ptsd Anyone Had This Problem Before?

[Joe01]

:D

Hi: I'm a oif veteran. I just got my rating decision letter for my first claim in august 2009. I was rated 30% for PTSD, 10% for lumbar spine strain, 10% cervical spine strain and 10% for varicocele. My question is: can I ask for another c&p exam instead of appealing my PTSD claim? Since my c&p exam on feb 2009 I've been going down hill because of my PTSD. Increase in anxiety, panic, anger and haven't been working for the last 3 months due to my sc disabiliies, ie:neck and back pain. If not what are my options. I'm new in this and my memory is not good at all so please bear with me. I'm also a Purple heart recipient, don't know if that mathers. Any advice on what I can do.

Also on my claim it states that "a higher evaluation of 50% is not warranted unless there is reduce reliability and productivity due to such symptoms as: panic attacks more than once a week". Then somewhere in the next paragraph states that my records of the Va hospital I go to contain information about my panic attacks "reported as ocurring on average 3 to 4 times per week. Did they miss that part and granted me 30% instead of 50%? panic attack 3 to 4 times a week are also mention by my mental health dr on my Va records? Any help with this one too please!!!

 

[Joe01]

Thanks jerrbily.

Pilgrim:about my varicocele, I have pain down there 24/7. Some times not to bad and some times the pain is real bad. That's maybe why. Also in my SC award letter says that the Va doesn't have a rating for that specific condition. Hope this helps for u

[john999]

Joe

Do you have a private psychiatrist? You should get a medical opinion that your PTSD is worse. Don't just go for another C&P exam. Medical evidence is what you need for a higher rating. File your appeal and begin getting all the evidence you can get to present to the DRO. Are you working? Your work status is a big factor is getting a higher rating for PTSD. 50% is probably as high as you will get if you are still working.

[jerrbilly]

I'm not sure if I would go this route yet since he might have all he needs to get 50%. I would send in your medical records and highlight the part that states you are having panic attacks 3-4 times a week. This is clearly in the 50% and they might have missed it.

Same thing happened with me with my diarrhea being missed for the next level (30%) from 10%. All I did was send in my medical record(s) showing this and they corrected it about a month later. I was shocked.

I also wouldn't ask for another exam right now. Since you recently had an exam could be several months before your next exam and pro-long your NOD.

Jerr

Joe

Do you have a private psychiatrist? You should get a medical opinion that your PTSD is worse. Don't just go for another C&P exam. Medical evidence is what you need for a higher rating. File your appeal and begin getting all the evidence you can get to present to the DRO. Are you working? Your work status is a big factor is getting a higher rating for PTSD. 50% is probably as high as you will get if you are still working.

Edited January 26, 2010 by jerrbilly

[john999]

Jerr

If a vet gets a rating decision he/she can ask for a reconsideration, or do a NOD. If the VA corrected themselves in your case in a month you must have asked them to reconsider their decision in so many words. There are only so many ways to deal with a rating decision. The VA does not just self-correct on their own unless they call a CUE on themselves. Joe could ask the VA to reconsider their decision, but he needs to be very sure they know he is asking for a reconsideration and not a NOD. While all this is happening the NOD clock is ticking.

[Pete53]

If you ask for TDIU cause you can't and are not working the VA weill have to reevalue your service connected ratings and I think you should get it.

Do you get Social Security? If not and not working apply for it

[broncovet]

Joe

Thank you for your service, including your purple heart. Yes, its an uphill battle to win IU with your percentage numbers but

DONT GIVE UP ON IT IF YOU ARE NOT WORKING. Everything is an "uphill battle" with the VA, and you will have to fight for your benefits at the VA harder and longer than you fought the enemy.

In a nutshell, if you are not working, it does not mean you dont meet the requirements for IU, rather, it means you were lowballed to try to keep you from getting it. If you persist long enough, your percentages can be increased to meet the requirements, that is, you can be increased to 70%.

Keep applying for IU, or if you havent applied, apply. If you have been denied, appeal.

In another post, I asked Veterans IM me if they got their full benefits in one RO decision. No one IM'd me, and I know of only one Vet who got their full benefits with ONE RO decision and no appeals. There may be others, but they are rare.

Lowball decisions are just one method the Va uses to save money. Some others are delays, denials, and manipulating the effective date in their favor.