ptsd 30% For Ptsd And Why Not 50%

[stebarbar]

I received 30% for ptsd in Feb 2013 and the used the GFA of 62 from 9/2012 and not the GFA of 55 they VA dr's have used for the last 19 months. The VA regional office said to get to 50% I would need these 6 things: flatten affect,panic attacks,difficulty understanding complex command ,impairment of short term memory,imparied judgment,disturbances of of motivation and mood and difficulty establishing social relationships. I have in the A psychiatrist flatten, panic attacks more than 2 times or more a week,disturbances in motivation and mood and difficulty in social relationships. this is all in the va doctors notes for the last 2 years. It seems they took most of the info from the 9/2012.The one mistake I made a the C&P was I tole the psychologist that she has all the info in the va medical files and I didn't recite what I already told the Psychologist and Psychiatrist. My mistake! I call the VFW VSO and she sounded like I would have to have all these and the GAF didn't mean much by the Va psychiatrist. She said to have the psychiatrist fill out form 21-0960p-2 or mental disorder disability questionnaire. Do you have meet all 6 things and is the VSO right. Thanks for yourhelp, Semper ps The VA dr's don't like to fill out the forms.

[stebarbar]

I don't know if I should post as a new topic but here it is. I been angry about the letter sent to me about 30% ptsd and I reread it again and now im really pissed. It says there record show Vietnam Era and peace time. I sent the dd214 showing the Vietnam ribbon and the dd215 shows combat action ribbon and Vietnam with 2 bronze stars for how many major operations I was on. It seems they didn't look thru the VA psychiatrist note for 21 months that shows flatten affext.panic attack more than twice p/wk,disturbances of motivation and mood and establishing social relationships. Im not wanting to not give up but VSO said need 5 of those things to get 50% but I now know you don't by folks who posted previous. Why would the say Vietnam era and peacetime. Please let me know your thoughts . thanks again Semper FI

[NavyWife]

. Why would the say Vietnam era and peacetime. Please let me know your thoughts . thanks again Semper FI

This is a common VA tactic. It is called misdirection. They are trying to get you to focus on something that is not really relevant to the rating.

What is relevant to the rating and what you need to focus on is the rating schedule for mental health.

What was the date of this decision? Are you in the 1 year appeal period?

Are you working? If not, 70% might possibly be appropriate.

If I were in your situation, I would:

1) write a statement rebutting each of their reasons for not giving you the higher rating in the letter they sent you. Then write out exactly what your medical records show that would support the higher rating. Also, read through the C&P exam over and over. There is probably information written in there that would support the higher rating. Quote what is written and state that it supports a higher rating.

2) Give them copies (again) of all your documentation. Send them another copy of the VA psychiatrist note for 21 months that shows flatten affect .panic attack more than twice p/wk,disturbances of motivation and mood and establishing social relationships.

3) Also, include a copy of the regulation I posted earlier.

38 C.F.R. § 4.130, DC 9411

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to such symptoms as: gross impairment in thought process 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 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 .............................. 0%

[stebarbar]

The decision was dated 3/14/2014 and Im not working. vfw vso sent me a 21-4138 requesting a SOC, va form9 so I can appeal to the bva.. It saysI feel I should be afforded a higher rate for ptsd. Your advice and others on the site showed me not to give up. Thanks for the info and now I have a direction .

[NavyWife]

Make sure you state that you are not working. If due to PTSD, make sure to state that specifically.

If you're not working, you can ask to be considered for tdiu now, rather than waiting til you meet the higher percentages.

Also, what about asking for reconsideration (re-opening) and adding new and material evidence of an IME , before going to appeal. I hate to see anyone get on the appeal hamster wheel that doesn't have to. Of course, if they don't complete the reopen within 12 months of the original decision date, you would need to file an official appeal to preserve your effective date.

Edited June 29, 2014 by NavyWife