ptsd Statement Of Case

[devildog2061]

I just received a SOC from my 2 DRO Review appeals.

1. Increase of PTSD, currently rated 50%

2. File for IU

I'm currently rated at 80%...

60skin, now 50 PTSD, 10 ankle, 10 tinnitus

I was increased to 50% PTSD on appeal 1, but denied IU....on appeal 2.

The reason for the denial of IU states that I have not been found unabled to secure or follow a

substantially gainful occupation as a result of service connected disabilities.

My question is can I submitt additional evidence prior to going to the BVA. I have an outside

Psychologist willing to write an IMO for me. I would hate to have to wait 4+ years...

Would this help ?

[john999]

If Voc Rehab rejects you that is good proof of TDIU. I was rejected by voc rehab and that helped in my TDIU. I did have a lot of evidence. I had evidence from Vet Center and two IMO's. I don't think you can have too much good evidence.

[broncovet]

You have been given good advice. I will add you need to look carefully at your 50% PTSD, and consider appealing that also. If you can get that increased, you will likely get TDIU.

Look carefully at the criteria for PTSD and match that up with your DOCUMENTED symptoms. If you have symptoms that you have not told the doc about, you need to make sure they are documented. The rule at the VA is IF its undocumented, you dont have it. The VA wants you to document everything.

If you feel your symptoms equate more closely to 70 or even 100% for PTSD then seek the increase, or better yet, appeal the 50%.

The 100% criteria is Total social and occupational impairment.

1. Social Impairment. Are you divorced? Are you estranged from any of your children or other family members? If so, you need to tell your Doc this and have him document it. Did you have any documented domestic violence, or domestic abuse? Were you ever arrested? If so, what for? Were the police ever called for you/your wife fighting? Tell them about that, even if the charges were dropped. Did you ever have a suicide attempt? Be sure to tell them about that, too, even if you later changed your mind.

2. Occupational impairment. Did you get fired from your job or did you quit voluntarily? If you quit, were you under pressure to leave? Did you miss work due to a hospitalization How many times? Did your doc appointments conflict with work? How many times? Weekly, monthly, etc. If you think your "layoff" was because you and your boss did not get along, then state that, too. You can state WHY you think that, too. If your boss "layed you off" then hired someone else and did not call you back, then document that, too. If someone is doing your "old" job that is not a Vet, then that further suggests your employer thought you had PTSD. Did your old boss know about your PTSD? Did he say anything to you about it, especially in front of someone else? Did he ever give you a "written" warning?

Did your old boss do an evaluation? Did he state you had difficulty getting along with co workers? Is your PTSD interferring with you getting a new job? How? Is it on your record? Have you been turned down for jobs? How many did you apply for? Did you agree to work for less and still get turned down?

All of these are just examples that you can document and justify a higher rating. Yours will probably be vastly different than those I suggested.

[john999]

Bronco

You know the VA has the vet in a vice. If you match up your symptoms too closely with PTSD VA criteria you may be accused of faking it. If your symptoms don't match up close enough you will be denied.

[carlie]

The way claims processing has been running lately I personally

would forgo filing anything additional at this time, let this last

decision become final - and then submit a request for an increase.

This is JMHO - I feel letting a little increase slide by for 12 months is worth forgoing

inorder to receive faster adjudication, down the road.

Agin - JMHO.

[Rover]

All of your responses are right on point and very educational. I will post my OSA denial; i'm hoping for similar advice with my NOD.

Hooah

[towens]

Just received my SOC from my De Novo Review, so they increased some of my ratings and not others, but my real question is will I get another ratings letter, or is the SOC stating the increase in ratings it? And if I am happy with my new ratings, do I need to do anything with the VA from 9? FYI, I am very happy with the increased ratings, went from 40% to 80%, just not sure what is next?