ptsd Wife And Caregiver Of Totally Disabled Vet

[Caregiverjc]

My husband is a Vietnam vet. He applied for PTSD 3 years ago and has been denied. He appealed, had another exam about a year ago, still waiting to heal. We are sure that they chalk his PTSD to his other condition. A little history: Over 20 years ago my husband was in an accident and suffered a severe brain injury. The catastrophic injury has left him in a wheelchair and I have to take full care of him. He has severe short term memory problems and needs help with every daily existence. He has no VA benefits because of the, I think 2003 law change about qualifying. I think he can qualify for housebound but not sure. My question is should he wait until we hear about the PTSD claim or start a new claim in the other direction. I would like some advice on what to do and where to start. This is all new for me and my husband isn't able to help. If anyone can help I so would appreciate it.

[Caregiverjc]

I have read about that benefit. What I'm confused about it looks like you have to be almost homeless and having no income to qualify for that benefit.. That was what I was getting at with my first post..Should he wait to see if he is reconsidered for his first claim of PTSD or can he apply for that benefit..

[Bigred122]

Were you aware that he can receive non service connected catastrophic disability from the VA on the basis of his having served one day in a period of war, just for applying for it? I think they are paying at the 60% level with no dependents which is about $ 967.00 a month. My brother in law (another Marine ) come down with multiple myaloma, didn't know where to turn so they called me. We got got the paperwork together and filed the claim, he was dead within a year but damm it he died with his VA benefits.

http://www1.va.gov/VHAPUBLICATIONS/ViewPublication.asp?pub_ID=2350

Here is the link Boxer is refering to!! Mike

[Boxer]

thanks Bigred122, here is some more info on it:

What is VA Pension for veterans?

This pension is based on the theory that the veteran served their country during a time of war and the country that they helped will now serve them by supplementing their income.

Pension is a benefit paid to wartime veterans who have limited or no income, and who are age 65 or older, or, if under 65, who are permanently and totally disabled. Veterans who are more seriously disabled may qualify for Aid and Attendance or Housebound benefits. These are benefits that are paid in addition to the basic pension rate.

Generally, you may be eligible if:

you were discharged from service under conditions other than dishonorable,

AND

you served at least 90 days of active military service 1 day of which was during a war time period. If you entered active duty after September 7, 1980, generally you must have served at least 24 months or the full period for which called or ordered to active duty (There are exceptions to this rule),

AND

your countable family income is below a yearly limit set by law (The yearly limit on income is set by Congress),

AND

you are age 65 or older, OR, you are permanently and totally disabled, not due to your own willful misconduct

Find out more at:

http://www.vba.va.go...sion/vetpen.htm

Income limits are set yearly by Congress. In 2011, it is $11,830 per year if there is no spouse or dependents, higher if there is. One is allowed to take various deductions to one’s gross income in order to meet the requirement. If the income is still too high, this then reduces the amount of the pension but does not necessarily eliminate it. There are also net worth requirements but the home is not counted as well as certain other assets.

Often times, the Veteran may have "too much" income or too high a net worth to qualify but yet the costs of assisted living or the nursing home is impoverishing the veteran, his surviving spouse, or his children who are contributing. In these situations, asset transfer strategies may be employed in order to qualify. Unlike Medi-Caid, there is no look back period, so transfers can take place the day before application is made. Sometimes these transfers are made directly to the children and sometimes to a specially designed Trust.

There is a dollar-for-dollar offset between the amount of the pension paid and the veteran’s household income, including retirement pension and Social Security benefits. However, there are certain types of expenses that can be deducted from the veteran’s countable income, such as unreimbursed medical expenses.

Find out more at:

http://www.aboutlivingtrusts.com/VA/NonServiceConnectedDisability.htm#Requirements & Characteristics

More Info:

http://www.education...64.104_vet.html

http://www.avvo.com/...ce-sliced-bread

Program Contact Information

You can complete the application online at: http://vabenefits.vba.va.gov/vonapp/

Follow the prompts for a new user - and create an account (this is e-benefits)

Edited January 27, 2012 by Boxer

[Caregiverjc]

I found my husbands rejection letter from the VA for PTSD. Here is what it said: " Copy of your DD 214 shows you were awarded the Distinguish Flying Cross and at least one Air Medal for valor. The VA has determined that awards such as the Distinguish Flying Cross and Air Medal with Valor are verifiable proof of combat stressor. There is no doubt you were involved in combat and that you served with gallantry and valor during your Vietnam tour. During the VA Exam you recalled some experiences of combat while in the Republic of Vietnam. You also told the examiner about a helicopter crash in 1991, many years after service, which left you in a comma and possible traumatic brain injury. After review of records, exam and personal history the examiner diagnosed cognitive disorder. The examiner explained that there are not enough symptoms consistent with diagnosis of PYSD and it does not seem likely you have PTSD. With much regret we must conclude that service connection for PTSD is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed"

[Berta]

Have you asked for a copy of the actual opinion?

What psychiatric tests did the examiner base their opinion on?

I have similiar situation.

For some reason in my recent AO IHD award and CUE claim the VA, suggested my husband's CVA was impacted by his 100%PTSD which led to their determination of 70% rating instead of 100% for the CVA.

They did award 100% for 6 months and then dropped the rating to 70 or 80 % I forget .

Actually it was aggravated by his PTSD and he had award from SSA solely for the CVA as well as 2 separate declarations by VA that it was 100% P & T .

The VA also had gven him 6 psychiatric tests to assess his cognitive fnctions as separate from his PTSD, similiar I believe to the PTSD and TBI testing they do these days.His MRI and autopsy all reveal his extent of brain trauma from the CVA.I have strong basis for appeal.

However my point with all that is-this is something PTSD /TBI vets might have to consider if they claim bpoth disabilities so that VA makes a proper assessment if they have both TBI and PTSD. TBI is basically any type of brain trauma.

In your case this could be a point of appeal and you could make a strong argument that any type of brain trauma such as TBI, CVA etc, can be assessed separatedly from PTSD by VA as they do it these days for OIF OEF veterans.

After receiving PTSD comp for 10 years they also gave my husband the MMPI Combat related as part of a 6 test test assessment.

I dont know if he ever had that test before and it certainly revealed his PTSD from war service.

You might need to demand these tests from the VA and it might take (it did in my case) a call or letter to your Congressman if no psychiatrict tests were even done by VA.

The complaint I made to my Congressman (one of many for many reasons) that led to these tests was done 6 months prior to the testing over another problem--- that resulted in a complete radical change in my husband's PTSD therapy.

You might have to get tough with the VA and I think your husband should consider getting a lawyer for his claim.

"The examiner explained that there are not enough symptoms consistent with diagnosis of PYSD and it does not seem likely you have PTSD. With much regret we must conclude that service connection for PTSD."

A copy of the actual report might be different.

[Boxer]

Caregiverjc do you have a service rep? Is someone handling your husbands claim? Helping you file this stuff? From what you've written it sounds like your going this alone. You guys really need someone to help you, check out these web pages then give one of these service organizations a call:

Vietnam Veterans of America, Inc. (VVA) Service Officer Program at https://benefitsforum.org/Rep.aspx

Disabled American Veteran (DAV) Service Officers Program (Click on your location) http://www.dav.org/v.../NSOffices.aspx

Veterans of Foreign Wars (VFW) Service Officer Program at http://www.vfw.org/NVS/

The American Legion Service Officer Program at http://www.legion.or...artmentofficers

Army Times published this article Saturday Jul 10, 2010: VA to loosen rules to get PTSD benefits. It reads in part: "Veterans diagnosed with PTSD by a VA health care professional or by someone under contract with VA no longer would have to provide proof that they had been part of a traumatic event in order to be approved for benefits. Their statements that they had experienced fear, helplessness or horror from an event in the military will be enough to make them eligible for benefits, senior VA officials said Friday." Read it all at http://www.armytimes..._rules_071010w/

I also pulled up some links you might want to look into.

VVA's GUIDE on PTSD at http://www.11thcavna...in/vvaguide.htm

VA's Best Practice Manual for Posttraumatic Stress Disorder (PTSD) Compensation and Pension Examinations at http://www.avapl.org...20final%206.pdf

Vietnam Veterans Of America at: http://www.vva.org/what_is_ptsd.html

Self-Help Educational Packet at http://www.berkshire...ility_ptsd.html

How to Prove your Claim for Veterans Disability due to Service-Connected PTSD at: http://www.attiglawf...laims-and-ptsd/

How to get VA compensation for PTSD at: http://www.veteransd...mpensation.html

The VA's National Center For PTSD at http://www.ptsd.va.gov/

Berta, the doctors opinion and all related materials would be in his C-File, which presents a bit of a problem: they will only release it to him or his accredited representative and he is housebound. I don't believe the wife would qualify. They need a representative to handle this, post haste. I'm curious did you guys have a power of attorney or handle it yourselves? You seem pretty well versed in VA speak, and a good example of what a disable vet needs; a strong advocate willing to take on the VA.

Edited January 28, 2012 by Boxer