ptsd Va Is Reducing My Rating...confused!

[flamethrower12]

Hello. In July of 2010 I had a C&P and was rated 70% (50% PTSD, 30% COPD, 20% Open Reduction Internal Fixation, Right Wrist). I then applied for IU and had a new C&P in May 2011. My regular VA psychologist and the C&P psychologist noted that I was indeed unemployable due to the PTSD. The regular C&P examiner also noted that I was unemployable due to the COPD, PTSD, and wrist. My claim had been sitting in Notification for a while, and today it went back to Gathering of Evidence. I called the 800 number to find out what was going on. They said that they are reducing my wrist rating, because it was decided that the condition had improved. In the 2010 exam, the following was noted:

Dorsiflexion 0-65, Palmarflexion 0-63, Radial deviation 0-18, Ulnar deviation 0-35. After movements, it decreased to: Radial deviation 0-15 and ulnar deviation 0-28 with incapacitating exacerbations. In May 2011, the following was noted at my C&P: Dorsiflexion 0-61, Palmar extension 0-73, Radial deviation 0-12, Ulnar deviation 0-39. This examiner did not do motions to see if the range of motion changed. A little background about the wrist...I was attacked by a senior NCO, and my right scaphoid was damaged. I had surgery, and during the surgery, one of the machines broke. They kept me under and used a tourniquet until the machine was fixed. It was down for approximately 1 1/2 hours. Once it was fixed, they repaired my arm, but over-extended the cement. The x-ray from 2010 states: "The veteran had x-rays of her right wrist and showed operative changes with a short screw. No evidence of vascular necrosis. Radiocarpal and intercarpal joints are unremarkable. Satisfactory alignment. Large calcified density at distal radius involving the metaphysis to the articular surface. This may represent post interventimal bone cement that extends beyond the volar aspect of the distal radius. Diagnosis: Residuals of scaphoid fracture right wrist, residuals of surgery for non-union scaphoid injury. Traumatic osteoarthritis of right wrist." The 2011 x-ray is less indicative of the pain this "large calcification" causes: "Status post-fixation of scaphoid with a single metallic screw. Dense radiopaque packing material is seen within the distal radius some of which appear to be protruding externally on the ventral aspect seen on the lateral view. No evidence of acute fractures or dislocations. No soft tissue swelling or joint effusion." My question is, what is the difference between the two C&Ps that would indicate an improvement of the condition? It is noted throughout my medical records since the surgery that repetitive motion of the right wrist causes severe pain, limited motion, fatiquability, swelling, and dislocation. If the wrist is dropped down from 20% to either 10% or 0%, then my claim for IU will be mute, because I will then be rated at 60% instead of 70%. Is it even possible to NOD this, with a chance that the 20% would hold up? I am very upset, because this injury was caused by a senior NCO, and then the surgery was botched by another military member. Nothing has changed as far as symptoms, yet they are reducing the amount based on two different C&Ps done within 1 year of each other. Any advice or suggestions would be greatly appreciated. I am feeling my IU claim slowly getting thrown out the window. Thanks. ** Also, I was just awarded Social Security disability for the PTSD, dated January 14, 2012. I will be forwarding the SSD letter to the VA, not sure that it will make a difference though.

Edited February 9, 2012 by flamethrower12

[sharon]

The first thing you need to do is ask for a hearing. The second thing you need to do is get your doctor to give a medical opinion as to the status of your wrist. They can not reduce your rating until after you have the hearing. You have to do it right away.

[flamethrower12]

Sharon,

Thank you. I am definitely not letting this one go without a fight. The x-ray of the over-extended cement clearly shows how it protrudes out into the area of the wrist that controls movement, rotation, etc. While I am awaiting the hearing, will this put my IU claim on hold? I have heard that it can take quite some time for a hearing. Or, if they have enough information to increase my PTSD claim, can they decided on the IU prior to the hearing? Thank you for your advice!

[sharon]

What you are asking for is not a VBA hearing or an Appeal. This being said, it should take less than 3 months. They will have the hearing before they decide on you TDIU. Make sure you have your evidence in advance of the hearing. A current statment from your doctor is always a good thing.

[Philip Rogers]

A hearing on a reduction proposal is different than a hearing on a claim. They always schedule those quickly. As for TDIU, stop worrying about the 60%/70% thing. Your docs say you're unemployable and that should be sufficient, for a TDIU award. Altho, the VA can still deny, those statements count very strongly when or should it go to the BVA. In the meantime, try to get more evidence. Be sure the VA gets your SSDI award info. jmo

pr

[Fire101]

Even if your wrist rating was reduced to 0%, the way VA does their compensation addition you would still be rated at 70% overall. Your 50% + 30% = 65% (which would be rounded up to 70%).

[Berta]

"Also, I was just awarded Social Security disability for the PTSD, dated January 14, 2012. I will be forwarding the SSD letter to the VA, not sure that it will make a difference though. "

If solely for your SC PTSD, this is prime facie evidence that a service connected disability has rendered you as unemployable.

The VA will need you to sign an authorization form to obtain the SSA findings.Maybe,since your SSDI award is so recent, the SSA office that helped you might be able to provide you copies with more details then the SSA award letter contains.

Not sure if they will, but that could make the TDIU award hopefully go faster.

Sharon is the expert here however on the time frame and as she said ,the hearing will come first,then they will handle the TDIU claim and by then they should have the SSA records.