ptsd Ptsd

[grent]

HI GOOD AFTERNOON. MY CURRENT RATE IS 100% P AND T JUST GOT REMOVED FROM TDIU BOUT YEAR AGO

MY PROBLEM IS THIS ONE OF MY SC'S WAS FOR MOOD DISORDER THEN THE VA DID AN OOPS RECLASSIFIED ME TO 70% PTSD.

I KEEP APPEALING AND SHOWING MY LIFETIME GAF OF 40 PLUS MY VO-REHAB DISMISSAL LETTER SAYING IM NO LONGER ABLE TO STAY IN THE PROGRAM PLUS ALL MY PYSCH REPORTS STATING I SHOULD BE 100% PTSD

VA STILL CONTINUES TO LEAVE ME AT 70% WHEN IN FACT OTHER VETS GET 100% PTSD FOR GAF OF 55 OR HIGHER

BUDDY MINE SAID JUST KEEP APPEALING EVENTUALLY VA WILL WAKE UP SMELL THE COFFE

ANYONE HERE STUCK IN THIS SITUATION OR FINALLY GOTTEN 100% PTSD

ILL BE GLAD WHEN I FINALLY GET ADVANCED TO 100% PTSD

ANY THOUGHTS HERE THANKS

GT

[stillhere]

This seems to be rather new at the VA since the back log has grown they have told their staff not to look for more trouble than you can solve.

Case in point my first claim I came here and had already filed (bad mistake) and after reading thought I was cooked! But the C&P I had was very good and the doc asked me questions while doing the exam. Quite honestly I think he was leading me to other issues I qualified for.

I had filed for DM2 and heart pain (angina)

When my award came he had put me in for PN and ED so instead of having just 10% I had 40% and only denied on my heart. I think with all the cost going around now they are not doing that.

I mentioned Acid reflux and anemia last time I was in and had not filed for it. The VA sent me a letter awarding me 100%+ housebound and point blank asked me do you want to now file for acid reflux and anemia. I said OK because I had heard they can cause death so I wanted to cover the bases.

Not sure if they will go back and look at my whole claim or not, but I am at the point that no matter what they do I am 100% so I don't care.

Great day today and God those innocent folks and the brave folks on the PA plane! Our nation WILL stand tall and lest we forget THAT is why we are in Afghan, so that nothing like that again will happen in the USA!

Off the soap box with teary eyes!!

Edited September 12, 2010 by stillhere

[grent]

I don't understand. You say you are 100% P&T.

Then you say that you "just got removed from TDIU a year ago"?

I don't quite follow you, for, if you are 100% P&T, why would the PTSD 70% rating matter that much?

And, no, I know of no person that has received 100% PTSD simply based on a GAF "score", and certainly never ran across anybody that was granted 100% PTSD on a GAF of "55 or higher".

Your post leaves me scratching my head...............I'm sorry.

i was on tdiu i continued to file for other sc those sc were granted and at that point my mood disorder was re-classidfied as ptsd 70% then after that i was removed from tdiu and granted 100% P and T

i am currently filing for smc and housebound

my question is this since i have total occupational impairment from my scs should the va move my 70% ptsd to 100%????

also would like to know if i am granted 100% ptsd can i work if possible??

thank you for your help

Edited September 12, 2010 by grent

[Berta]

John- it certainly seems to me that VA should have inferred SMC in your case.

Bradley V Peake is a long and confusing read:

http://hcvet.websitetoolbox.com/post?id=3177605

However it clarified the SMC regulations.

In this forum, under the CAVC Bradley V Peake case, 71infdantry makes a provocative statement which I agree with.

The CAVC and the subsequent clarification of the SMC regs made it easier to raise lack of SMC consideration as a CUE issue.

[Pete53]

John

I can count on my fingers and toes how many times I have seen the VA infer anything even with the evidence smacking them in the faced. If you don't ask they don't give.

I am a prime example of SMC not inferred.

[halos2]

Please change your avatar to reflect what % disability you are receiving...you have NONE typed in the area.

[grent]

That 1989 regulation was changed. Now those with a mental condition where they can't work may get 100%, or may get TDIU depending on symptoms. I am 70% for mental disorder and I can't work and I ended up with IU. There are a whole bunch of vets who are 70% for PTSD who can't work. They then have to apply for TDIU if they want 100% benefits.

I was on tdiu then i filed some more claims based on lost records and i told the VA my mood was not mood but PTSD months later without even telling me brown envelope comes in the mail

and it brown envelope does not say hi hello you are kicked off tdiu it drabbles on in the VA mumbo jumbo legal dictum so i had to call DAV and they told me I was removed from TDIU granted 100% P and T and my mood was re-classified as PTSD but only at 70% because during that time frame VA put a directive out to all VARO's NO MORE 100% PTSD because VA started to see a spike in 100% PTSD awards

friend of mine said yeah of course VA saw a spike in 100% PTSD claims because at that time 2 things happened the law changed on PTSD and a lot of troops were going to and returning from Afgahnistan and Iraq and a lot of troops were going to counseling seesions like mine and those sessions the out patient vet PTSD group sessions i went to were completely filled up.

In the intrem of this mess i met a viet nam friend in one of my vet sessions and he looks over the new decision i got he tells me the va is way off base in fact the VA did not look at the whole picture in regard to my PTSD and in fact because i cant go back to work because of my PTSD plus having a GAF of 40 not only should the VA have awarded me 100% for PTSD but in fact should have considered and awarded SMC because also the law changed on vets who got and approached 100% scs in regard to SMC

so now i have re-applied again for 100% PTSD and the SMC denial is on appeal timely appealed form 9 @ the BVA

The issue here is actually three things as i see it maybe im wrong correct me if i am

first PTSD was on the TV a lot in 2000 not only for the military but work in general,

then the VA started giving extremely high awards for PTSD then a directive got sent to all VARO's to stop awarding 100% PTSD awards

then after that happened the law changed on PTSD and the VA based on the complete medical record and new law that if only one of the conditions is met in my case not able to

substantially secure gainfull employment and its because of PTSD then the veteran is awarded 100% PTSD but that did not happen to me i got 70% BO BO BO

Of course chronic pain FROM MY APPROVED STRESSOR causes high blood pressure which in turn causes depression but thats only one small part of my PTSD picture va failed to catch the fact i cannot "SECURE GAINFULL EMPLOYMENT" its my opinion I have met the standard for 100% PTSD

so now i have to wait but its based on federal law and continuity of cases if you do it for one you have to do it for all

but to comment further most service organizations and veterans i have talked to feel that if only one of the conditions is met for 100% then the veteran is should be awarded 100% PTSD

if not then the whole psychological record should be re- evaluated to see if the veteran can still qualify for 100% PTSD and then if that happens then the question is because the law changed

on smc awards

then the VA would have to consider elegibility for smc after the decision was made to grant 100% PTSD i think now law changed va has to consider smc on all award s even approaching or definately at 100% either tdiu or schedular here again correct me if im wrong

thats how i see the PTSD issue on 100% PTSD awards but here again i could be completely wrong and off base no problem correct me if i am

but i would like to see more articles and hear what other veterans are going through or have gone through with PTSD awards I try to read as much as i can on PTSD and try to piece together how the rating law applies to me.

thks

grt