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]

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

John, yes, it is possible.

My Wife and I have been married for.....well.....ahhh....A VERY LONG TIME, yeah, that's it, we been married a long lonnnng time (since '78).

Do ya wanna know our secret?

I have no problem with my wife as "payee". She gets all the money (actually we have a "joint" bank account). She spends all the money. She the "payee". No problemo, si'?

I have my "toys", and, just like most boys, that makes me happy!

She has QVC!

[LarryJ]

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

Yeah, but Pete, therein lies the problem. This was a C&P exam that was completed in September. It's ALREADY in his "file". And, it's a good 'un don't you agree?

What I am saying is "leave sleeping dogs lie". The word "concentration" is used several times by the examiner, it is something that this examiner has "hung his hat on", the basis of his stating that the veteran is "unemployable""unable to return to work". If it were me, and that is all I can comment upon, is if it were ME, then I'd LOVE this examiner's opinion. This opinion is going to get the veteran Total Disability 100%. I would not want to futz around with it by trying to, in effect, remove one of the bases of this doc's opinions.

He's gonna, most likely, have a fiduciary appointed, due to this doc's report. But then again, maybe not. But, whatever. Like I said, GET THE MONEY, then worry about whether someone thinks I'm "qualified" to spend it. But, FIRST OF ALL..............GET THE MONEY!

right?

[pacmanx1]

Yeah, but Pete, therein lies the problem. This was a C&P exam that was completed in September. It's ALREADY in his "file". And, it's a good 'un don't you agree?

What I am saying is "leave sleeping dogs lie". The word "concentration" is used several times by the examiner, it is something that this examiner has "hung his hat on", the basis of his stating that the veteran is "unemployable""unable to return to work". If it were me, and that is all I can comment upon, is if it were ME, then I'd LOVE this examiner's opinion. This opinion is going to get the veteran Total Disability 100%. I would not want to futz around with it by trying to, in effect, remove one of the bases of this doc's opinions.

He's gonna, most likely, have a fiduciary appointed, due to this doc's report. But then again, maybe not. But, whatever. Like I said, GET THE MONEY, then worry about whether someone thinks I'm "qualified" to spend it. But, FIRST OF ALL..............GET THE MONEY!

right?

Larry, I think we can learn if we disagree a little, not for arguing but trying to get a better picture of the situation. You say leave it alone, get the money, then if the veteran is approved and gets a fiduciary, then file a competency claim later to get control of his pay. My point is, if this claim is approved and the veteran is awarded 100% IU P & T and found incompetent as soon as the veteran files a claim for competency the VA will review the claim and the veteran could lose his 100% IU service connection compared to what I say. He has already been treated by a therapist, Have the doctor write a statement that he has treated the veteran for several years and it is his medical opinion that the veteran is unemployable but is capable of handling his funds (disability pay). This should clear things up for VA and not to award a fiduciary but award the increase and IU. We all have opinions, some right, some wrong but it is still up to the veteran to decide.

Edited December 15, 2009 by pacmanx1

[carlie]

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?

I totally agree with Larry on this issue.

If the rating is increased or IU is granted part of the reason is the medical evidence, yet prior to $$ hitting the bank the claimant wants to say WHAT,

OH NO FIDUCIARY - I can handle my funds -- AHHHHHHHH, not according to the doc

that we've based this new rating on.

We just finished dealing with this issue for someone about a month or two back.

Also, to start out with - the vets wife will most likely be his fiduciary.

Personally, with this statement on record,

"I resigned four years ago due to "inability to retain information"

I do not see 70% or IU at this time,

I see an increase to 50% and then work on climbing the ladder some more.

jmho,

carlie

[JOHN1]

Carlie:

The form regarding resigning " due to unablity to retain info" was the form from my previous employer.

Thanks

John

[pacmanx1]

John1, I know this may be hard to swallow but just give it a little more time. You posted that you had your second C & P exam in Sept. 2009. Don't quote me but I think you should be getting your rating soon. Who really knows, could be a few days or maybe a few months but you are on the down side of the hill now. VA will rate you for what they think you should be rated as. Thinking about your original question, I don't know why you posted your question. I would not call it stupid, I understand that you are very nervous and worried but "try" not to worry about it so much and it will be over before you know it and you will have your decision. We all have our doubts when it comes to what we think VA will rate our claims as but you said you feel that you have a good claim. So try to wait to see what VA will do. Sometimes we can ask a question and honestly without reviewing what is written in your records we don't have a clue of what rating VA will give you. We can only give our opinions, our experience and guess.

Larry, Yes it is a good medical opinion, I know some vets would love to see this written on their C & P exam.

Still hope the best.

Edited December 15, 2009 by pacmanx1