ptsd Need Help Calming Down, Voc Rehab And So Problems

[10thFO]

Ok here it goes. I've been living in my hole for the past year and this is the week that I need to file for a reconsideration on my PTSD at 50% and my unemployability. According to the regs, since I'm 70% now and over 40 for one they have to consider me for unemployability. I have struggled to come to terms with this but the more I screw stuff up, the more I agree with my Voc Rehab counselor. but thanks to my Psych, writing that I was temporarily unemployable, thinks I can work eventually that PTSD is curable. So now I have to have an indepent contractor on Friday. I called him just now to let him know I got his letter and called him. I guess since I seemed somewhat educated on what he was involved for he has decided pretty much over the phone that I will be employable. Ughh these people are killing me.

I've been waiting on Voc Rehab for almost a year now. I started it once the year before but had to rescind my entry, to get my claim back in front of the VARO to award my claim for PTSD. My shrink really pissed me off. She meets with me for 15 minutes every 2 months and she thinks she knows me? My Vet Center counselor wrote a long letter detailing who I fog out when I get stressed. Crawl into a hole and don't come out until I'm in trouble with the law or gov't for not filing taxes or employment information for the employees that were in a family business I drove into the ground. This thing makes to much sense, so I guess that's why it's all screwed up.

My VET Counselor wrote that "even though I displayed above average intelligence" that due to PTSD and stress there was no way that I could be considered employable. He's the MSW that sees me every week in group for the last year and a half, yet this outside contractor I have to meet with, who is also an MSW, for probably 30 minutes is going to say i'm employable based upon my age (36) and the fact that I have a BS in Communications. Dughh do you think.

Back to the SO, I went in last week and told him I wanted to file for TDIU back to October of 2004, date of claim for PTSD, I received the award on May 17,2005, so I have to file before next Wednesday. I also told him I wanted to reopen a claim for Nerve impingement in my neck, (actually first time i Filed it was for neck strain, and they didn't see it in my records where I was seen on multiple occasions for it caused by service) so I don't know if I should just file a new one, for Paralysis of lower radicular group of each hand, and Ulnar Nerve impingement, or try to work it back through the claim I filed for Neck Strain. If they would reconsider the strong evidence I have from my MSW at Vet Center for an increase to 70% PTSD and the fact that I've gotten paralysis in both legs and feet now, that I need to file an increase for, I'm thinking I should be able to get the 60% also for the back thing whatever they call it. That stuff with a rating for my neck and hands would take me to 100% schedular. Here's my problem, SO wants me to just file for a reconsideration on the PTSD unemployability issue right now. I need a decision sooner than later, and I know if I file for all this other stuff it's going to slow down my claim big time. My wife and I really need the money, but I would like to get my other ratings to were they should be, I just don't want to get the TDIU. I'd rather have all my illnesses recognized so when I die, it would be more likely service related.

Thanks guys I know this is long, but I'm really stressed and freaked out right now. Have to be in court on friday to see the state tax people. One good thing I got reading the 38 cfr and 38 uscs is that I can get my watch back that the sheriff took from me one day when he frisked me for money when I came in to get a worker out on bail, (he took $300 cash off of me and my watch which he listed as worth 60 bucks but my wife and I paid over 300 for) so next week I plan on going back and taking the federal code with me that says he can't attach my money, or anything that I bought with my said disability compensation even if I only used a portion of benefit money towards the purchase. I can't wait to get that back.

[Berta]

If these serious tax problems are in any way at all due to your PTSD, tell the VA that-

the MSW statement would support that- possibly-

If the VA shrink actually stated that your condition is 'temporarily unemployable due to ' PTSD (never heard that one before) tell the VA she offered no medical rationale for her statement that PTSD is curable and her statement has no known validity.

You dont have much time left- I think you should prepare the Notice of Disagreement yourself-

"SO wants me to just file for a reconsideration on the PTSD unemployability issue right now. I need a decision sooner than later, and I know if I file ."etc....

A reconsideration request does NOT alleviate the need for a NOD filed within one year after last decision. I suggest that you NOD the decision and refer them to the tax problems and attach copies of the MSW statements.

You can send along with the NOD, a claim regarding all of the other matters.

If you feel a reconsideration request would be faster then- perhaps you should file it- but at this point I would state that if the request does not grant the benefit you seek, then they should consider it as a NOD.

I personally do not think a reconsideration request at a VARO level has much merit-

I posted a BVA case here recently where the vet almost got screwed big time because his SO filed one of these at the VARO-

The VARO denied and said his NOD was not timely. Luckily the BVA saw it a different way due to the way the SO worded the request.

I sure would bring the statements from the MSW with me if I were you to the independent contractor-it will give him a better picture of what you deal with.

[10thFO]

Berta,

Thanks for the quick reply. It makes since. All I needed was a little push, I figured the SO was screwing me. I told him that if I filed a reconsideration I thought I would lose my 1 year date for the NOD. He told me know, but that's why I came here, I didn't think it was right, and from my researching the lexis nexis books I bought it didn't seem that way. Yes the tax problems are all related to myh PTSD. The PTSD was the cause behind the failed businesses. And I'll definitely take the ind. cont. the sales tax stuff, and all the other state employment commission issues I've had, including an investigation by the State Board of Contractors for a fraud case that was brought up on me of a house being built. It's definitely been a hell of a 5 years, and every time I see the light at the end of the tunnel, they dim it on me again, thanks a lot, I will definitelyh file the NOD this week personally and go ahead and file the other claims for increase and new claim. Thank you .

Also the Temporarily Unemployable was put on a form from the Voc Rehab counselor. Psych got mad when I pulled out the regulation about VA Docs having to help veterans write letters. She didn't want to do it, and was very agitated. She called the VR Counselor and told her she wasn't comfortable listing me as permantly unemployable due to my young age and the fact that she though my PTSD was curable with proper medication. Yeah right like I don't take 60mg of Prozac already.

Just for your info, I found a Regulation last week that said if you were temporarily unemployable due to a disability, that say had a length of over a year, that you could be found IU temporarily. I showed it to the Voc Rehab people but the supervisor said I was wrong. I know I wasn't and I'm sending my father in law a copy tonight (he's a judge) to see how he reads the regulation. I'll get back to you on what he tells me.

Edited May 9, 2006 by 10thFO

[sixthscents]

10thFO I got your message but when I tried to reply it wouldn't let me for some reason...who knows, but I'll research you question here and try to come up with some answers...as well as any others you have posted recently.

Bob Smith

[Pete53]

I wish I had a buck for every time an SO gave some bum information. If the reg reads in English that is understandable you have to cite the reg and ask for the proper decision.

I am no expert this is just my opinion but you owe it to yourself and your family to get the best deal you can. The VA is not your friend. Getting a VA claim properly handled is a lot like going to war.

[sixthscents]

OK, I've had time to consider your case, and I always tell the person I am advocating for what I would do in the same situation. Heck, I guess I kinda was...anyway here goes.

I would file a NOD immediatly,

Lets discuss the age issue first:

Always reference CFR 38, 'k?

And it says:

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A--General Policy in Rating

Sec. 4.19 Age in service-connected claims.

Age may not be considered as a factor in evaluating service-

connected disability; and unemployability, in service-connected claims,

associated with advancing age or intercurrent disability, may not be

used as a basis for a total disability rating. Age, as such, is a factor

only in evaluations of disability not resulting from service, i.e., for

the purposes of pension.

[29 FR 6718, May 22, 1964, as amended at 43 FR 45349, Oct. 2, 1978]

So..tell the Doc to get screwed...age is NOT a factor...

Secondly about the temporary part: Again referncing CFR 38:

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A--General Policy in Rating

Sec. 4.13 Effect of change of diagnosis.

The repercussion upon a current rating of service connection when

change is made of a previously assigned diagnosis or etiology must be

kept in mind. The aim should be the reconciliation and continuance of

the diagnosis or etiology upon which service connection for the

disability had been granted. The relevant principle enunciated in

Sec. 4.125, entitled ``Diagnosis of mental disorders,'' should have

careful attention in this connection. When any change in evaluation is

to be made, the rating agency should assure itself that

[[Page 337]]

there has been an actual change in the conditions, for better or worse,

and not merely a difference in thoroughness of the examination or in use

of descriptive terms. This will not, of course, preclude the correction

of erroneous ratings, nor will it preclude assignment of a rating in

conformity with Sec. 4.7.

[29 FR 6718, May 22, 1964, as amended at 61 FR 52700, Oct. 8, 1996]

OK, so this says to ME that a rating can be applied and then changed if the condition improves or worsens...and this is backed up in several places...see total disability under CFR 38 again.

SO...what does this all mean..well

1. File the NOD

2. Tell the psych Doc that age is NOT a factor, and that if she feels you have improved in 2 or 3 years..whatever...they can change the ruling...(they wont but they always can)

3. When the TDIU is approved NOD it for Total and Permanent..(hehe..that'll piss em off)

ALSO:....just so you know..you do NOT have to meet the 40% for one disability 70% overall criteria...heres the skinny...

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A--General Policy in Rating

Sec. 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where

the schedular rating is less than total, 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

disabilities: Provided That, 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, and sufficient additional disability to

bring the combined rating to 70 percent or more. For the above purpose

of one 60 percent disability, or one 40 percent disability in

combination, the following will be considered as one disability: (1)

Disabilities of one or both upper extremities, or of one or both lower

extremities, including the bilateral factor, if applicable, (2)

disabilities resulting from common etiology or a single accident, (3)

disabilities affecting a single body system, e.g. orthopedic, digestive,

respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple

injuries incurred in action, or (5) multiple disabilities incurred as a

prisoner of war. It is provided further that the existence or degree of

nonservice-connected disabilities or previous unemployability status

will be disregarded where the percentages referred to in this paragraph

for the service-connected disability or disabilities are met and in the

judgment of the rating agency such service-connected disabilities render

the veteran unemployable. Marginal employment shall not be considered

substantially gainful employment. For purposes of this section, marginal

employment generally shall be deemed to exist when a veteran's earned

annual income does not exceed

[[Page 338]]

the amount established by the U.S. Department of Commerce, Bureau of the

Census, as the poverty threshold for one person. Marginal employment may

also be held to exist, on a facts found basis (includes but is not

limited to employment in a protected environment such as a family

business or sheltered workshop), when earned annual income exceeds the

poverty threshold. Consideration shall be given in all claims to the

nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

(:( It is the established policy of the Department of Veterans

Affairs that all veterans who are unable to secure and follow a

substantially gainful occupation by reason of service-connected

disabilities shall be rated totally disabled. Therefore, rating boards

should submit to the Director, Compensation and Pension Service, for

extra-schedular consideration all cases of veterans who are unemployable

by reason of service-connected disabilities, but who fail to meet the

percentage standards set forth in paragraph (a) of this section. The

rating board will include a full statement as to the veteran's service-

connected disabilities, employment history, educational and vocational

attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989;

55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct.

8, 1996]

Now (:( is the important part....read it.

So, you do not have to hit all the marks (though it'd be hard to get it pushed thru I'd bet it still could be done depending upon the case)

Anyway there's my opinion based upon the VA's regs....anymore help and I'll be glad to provide it.

Always NOD..make that your mantra...always NOD ...om mani padme ohm...always NOD etc etc etc...

Bob Smith

[Berta]

Well put Pete- if my husband and I had believed everything NSOs told us we would have been in the crapper-

I had to call to task my own local vet rep for giving me incorrect info last year- here I was helping him with a claim he was handling and then he tells me something dumb about my own claim. I had to give him the actual regs.If I did not know better that day-I would have been screwed with my present claims.

"and the fact that she though my PTSD was curable with proper medication. Yeah right like I don't take 60mg of Prozac already."

10th FO- her statement sounds absurd-

how come the VA hasn't cured thousands of PTSD vets yet with "proper medication"?

I wonder if this is the way the VA intends to get out of paying PTSD comp to newly returning war veterans from Iraq? will they be found to have "temporary" PTSD?

How many vets has she cured?

Man -that is some statement- she is probably the last person you would want an opinion from- in my way of thinking-she sounds pretty biased.

I have been hanging around wth PTSD vets since 1984 when I worked at a vet center as a volunteer-

I do not know any one "cured" by medication.

Make sure they know the side affects of the Prozac on your ability to work-

Edited May 12, 2006 by Berta