ptsd Wife Of Veteran Needs Advice - Memory Loss/ptsd

[tom91]

I'm writing in regard to my husband's condition as I need advise as to how we should approach a new claim. He was awarded 50% rating for PTSD about 5 years ago. Over the past 2+ years, both his mental and physical health has continued to deterioriate. He has been on a regimen of strong meds for some time now, including oxycodone and ambien CR for sleeping. In the past year, we noticed that he was becoming very forgetful. VA tests confirmed he has memory loss and he goes once a week for some time of training to help him track things, such as appts, etc. The VA has not diagnosed him with dementia or altz. and has indicated it stems from his PTSD. We have another appointment with an outside neurologist in February to get a second opinion.

I feel we need to file a claim for increase but not sure what direction to do it. It seems it would be his PTSD rating but I don't know if memory loss is a condition that is rating separately and should be done secondary to his PTSD. Further, I can't help but believe the meds (particularly the ambien CR) has something to do with it. If that is the case, it too should be a secondary claim to both PTSD (sleeping meds) and lower lumbar (pain meds).

Really not sure how to approach this so any advice would be most appreciated. Thanks!

[63SIERRA]

have you considered filing for TDUI.? Its basically a leap frog to the golden goose egg of 100 percent/. If he cannot hold a decent job, because of his service connected disabilities theres a very good chance he can get TDUI. Do some research on this site. theres lots of info here abt it. Also, do the meds affect his libido/ if so, he can get whats called SMK/ compensation for erectile dysfunction. it is in addition to the regular compensation. abt 133.00 a month a 4 magic blue pills/.

As far as mental ilnesess it seems the va dont like to give comp for different thing,s like ,deppression, ptsd, paranoia, ect. they like to lump it all together. so trying to get more comp for SYMPTOMS of the PTSD might be a futile endeavor. good luck, and hope all goes well.

[Berta]

Sierra is absolutely right!

He should file for TDIU.

Is the 90% SC in your profile his rating or your rating?

There are many sites on the net that indicate a possible association between memory loss and ambien:

http://www.rxlist.com/ambien-side-effects-drug-center.htm

and certainly associations between PTSD and memory loss:

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3182004/

But as far as I know memory loss is often a small part of a PTSD rating, but never rated separately.

"The VA has not diagnosed him with dementia or altz."

That is good news.An MRI or CT scan of brain can rule out organic causes of memory loss, such as TIAs, and stroke.

Sorry if I asked before but does he receive SSDI?

And if so, is it solely for his SC conditions?

If so, that is good evidence to support a TDIU claim. He needs to check yes to # 18 on the 21-8940 form and then refer them to additional page with his C file number on it name, and address and tell them he receives SSDI solely for his SC disabilities .

Under Remarks # 5, he should refer them to the additional page and tell them that the SC meds he takes, such as the ambien have caused him side affects that hinder employment and refer to an enclosed print out of his meds that show their side affects and state to VA exactly how they affect him....such as do not take and drive,can cause confusion, drowsiness, memory loss, etc etc.

"and lower lumbar (pain meds)." I assume the lumbar condition is also service connected???

.

Edited February 1, 2014 by Berta

[tom91]

Berta - Sorry for the delay in responding.

90% combined rating is my husband's - 50% PTSD/radiculopathy 40% upper & 40% lower/40% degenerative arthritis/10% R knee/10% L knee/10% tinnitus/10% intervertebral disc syndrome. Based on this, it's apparent the degree of pain he suffers and need for some type of pain relief. His PTSD rating includes extreme depression.

He does not draw SSDI or filed at this point as he is presently still working, although he struggles to do so between the pain and now memory loss.

I have not been able to locate official diagnosis for memory loss in his medical records but we will also have a diagnosis from outside neurologist following that appointment. Having said that, I realize it will depend on the diagnosis/cause before I can determine how to file but based on what I have found, it looks like the options are as follows:

- If due to medications, file claim for (9326) Dementia that is substance induced as secondary to his various back related conditions

- If unknown, file for increase to PTSD or secondary to PTSD

Do you agree?

I realize once TDIU is awarded, you cannot work but to initially file for it, do you have to already be out of work?

What about permanent disability? What or how do you obtain this?

Sorry for all the questions but I'm having to investigate all this on my own and just beginning to learn the ropes!

[Navy04]

Sorry, to hear about all your troubles. God bless and keep us posted

[Berta]

"- If due to medications, file claim for (9326) Dementia that is substance induced as secondary to his various back related conditions"

That would need a strong diagnosis and a strong medical opinion. I personally wouldn't advise filing that type of claim.If VA sees the word “dementia” , they might try to deem him incompetent.

-" If unknown, file for increase to PTSD or secondary to PTSD"

I think you should reads over the 70% criteria here for PTSD (in the VA Schedule of Ratings link) and if his medical evidence warrants a higher than 50% rating, then file to re-open the PTSD claim on that

basis.

General Rating Formula for Mental Disorders:

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.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=c130ec487ea61b8a40ad0836188b94bc&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38

You will need N & M ( New and Material) evidence that VA has not considered before to warrant the higher rating, and this would justify the reopening of the older claim.

If successful ,his EED (earliest entitlement date) would be the date the re -opened claim is filed.

If his other ratings dont reflect his current state of disability, maybe best to check his current evidence with the VA SRD, as well, to see if any other rating could be claimed for a higher percentage.

But even if VA took him up to 70% for the PTSD, as long as he is still working, I don't think that would add any more comp to his current monthly comp amount.

Others will opine if they disagree.....

[Navy04]

Berta,

On the money as usual