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Ptsd

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grent

Question

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

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  • HadIt.com Elder

grent - you've really lost me. Please quote the regs you're talking about. Some vietnam vet friend said doesn't cut it. In '89, I believe, 4.16c became effective and was rescinded on 10/8/96. It required anyone w/a single disability of PTSD rated at 70%, unable to work due to that disability, to be rated at 100% A schedular rating of 100% requires the VA to infer HB or A&A. Were you rated during that period?? You're just confusing me.

pr

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

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the va mis diagnosed me and said i have mood disorder then later down the road they re-classified my mood as PTSD and gave me 70% when in fact based on my not being able to obtain gainfull employment because of my PTSD the va should have given me 100% PTSD THAT DIDNT HAPPEN I GOT 70% PTSD THATS ABOUT TO CHANGE !!

now the laws changed once they give me 100% Ptsd they will have to consider smc but going back when i was removed from TDIU and granted 100% P and T (70% PTSD included) the VA should have considered SMC and going back even further if i read the law right when I was placed on TDIU at that point VA should have considered SMC THAT DIDNT HAPPEN EITHER

it s really nothing major everyone i talked TO tells me just to keep re-filing for the 100% PTSD and eventually i will get it JUST LIKE ALL MY OTHER VET FRIENDS DID THEY WENT THROUGH THE SAME THING

The reason why i will get is because of "CONTINUITY OF CASES."

THE REASONING HERE IS IF YOU DO IT FOR ONE YOU DO IT FOR ALL

I'M NOT WORRIED ABOUT IT I KNOW AT SOME POINT I WILL GET IT JUST LIKE I KNOW I WILL GET SMC

ITS NOT A QUESTION OF HOW OR WHY ITS JUST A MATTER OF WHEN

I CAN WAIT THEM OUT THATS ALL !

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  • HadIt.com Elder

grent - you've really lost me. Please quote the regs you're talking about. Some vietnam vet friend said doesn't cut it. In '89, I believe, 4.16c became effective and was rescinded on 10/8/96. It required anyone w/a single disability of PTSD rated at 70%, unable to work due to that disability, to be rated at 100% A schedular rating of 100% requires the VA to infer HB or A&A. Were you rated during that period?? You're just confusing me.

pr

Phillip, he is confusing me, also. But, I have decided that I have not enough time in the day to try and figure out some of these postings. Especially in cases such as this, when the poster has already convinced themselves of the righteousness of their cause. It also is disconcerting when I read repetitions of self-encouragement.

If I feel that I can help someone, I will try very hard to do so, but, I will not become entangled in someone else's thought processes, which I see that this has the possibility of becoming..............

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  • HadIt.com Elder

When you add Bradley v Peake to it then should not the VA consider IU and 100% schedular as equal in all but name. They are equal regarding SMC potential in most cases as I read the long and confusing Bradley 2008. So how are they different for a mental disability? There is almost no difference. If you extrapolate from Bradley then when a vet gets IU for a single disability that would be almost exactly the same as 100% schedular. Read Bradley and see if you agree.

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When you add Bradley v Peake to it then should not the VA consider IU and 100% schedular as equal in all but name. They are equal regarding SMC potential in most cases as I read the long and confusing Bradley 2008. So how are they different for a mental disability? There is almost no difference. If you extrapolate from Bradley then when a vet gets IU for a single disability that would be almost exactly the same as 100% schedular. Read Bradley and see if you agree.

HERES WHAT WILL HAPPEN THE VA WILL HAVE TO AWARD ME 100% PTSD BASED ON MY SOCIAL SITUATION WHEN THAT HAPPENS BRADLEY V PEAK AND THE OTHER NEW LAWS REGARDING SMC SHOULD KICK IN

AND I WILL BE REVIEWED FOR SMC BASED ON MY SMC ISSUES WHICH I WILL HOPEFULLY GRANTED

AFTER YOU ARE REMOVED FROM TDIU AND GRANTED 100% P AND T THEIR ARE ONLY CERTAIN CONDITIONS UNDER WHICH YOU ARE GRANTED SMC

I FEEL CONFIDENT IN READING ALL THE OTHER POSTS THAT FOLLOW ALONG THE SAME AREAS AS MINE

FOR ME ITS NOT A QUESTION OF HOW ITS JUST A MATTER OF WHEN

THANKS I CAN SEE WHERE I AM HEADING NOW

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