Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0

Question

Good morning all and again thanks for being here.To refresh I received a rating of 30% for ptsd and i think that was wrong,here is why:

Diagnosis:Axis1 ptsd,other diagnosis is Major Depressive Order.the multiple axis1 diagnosis are related and the second diagnosis does represent a progression of the primary because the ptsd caused a later onset of major depressive disorder.each mental disorder can be delineated from each other.the ptsd is an anxiety disorder described as having flashbacks,intrusive thoughts,diffuiculty sleeping with nightmares,problems trusting people,difficulty with memory,being easily startled,avoiding activities,inability to remember importantaspects,intense physical reaction,sense of limited future,guilt,and difficulty trusting people.major depressive disorder is a mood disorder marked with depressed mood,generalized loss of intresst,low libido,insomnia,low energy,and having no social llife.

Axis11-defered

axis111-bilateral hearing loss and tennitus and copd

Axis1V-severe issues with occupational,personal relationships,psychosocial and social enviroments

AxisV-the Gaf score is 32

Answers to the Question from the VA:in referance to the question PTSD is diagnosed please state if IT IS LEAST LIKLY AS NOT RELATED TO THE CONFIRMED STRESSOR OF FAMILT PERISHING IN FIRE-tHE PTSD IS DIAGNOSED AND IS IS AS LEAST AS LIKELYAS RELATED TO THE CONFIRMED STRESSOR,AS WELL AS THE COMBAT HE ENDURED WHILE IN NAM.

the effects of ptsd symptoms on his employment and overall quality of life including not being able to handle the stress and other ptsd symptoms associated with work.he has interferance with daily life because he relys on oxygen 24/7.the above statement is supported by the following: difficulty in adapting to stressfulcircumstances(including work or work like settings and inability to establishe and maintain effectiverelationships.Based on the exam the clainent needs to seek followup treatment.he requires outpatient counselimg and medication. he does not appear to pose any threat of danger or injury to self or others.the prognosis for the psychiatric condition is poor.

hope this helps with what i asked in saying that i think it was wrong in giving me a 30% rating.thanks again i will await any answers.

Share this post


Link to post
Share on other sites

Recommended Posts

Ad

You may want to NOD that decision or ask for a reconsideration. This is a lowball. A Gaf score of 32 and they gave you 30 percent.

Look up the title 38 cfr 38 part 4, schedule for rating disabilities and compare your situation with the posted regs.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=ffb9326eae9660f62ca8b4a86ad2fc95&rgn=div8&view=text&node=38:1.0.1.1.5.2.110.73&idno=38

J

Edited by jbasser

Share this post


Link to post
Share on other sites

I think I remember your problem or one just similar. You definitely have a case for a NOD appeal or a reconsideration. While the reconsideration would be faster you are going to need some type of evidence to support this or something that you are sure they did not look at.

From reading that write up I would put you at 70% or at least 50% there is no way unless I am missing something that makes you 30%!

Share this post


Link to post
Share on other sites

Low ball is a mild term you should say railroaded. Appeal!!! I would ask for a DRO Hearing if it was my claim.

Can you tell us why they felt you were entitled to 30%? If that was your C&P exam someone should be fired.

Share this post


Link to post
Share on other sites

here is the reason for decision: Ptsd has been established.Exam by the dr.shows you have ptsd.We have no evidencethat indicates you were involved in combat. regulations say doubt goes to veteeran.

an evaluatio of 30% is assigned from mar 11 2010 the date we received the claim.30% is granted whenever there is occupational and social impairment with occasional decrease in work effeciency and intermittent periods of inability to perform occupational tasks,altho generally functionaing ok with routine behavior self care and conversation normal,due to such systems as:depressed moods,anxiety,suspiciousness,panic attacks,weekly or less often,chronic sleep impairment,mild memory loss.the exam by the dr.found your effect and mood indicate a disturbance of motivation and depressed mood.you have recurrent recollection of the traumatic event with recurrent distressing dreams.you avooid thoughts,feelings or conversations associate the event and markedly diminished participation in activities.based on these symptoms you are shown entitled to the 30%.

a higher evaluation of 50% is not warrented unless there is reduced reliability and productivity due to symptoms such as flattened affect bla bla bla.

the dr calculated you gaf to be 32,which indicates a serious mental disorder that is inconsistent with the symptoms he reportd. the dr.found no flattened affect,speech problems panic attacks,difficulty in understanding,memory problems,or impairment of thinking or judgement.therefor the 50% evaluation is not warrented.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines