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Ptsd

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grent

Question

I am currently 70% for PTSD

my question is this

If one of the requirements is met for 100% PTSD ----- I E ---- 1889 38 CFR 4.16 a mental disorder precludes a veteran from securing or following a substantially gainfull occupation the mental disorder shall be assigned a 100 % evaluation under the appropriate diagnostic code

their fore since i cannot secure a substantially gainfull occupation because of my PTSD my 70% PTSD should be moved to 100% PTSD.

I don't believe all the requirements have to be met to get 100% for PTSD whats your opinion on this matter any comments would be greatly apppreciated. Have read soldiers guide for PTSD that helped me get my 70%

thanks

grent

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I am currently 70% for PTSD

my question is this

If one of the requirements is met for 100% PTSD ----- I E ---- 1889 38 CFR 4.16 a mental disorder precludes a veteran from securing or following a substantially gainfull occupation the mental disorder shall be assigned a 100 % evaluation under the appropriate diagnostic code

their fore since i cannot secure a substantially gainfull occupation because of my PTSD my 70% PTSD should be moved to 100% PTSD.

I don't believe all the requirements have to be met to get 100% for PTSD whats your opinion on this matter any comments would be greatly apppreciated. Have read soldiers guide for PTSD that helped me get my 70%

thanks

grent

I believe your symptoms have to closely match those in the narrative. It is the whole picture gaf, psych records from your treating providers, interview at c&p exam. If you are unemployable than you should apply fot TDIU.

JMO,

Bergie

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  • HadIt.com Elder

If you are 70% and can't work the VA should either grant 100% or use TDIU 100% as that is what it is for. You have to request TDIU although the VA was supposed to consider it when they rated you at 70%.

If this was my claim I would appeal the 70% and ask for 100% due to symptoms as schedular or if not to grant 100% TDIU at the 70% effective date. There is a form you need to fill out and submit.

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  • HadIt.com Elder

grent - where did you find this?? There used to be a regulation, 38 CFR 4.16c, that stated basically this but it was rescinded 10/8/96. As others have stated, you should apply for an increase to 100% or TDIU. In that TDIU request I would add the following statement: If for any reason I am found not qualified for TDIU, based on 38 CFR 4.16a, then I request "extra-schedular" consideration, under 38 CFR 4.16b, as I am unable to work due to my service-connected PTSD.

pr

I am currently 70% for PTSD

my question is this

If one of the requirements is met for 100% PTSD ----- I E ---- 1889 38 CFR 4.16 a mental disorder precludes a veteran from securing or following a substantially gainfull occupation the mental disorder shall be assigned a 100 % evaluation under the appropriate diagnostic code

their fore since i cannot secure a substantially gainfull occupation because of my PTSD my 70% PTSD should be moved to 100% PTSD.

I don't believe all the requirements have to be met to get 100% for PTSD whats your opinion on this matter any comments would be greatly apppreciated. Have read soldiers guide for PTSD that helped me get my 70%

thanks

grent

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