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

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PvtJoyI

Question

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.

Grace & Peace W/Bountiful Blessings!

PvtjoyI

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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

Carlie passed away in November 2015 she is missed.

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  • Moderator

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

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

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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............

Grace & Peace W/Bountiful Blessings!

PvtjoyI

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