ptsd Really Would Like All Opinions

[Cavman]

I have filed my NOD today. Got rating last week of 50% for ptsd. All my diagnosis at c & p matched a 70% rating. Diagnosed serious impairment to social/employment funtion, mood disorders, suicidal ideation, two ph`s, combat infantry badge etc., unemployed 2 years & gaf of 48. In my denial I explained why none of the diagnosis matched 50% and informed them of being on meds daily so I can`t even drive. Informed them of my doctor relocated and started new treatment plan with new doc this week and a letter of diagnosis would follow soon. My wife also inserted a great letter describing my ptsd severity. By the way they sent an application for IU with my award letter last week. I also ask for a DRO review.I know you can never tell about the VA, but please just give me your ballpark guess as to answer. Also, how long do you think it will take and did I do things right or wrong?

Cavman

[Guest jstacy]

Caveman, The lowballed your rating in order not to give you IU. File the NOD and get to to the BVA or you are in for a 4 year wait. The DRO process is an utter Joke. It is another delay tatic used by the VARO.

The do allow some to pass to make it look effective but in most cases it is like pulling teeth with the same old denials than waiting anoter 2 years for the BVA.

[Vike17]

Cavman,

Your Two Ph's and Combat infantrymans Badge doesn't have anything to do with your evaluation, they just verify your stressor. Your symptoms may have been borderline between 50% and 70% and the rating specialist had to make a judgment call. They didn't intentiionally low-ball your claim so they woldn't have to pay you IU. The reason why I say this is both 50% and 70% require occupational impairment. I suspect your mood disorders could be taken something along the lines of the Flattened effect, I don't know. Suicidal Ideations do fall in the 70% criteria. Do you see where I'm coming from? You didn't post the entire C&P exam evaluation, so I can't say for sure that the VA dropped the ball.

The DRO, in my opinion, is the best route to take. You can also request a hearing with that DRO to present your arguments. I suggest you do this. If the actual writeup from the C&P exam conicides with the 70% criteria, then you'll receive your just rating.

I do find it kind of odd that they sent the IU form with their decision of 50%. Do you have any other service-connected disabilities that affect you ability to work?

Vike 17

Edited September 23, 2006 by Vike17

[Guest jstacy]

Diagnosed serious impairment to social/employment funtion.

With a GAF of 48, It should at the least be a 70 percent rating wnd that statement alone at the top makes the Vet Qualify for IU.

Observation: Claim lowered to avoid IU issue.

I hate to disagree, Terry, I respect your opinions and I am grateful to you. But personally for me, That is the picture presented by the VA on this issue.

It happens all of the time.

Cavman, do you have a Veterans Service Rep?

[Cavman]

Diagnosed serious impairment to social/employment funtion.

With a GAF of 48, It should at the least be a 70 percent rating wnd that statement alone at the top makes the Vet Qualify for IU.

Observation: Claim lowered to avoid IU issue.

I hate to disagree, Terry, I respect your opinions and I am grateful to you. But personally for me, That is the picture presented by the VA on this issue.

It happens all of the time.

Cavman, do you have a Veterans Service Rep?

Vike:

I was denied AO with stage 4 cancer in the right tonsil that has spread to the lymph nodes. As for the PTSD there was lots more to the diagnosis. When I got my c & p the doc wouldn`t let me talk about stressors. Said he had read the 3 pages I sent and would not put me through the pain of discussing them. I think all I need is a letter from my current doc stating I`m unemployable due to PTSD. Is there a posasibility of getting 70% w/iu from what I sent today?

I am recently granted ssd for 3 herniated disc. That should have no bearing on my VA claim should it. I have also this week filed for tinnitus, insomnia and gerd/barrets. The gerd and insomnia as secondary to PTSD. Any thoughts? Thanks for taking time on my issues.

Cavman

[Cavman]

jstacy:

I have a service rep and he does nothing. I have made up my mind to handle things on my own since reading this site for weeks.

Cavman

[Vike17]

A GAF score alone does not warrant the disability rating. The GAF must coincide with the complete evalation.

For example, let's say a veteran has a GAF of 48 with flattened effect, impairment of long and short term memory, mood and motivation problems, difficulty in estblishing and mainiting work and social relationships, and severe occupational impairment. All of the symtpoms except for the last reflect a 50% rating. So, therefore, the evaluation should probably be a 50%, as the entire write-up is more consistant with that evaluation.

Granted, in some cases it is borderline and becomes a judgmental call on the rates part. If the rater uses bad judgment, then the claimant has the opurtunity to appeal that decision. It makes no difference to the RVSR whether the there is an issue of IU. All they are trying to do is reach a correct decision and make thier daily quotas at the same time. The amount of money involved in a claim has no affect on the outcome of a claim.

Cavman,

Sounds like the C&P doctor was trying to be compationate.

"Is there a posasibility of getting 70% w/iu from what I sent today?" Yes, although if you're unemployable due to a mental condition, then 100% would be the correct evalution.

Your back problems, if they do not contribute to you being unable to work, has no affect on the VA's decision for IU.

You may need an IMO for your cancer to be awarded service-connection. I'm not really familiar with AO claims and their regulations.

Vike 17

Edited September 23, 2006 by Vike17