ptsd Ptsd

[grent]

I have a question for the HADIT Forum.

My question is this regarding PTSD

if i veteran meets only one of the 38 CFR criteria for 100% rating for PTSD can he be awarded 100% PTSD? Yes or No?

If say for instance a veteran meets only the social occupational aspect where by he cannot secure gainful employment due to difficuly in adapting to

stressful circumstances (including work like setting); inability to establish and maintain effective relationships,

should not the veteran be awarded a 100% PTSD rating??

or

does the veteran have to meet more than one of the 38 CFR requirements to be awarded 100% PTSD

one final note if a vet is already 70% PTSD will that work in his favor to add to his request for 100% PTSD or not?

and then based on the new laws for SMC i think its Bradley v Peak case law I think Berta mentioned this case law-----

if the vet is awarded 100% and has another rating at 60% or even a couple of 30% sc's or say couple of 40% sc's does the VA now have to try to see if they can qualify the vet for SMC plus some SMC K awards

I would like to hear from the HADIT forum in relation to this issue.

Thanks again

grt

[Pete53]

If the Veteran can't work due to a service connected condition it is on the VA to fit the rating so that they can have at least TDIU.

A Hadit Member who has passed once got a Veteran he was representing 100% who was rated 10% for loss of sphincter control 100% TDIU

[stillhere]

I agree with Pete if any one thing can cause the veteran not to be able to work then VA is/should be obligated to grant IU.

As far as the SMC are you asking a question or just making a statement?

[Philip Rogers]

Yes and yes. The veteran need only meet one (1) requirement of the 100% criteria to qualify for a 100% rating. Obviously, the more criteria, he/she meets, the easier it is to get the VA to rate 100%. Don't count on the VA to voluntarily look for anything.

pr

[john999]

You know I can't really see the difference between a vet who gets 70% IU for PTSD and a vet who get 100% for PTSD.

Both are unable to work. I know 100% says total social and occupational disability. The difference between people who are just unwell and those who are totally disabled is always the ability to work. Plus if you get SSD for PTSD should not it be just obvious that this person is 100%. I know the VA has gone back and forth on this in the past 20 years. I just really understand the concept of TDIU for a mental disorder as opposed to 100% schedular. I think the VA just plays games with this concept.

[grent]

Yes and yes. The veteran need only meet one (1) requirement of the 100% criteria to qualify for a 100% rating. Obviously, the more criteria, he/she meets, the easier it is to get the VA to rate 100%. Don't count on the VA to voluntarily look for anything.

pr

Most of the cases i read @ bva web site end with bva judge saying complete social and occupational impairment veteran is here by awarded 100% PTSD the doctors who comment seem to by pass the anger issues and focus on whether a veteran is able to1 maintain relationships and be 2 able to work in a work type setting when he is not able to then he is awarded 100% but in my opinion i would say the underlying causes for that could be anger and poor behavior or what VA terms as loud out burst of anger or innapproriate behavior

i see what your saying i agree

thks

gt