says he's OKAY.....nothin' wrong with him....he says he can handle his finances just fine......."

I say, LEAVE IT ALONE, for the time being at least!

Or, open mouth, insert FOOT!

I mean, hell, you have the very best medical opinion and you want to CHANGE IT? If that's IS the case, then you could also file a claim for "STOOPID"!

But, then, WTH do I know?

Edited December 14, 2009 by LarryJ

[pacmanx1]

Okay, I'm going to step in here with my opinion.

Take it or leave it. It's free.

DO NOT try to contradict the opinion that you cannot handle your own affairs without help from your wife!

The way I read this is that you have mental problems (with your concentration) to the point that you cannot work.

IF YOU counter this medical opinion, then it would be easy EASY EASY for the VA to say......."Hey, look, the VETERAN says he's OKAY.....nothin' wrong with him....he says he can handle his finances just fine......."

I say, LEAVE IT ALONE, for the time being at least!

Or, open mouth, insert FOOT!

Larry please read my post again, I never stated for the veteran to send VA a statement saying that he is OK and he can handle his own finances. My post suggest that the veteran can get another medical opinion or his wife's lay statement to contradict the statement that he needs help from his wife. A veteran can be rated with PTSD IU and still be able to manage their own finances. Another medical opinion or his wife statement in no way say that he is claiming that he is OK to secure or maintain a job of any kind. If that was the case, he would not have filed for an increase. If the claim is awarded and given a fiduciary( a person that controls the veteran's disability pay that is not the veteran), then the veteran could have all other types of problems trying to get his money back.

Larry, are you beginning to read into claims what veterans are not saying?

Edited December 15, 2009 by pacmanx1

[LarryJ]

This is what the examiner is basing their opinion that he cannot work upon (and I quote from the examiner's statement):

""Unemployabilty" Veteran is unable to return to workplace even with minimal public contact and minor supervision due to poor attention and concentration and short term recall.

The veteran is not able to handle own affairs without his wifedue to poor concentration."

I stand by what I said.

If you read the examiners opinion they state that "due to poor attention and concentration" that the veteran is unable to return to workplace. And, that the veteran is not able to handle his own affairs without help from his wife due to poor concentration.

Now, if he wants to fight this opinion of the examiner, if he wants to prove that his concentration is NOT a problem, then I say go ahead. IF you want to ruin a perfectly good medical opinion.

Then, AFTER he wins his IU claim, THEN he can re-visit the incompetency question.

But, then, I guess that I am only focused upon him winning his claim, silly me.

And, no, I am not reading into claims what veterans are not saying. I am only trying NOT to give bad advice, unlike some folks.

But, then, I am through, because I do not have to argue, nor do I have the time.

[JOHN1]

I think the best thing to do is to just "wait" and then I can get needed statements or appeal or whatever. The fact is it may not be an issue.

I feel I have a good claim and have been honest about everything.

I really appreciate all theinput and concern.

Any comments on the ssdi and last date insured issue?

Thanks

John

[JOHN1]

I also meant to add I have no problem with my wife as "payee", is this possible?

I just want the least amount of problems and quickest solutions as i guess we all do!

John

[pacmanx1]

JOHN1, the best to you and your claim.

Larry, no argument and not trying to give bad advice, just knowing that it is very difficult to overcome a statement form a mental health doctor once it gets in your file and trying to clear everything up could take years