ptsd Awarded For Depressive Disorder, But Diagnosed With Ptsd

[sevensees]

Hello Veterans,

First and foremost, thank you all for your service. You are all heroes to me and I always find it special when I am speaking with a vet.

I am here seeking help for my father's claim. In a nutshell, he has been in a battle since 2005 with the VA and his disability. He filed for his disability with the VA in 2005 for PTSD. He was diagnosed by two different VA doctors and was determined completely disabled and unable to work by those doctors. His man VA psychologist sent a letter to the Dept. of Education in 2007 stating that he was "completely and totally disabled with a diagnoses of PTSD and unable to work". He also was awarded SSD in 2005.

He was finally awarded disability benefits by the VA in 2012 but for "Major Depressive Disorder (claimed as PTSD)", as the claims examiner stated he doesn't meet the symptomology of PTSD and awarded him instead for service connection with major depressive disorder (claimed as PTSD) at a 50% disability.

He has not worked since 2000 due to his disability. His latest visit to his doctor indication no improvement with poor prognosis. He also had a GAF rating of 45, but the VA listed it as 50 on his award letter. He filed an appeal in a timely manner.

His doctor stated yesterday that he feels he should be 100%.

My question after all of that is: Would fighting for the diagnoses of service connected PTSD help his rating in any way, or should we simply pursue a higher rating based on the currently assigned service connected disability?

Thank you very much for your time, it is much appreciated.

[Pete53]

Appeal and point out the errors. I would ask for a Hearing. Meanwhile gather evidence to show why should be 100%. Give them coppies of his SSD award and show when they considered him disabled.

Good luck don't give up.

[john999]

I would just go with what you have and try to get the increase to 100%. PTSD is another type of anxiety disorder. Depression can disable people just as badly as PTSD.

[sevensees]

Thank you both. I am in the middle of helping him with a statement to support his NOD, and request that they reconsider the rating and add TDIU before it gets to the appeal tribunal. The reason I'm helping him with a statement to support his NOD is because on his original NOD is only said: "I wish to appeal your decision on 04/26/12 mostly based on amounts, the dates and the number of dependents."

His intention with that was to not "say the wrong thing" and have them find a way to take away his service connection. He almost didn't want to even appeal out of fear.

We still (since 04/13) hadn't received a letter from them stating that they got the NOD until I called them last week and they sent a letter out saying "thank you for your inquiry regarding a NOD. According to our records, we have received your NOD. Please be aware that the Appeals department has experienced a significant increase in its workload. There are a large number of NODs and yours will be processed asap. We will send you a letter after the NOD has been processed.

Anyway, since he didn't provide any details for the appeal people to consider, I'm helping him clarify that NOD by stating that his conditions are more severe than the 50% rating he was given, doctor has deemed him disabled, the SSA has declared him disabled. He hasn't worked in over a decade. His GAF is 45. We're requesting that they reconsider his claim and assign a 100% rating and TDIU effective on the date of his original claim.

I hope things haven't been too far messed up to at least get the TDIU that he deserves. They knew about the SSD because its listed as evidence in the award letter in 2011.

Oh.. I also have a form that his doctor filled out in 2009 and sent to the Dept. of Education declaring him permanently and totally disabled, and the doctor had to certify that he is unable to work and earn money because of a condition that is expected to continue indefinitely or result in death. Unable to earn money in any capacity in any field of work". It doesn't state anything about before 2009 though, unfortunately.

So, since TDIU wasn't stated in the original NOD (nothing was really), do you feel he has lost out on it since 2005 even though he has SSD and hasn't worked since 2001?

I'm sorry to flood you guys with all of this, but I've literally had 4 hours of sleep in the last two days trying to get this clarification letter in on time before he loses out on EVERYTHING. Thanks so much.