Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Help For A Buddy With Ptsd

Rate this question


Kirk

Question

Hello all you wise folks here on hadit,

I have not posted in awhile since I recieved my back pay in june at 100% for the last three and a half years. Too much fun to be had.

I have a freind who was discharged about a year ago from the Army for PTSD. He just recently recieved his decission and they rated him at 50% with a GAF of 52. I know very little about PTSD claims but I figure If this is their first offer there is probably more he should be getting. They denied his claims on knee problems from where shrapnel was removed. They also denied his rotator cuff problems in both shoulders from the same IED Calling them dislocated shoulders which have healed.

I have only known him since he got out. But, from talking with him and his girlfriend (a co-worker) and seeing how he acts I have become aware of the following, He drinks nightly until he passes out His claim is that it keeps him from dreaming, He has mentioned that He offten has suicidal thoughts but believed he doesnt have any particular plans to carry them out, His girlfreind claims he punches kicks and occasionally yells out while sleeping. The bar I work part time in has kicked him out permanently for his agressive and sometimes violent behavior.

What should I recomend that he do? He does a have service organisation but I have no idea which one it is. I know if he will file a NOD I and his girlfreind can write statements. I also intend to recomend IMO's on his knee and shoulders plus one with a GAF from a qualified Pych. What else should he do? It took me several months of talking to him to get him to open up enough to even tell me about his claim and what was going on, particularly the PTSD stuff. I doubt he opened up to the VA shrink and even gave hint as to how he was really doing.

Please help

Kirk

Edited by Kirk
Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

5 answers to this question

Recommended Posts

  • HadIt.com Elder

Kirk,

Your buddy probably won't want top do this however it sounds to me like he needs to keep going to a treatment program. This will develop evidence for a better rating and help secure the rating he has.

As far as the ortho goes. If you want to help on these it would be a good idea to read the rating schedule for these conditions and know exactly what symptoms they rate before you develop a plan to attack these ratings. If you decide to attack the ratings get his SO to file and appeal those denials.

Hoppy

100% for Angioedema with secondary conditions.

Link to comment
Share on other sites

  • HadIt.com Elder

Kirk,

It sounds like your friend's claim for his shoulders and knees were denied because his Service Medical Records didn't show a "chronic" condition while in service. If his SMR's only show the one treatment after the IED incident and he didn't go to the doctor after that, then the VA cannot grant service-connection. VA grants servcie-connection for residuals of an injury/condition or if is chronic, or both.

Has your friend received treatment for his knees and shoulders within the last year since discharge? If so, then he needs to let VA know this, as this wil help show a chronic condition and that he has residuals from the IED explosion. He should also obtain an IMO, which will help his claim out.

As far as his PTSD, if the GAF score is 52 and the write-up coincides with the GAF, then 50% would probably be the correct rating. However, from what you said, it sounds like his symptoms are worse than his current rating. I would have him go to another Psychologist and get another evaluation. This may help in seeing if he meets the 70% or 100% criteria. Also, as Hoppy says, he should keep goingto treatment. This will also help to show that his PTSD warrants a higher rating.

Vike 17

Link to comment
Share on other sites

  • HadIt.com Elder

If there were any xrays or MRI's taken in the military and you have either the films or written intrepretations be sure any current examiner has these. It sounds like the RO intrepreted the medical evidence that existed in the SMR rather than sending it out for a current medical opinion. You did not quote current medical examiners opinions on the denial. Get a current review of the record and file it with the RO. You can do this at a VA hospital or with an IMO. Do not wait for them to schedule C&P exams.

When a condition is not shown to be chronic in service then post service continuity of symptoms and treatment must be shown. There is no specific restriction that such treatment must occur within the first year. I have read several BVA cases where veterans did not seek initial post service treatment until 7 to 10 years after discharge at which time the symptoms became much worse as a result of the expected degradation of the condition. Service connection was awarded based on the medical principals known to the specific case.

Some diseases and injuries that show symptoms in the military either one time or 100 times can be service connected with proper medical development. There are diseases and injuries that show such minimal symptoms in service that an individual would not need to seek treatment until many years after service. You only need to herniate a disc one time to have a herniated disc for the rest of your life. Prior to the development of MRI's personal Injury attorneys who did whip lash claims purposely delayed settlements for years because they knew that acute symptoms of disc herniation can takes years to manifest.

This is my opinion on this.

Hoppy

100% for Angioedema with secondary conditions.

Link to comment
Share on other sites

  • HadIt.com Elder

One thing I forgot. I injured my knee on active duty. I saw a private doctor who told me I would need surgery in about 10 years. When I was discharged a year later I was service connected at "0"percent. This made it easier when I had the surgery (ten years later) to get service connected.

I have heard that the VA dropped the "0" percent rating. If so and your friend would have been given a "0" percent rating under the old rules, I have to wonder what the VA does on the claims it now denies rather than rate at "0" percent. And I have to wonder if your friend has such a situation if you would need to battle a little harder.

In my case I did not appeal the "0" at discharge and was awarded 10% ten years later on appeal by the BVA based on the symptoms noted in the SMR.

My point being just appealing might get a rating. However it would be best to get as much current medical development as possible.

Hoppy

100% for Angioedema with secondary conditions.

Link to comment
Share on other sites

If he is not employed -dont sound like he can handle a job- he should attach a TDIU form to his NOD-

and make sure he lists his SC meds for the PTSD and their side affects to him-

the last thing-in my opinion- this vet needs -is to be drinking-

that does not help in the long run at all-

and if he is taking VA meds and drinking too- this is a dangerous combo-is the PH on his DD 214 for the schrapnel from the IED?

Terry Higgins is right- I had a friend at the Vet Center who died in 1989,still very young- and left three small boys and a wife-he had 100% PTSD

Vietnam Vet-highly decorated and always high-he snuck beer into the VA Combat group one night in a coffee cup-and absolutely would not listen to any of the recovering addicts alcoholics there who also had PTSD.He almost got me in trouble- as long as I transported a vet to and from the vet center my car was considered VA property- if you know what I mean-forget how they put it-

he got in my car one night to get there and had a six pack stuck in his cameos and one can was open.

When I pulled over and told him to get out of the car he got mad-the team leader picked him up after he dumped the beer-

Alcoholism is an insidius disease that affects everyone around the person with this disease.

What did this war hero leave his family? a bunch of medals and momentos of Vietnam and a void that he caused by willful misconduct.

His choice to abuse alcohol and to avoid any help from VA whatsoever on his problems with alcohol rendered his death due to alcoholism as willful misconduct.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use