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

[jbasser]

You dont need to worry about the wrist, If you were awarded SSDI solely on the PTSD that is what is precedent to the VA so they should either award you IU or 100 percent depending on your information listed in your mental health records.

That is the bottom line.

NOD the decision and send the SSDI award in. You may want to consider bringing an experienced attorney on board.

Folks, does it seem like once a veteran files a new claim after being conected for a while there is quite a bit of negative retaliation which leads into needless reduction proposals.

That is the vibe I am getting.

Basser

[Jerrel]

Good point JBasser negative retaliation after a hight SC % is not so uncommon with the VA..