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Surprise 70% Ptsd Rating; Now What Can I Do.............?!


PvtJoyI

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I hope you can help me; not sure what I should do.
I was rated Service Connected Disable for PTSD on August 21, 2012 @ 70%. I didn't expect this at all. If anything, I thought I would get a low rating for my physical aliments............(neck, back head shoulder).
When I applied in 11/2011, I had been out of work for 3 yrs and was totally distraught,confused and disoriented. Needless to say, I finally got a job in 02/12 and it is no where near what I use to do or the money I use to make.
I'd like to know what your advice would be for this:
I see where I do have serious social and economic problems and believe I am totally diasable & want to ask for 100% PTSD, Permanent and Total. I'm still on this job that wrecks my nerves, can't stop the obsessive thoughts and wants to hurt people because I don't work well with people at all. I took this week off because I couldn't pull up the gumption to go back in there after the week, mentally.
What should I do; appeal my rating 1st and then apply for TDIU while working or do I go ahead and let the job go in order to apply for TDUI and then appeal the VA's decision?
Thanks in advance.

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Senior  or Pvt, I know it has been awhile since this post, but any chance either of you still check this? Sorry- new to this and this topic hits home here.

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You can search for more questions about PTSD Ratings Here such as

PTSD rating question - VA Claims

community.hadit.com/topic/66344-ptsd-rating-question/
Apr 19, 2016 - Hello All I have a question, please excuse my ignorance as I am not fully versed on the 100% rating for PTSD. I understand what P&T and TDIU ...

Can I Get P&t For 70% Ptsd Rating - VA Disability Claims Discussion ...

community.hadit.com/topic/59826-can-i-get-pt-for-70-ptsd-rating/
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Ptsd Rating Appeal - VA Disability Claims Discussion Forum

community.hadit.com/topic/6434-ptsd-rating-appeal/
Ptsd Rating Appeal. Started by .... Home · General VA Claims Questions & Information · VA Disability Claims and Benefits Research; Ptsd Rating
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Why am I seeing different ratings for PTSD here?

My total rating, including Tinitus (thanks to multiple explosions) and shrapnel wound, AND PTSD is 60%.  Yet, if I'm reading this correctly, there are some here who have been granted 70% for PTSD alone.

I don't get it.

Employment was mentioned in a few posts, but considering I haven't been significantly employed, or under-employed for a number of years, I would think that might weigh in my favor.

 

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And some are here  who got 100% SC P & T for PTSD (my dead husband- 3 years after his death). It might be best to start a new thread here...this one is old.

The PTSD ratings are explained in the VA Schedule of Ratings, linked below the main forums.

"Employment was mentioned in a few posts, but considering I haven't been significantly employed, or under-employed for a number of years, I would think that might weigh in my favor."

Employability is a key factor to all ratings.

Did you NOD the 60%? If not you can re-open the claim with New and Material evidence.

Do you get SSDI solely for the SC conditions?

Did VA Voc Rehab ever turn you down stating your SCs make Voc Rehab unfeasible?

"considering I haven't been significantly employed, or under-employed for a number of years, I would think that might weigh in my favor."

It certainly could but there are other factors, as within the VA SRD, and VA has to know if you are ,in fact unemployed and/or how your SCs have affected your ability to work....since their last rating...that is where the new and material evidence comes in, if you did not appeal the 60% in time.

 

 

 

Edited by Berta
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Ricky0

you might try to get your last C&P for the PTSD and check the systoms the examiner checked yes in the boxes.

and compare them to the rating criteria that the VA has for PTSD

General Rating Formula for Mental Disorders

   Rating

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.100

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.70

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.50

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events).30

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication.10

A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication.

 

Edited by Buck52
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On 3/13/2013 at 6:53 PM, PvtJoyI said:
I hope you can help me; not sure what I should do.
 
I was rated Service Connected Disable for PTSD on August 21, 2012 @ 70%. I didn't expect this at all. If anything, I thought I would get a low rating for my physical aliments............(neck, back head shoulder).
 
When I applied in 11/2011, I had been out of work for 3 yrs and was totally distraught,confused and disoriented. Needless to say, I finally got a job in 02/12 and it is no where near what I use to do or the money I use to make.
 
I'd like to know what your advice would be for this:
 
I see where I do have serious social and economic problems and believe I am totally diasable & want to ask for 100% PTSD, Permanent and Total. I'm still on this job that wrecks my nerves, can't stop the obsessive thoughts and wants to hurt people because I don't work well with people at all. I took this week off because I couldn't pull up the gumption to go back in there after the week, mentally.
 
What should I do; appeal my rating 1st and then apply for TDIU while working or do I go ahead and let the job go in order to apply for TDUI and then appeal the VA's decision?
 
Thanks in advance.

 

 

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The reason you didnt get 100 percent or IU was the fact you we were working.

100 percent PTSD precludes working.

Dont quit to get IU just yet. That may backfire.

J

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Big factor on why you didn't receive 100% for PTSD as JBASSER had stated, your working. You can request a re-evaluation, but based on what you said above, I believe your 70% would be lowered. You stated you been out of work for awhile. Since that evaluation, you have secured employment.

I just hope that you are receiving the counseling that you are entitled to.

Good luck!

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  • HadIt.com Elder

What did they say about TDIU?? With a 70% rating they should have considered it, automatically. Can you post their "reasons and bases" for there decision??

pr

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“I finally got a job in 02/12 and it is no where near what I use to do or the money I use to make. “

Do you make wages below the poverty level and therefore are not substantially employed?

This post shows what I mean

“. If anything, I thought I would get a low rating for my physical aliments............(neck, back head shoulder). “

Did they defer these issues or mention them at all in the decision?

Do you have a strong service nexus for any of these issues in your SMRs?

What is the prime disability of the neck,back ,head, shoulders and what are you claiming as secondary?

Or are they distinctly separate disabilities?

Reason I ask is that this stuf has to be carefully clarified for the VA in the claim.

Edited by Berta
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Thanks for the input.

Here's my break down:

SC for PTSD @ 70 %

Service Connection for PTSD and Opid abuse(claimed as chronic depression, annxiety, panic attacks and sleep disorder.

We have assigned a 70% evaluation for your PTSD and Opid abuse based on: Speech intermittently illogical & irrevelent; The examiner's assessment of your current mental functioning, which is partially reflected in your GAF score;

Your GAF score is 60. No mention of UI.

"A higher evaluation of 100%is not warranted unles there is total occupational and socail impairment, due to symptoms as:Gross impairment in thought processes or communication;Persistent delusions or hallucinations;Grossly inappropriate behavior;Persistent danger of hurting self or others;Intermittent inability to perform activities of daily living;Disorientation to time or place, memory loss for names of close relatives, own occupation, or own name.

SC for Right Shoulder Tendonitis @10%

SC for Cervical Spine Degenerative Changes @10%

"A higher evaluation of 20% is not warranted unless there is foward flexion of the cervical spine greater than 15 degrees".

SC for Lumbar Spine Strain @10%

"A higher evaluation of 20% is not warranted unless there is foward flexion of the thoracolumbar spine greater than 30 degrees".

I am going to mental health. I'm getting some sleep but haven't started talking about my issues:gang raped @ induction site, married for security and that turned out abusive, can't have kids behind STD from rape, never completeing any goal I set, always failing, haunted by service to my country, some delusion and definie memory loss; no relationship in over 10 yrs including no sexual activity; rarely deal with people.

I just went to a VSO and he said that I don't need to appeal the decision because they gave me a rating. If anything, submit medical evidence to support a request in increase of %'s.; don't file for UI unless I'm not working; should I quit the job, but sure to stay that it was due to complication of my PTSD; Don't go for an appeal because it takes 5 yrs for a decision.

What else can I say................................I'm really torn and confused and don't know what to do.

All Input Welcomed and Thanks!

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I'm still on this job that wrecks my nerves,

You are not alone, I promise you.

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Understand that with PTSD.. getting a job was never the problem.. Keeping the job was..

Not sure what your relationship is with family but it helped my case to have my wife write a letter showing how my mental illness effected all parts of my life such as not able to care for our children when depressed because I can not care for myself.

The VA acknowledge that she was not a medical expert but did contribute as a witness to my state of mind. She wrote a letter describing me as my condition on the worst day possible.

Too often we want to appear strong and able even though it can hurt us. It helps to have someone work with you who knows you on the best of days and the worst of days who can describe it in detail.

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I just went to a VSO and he said that I don't need to appeal the decision because they gave me a rating. If anything, submit medical evidence to support a request in increase of %'s.; don't file for UI unless I'm not working; should I quit the job, but sure to stay that it was due to complication of my PTSD; Don't go for an appeal because it takes 5 yrs for a decision.

What else can I say................................I'm really torn and confused and don't know what to do.

All Input Welcomed and Thanks!

I agree with the VSO.

JMHO

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I disagree with the VSO. If you dispute the rating%, then file a NOD. Simply asking for an increase without a NOD, could result in an increase, but at a later effective date. Whenever you can, preserve your effective date, assuming you feel that you are entitled to 100% at an earlier date. Your effective date determines your retro. You know much more about your work/medical history than we do, and you know more about it than your VSO.

If your employment is "marginal" then you still qualify for IU. Marginal employment means you earn under the poverty level in a 12 month period. The poverty level is about 10k per year. So, if you have earned under 10k in the past 12 months, you can apply for IU. IU means you are unable to maintain substantial gainful employment, and marginal employment does not count.

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  • HadIt.com Elder

does your primary care or shrink support your stopping work? without their support your claim is not going to go very far, you need the medcial evidence and medical support yo get the rater to support it, and frankly I have to say you are the first person I have even seen get 70% with a GAF score of 60 we all know GAF scores are a snapshot and they can vary from hour to hour but in a C&P exam that appears to be high for a rating of 70.

the NOD can or BVA appeal can take a year to 4 or 5 years right now there is nothing easy about it if you have a spouse and kids are they covered by health insurance where you work now, if you quit what are they going to do for health care until your appeal is granted if it is granted? It's your choice but it can get a better award or it can make things worse there are no guarantees

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Thank you for all the feed back.

Here's the latest update. Meds have been a big help with dealing with the job, although I still want to leave it. Got my C-file from regional office. Un be lieve able~!~!~

Physical aliments are still painful and one of the Dr's on my primary care team told me to talk to my psych for an adjustment in my meds, as if the pain is all in my mind.

The medical records clearly reference sick call for back, knees, stomach and others area determined, "No evidence of".

I have until the end of June to submit my NOD. I would appreciate all input again on the best way to write the notice. I know that I will be submitting new medical evidence.....oh by the way. I forgot to mention that I requested my SMR from St.Louis and they sent me 2 pages!(unreal) my VA file has all the information I need to substantiate the claims that weren't given service connection.

So I plan on taking each section denied and will add each medical reference to denied claim so that the DRO reading it, won't have to figure it out; it will be laid out in such a manner that even Forrest Gump would say, "this is Service Connected".

One more question; can I request a 2nd C&P because I did what the examiner said to do and she said I had full ROM but did not annotate the pain it inflected.

Oh; one more thought, reading my personnel file, I can see why they easily rated me @ 70% because I was a documented threat to my self and others on too many occasions...................it hurt to read & remember some of the instances.

Well, thanks for reading this and I look forward to any and all information, suggestions and personal experiences.

PS Does anyone have experience with a "Fully Developed Claim". I need to submitted another claim for items listed in my SMR that I can ask for SC because they are problematic. I don't trust my VSR because once she found out I got my retro, she said, "I'm looking for a very nice card from you", implying that she wants a monetary gift. That turned my stomach............

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  • HadIt.com Elder

Whatever organization your VSO works for would receive a serious letter of complaint, if it were me. In fact I might complain to the VAOIG's office, about it. jmo

pr

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I agree with PR, you should contact someone about the inquisition, she was wrong in each and every way!

A fully developed claim is submitted on a VA FM 21-526ez. You will need to enclose all medical documentation concerning the disability you want to claim and send it to the VARO in your state.

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