Jump to content
  • 0

Up Coming C&p For Ptsd Review


devildog2061

Question

I have an upcoming C&P exam for PTSD increase next week. I'm currently rated at 50% PTSD, for a total of 80 % combined rating. I received SSD for PTSD and Back in 2008, but was initially denied PTSD because the VA did not consider the SSD award. I appealed twice and now receive the 50%. I was advised by a VSO to put in for increase because of the SSD award, so I did. While going through the process, I was denied by Voc Rehab for re-training because of the SSD award stating PTSD. My VA Pychologist did a DBQ saying I'm unemployable, as well as an out side Pychologist who trains the Voc Rehab Counselors. I submitted all this to the VA, so my question is.....

1. Should I take these statements to my C&P to make sure the examiner see's them ?

I know they suppose to review your C-File prior to you going for the exam, but that doesn't always happen.

2. Will they, or should they take the statements into consideration when rendering their decision ?

3. What should be my course of action if I receive an un-favorable decision, without having to go through

another lengthy appeal ?

My VSO said I should at least get unemplyability. Any opinions or advise would be welcomed, thanks.....

Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts


  • 0

The criteria for Social Security Disability and VA Individual Unemployability are quite different.

With SSD they consider all your medical and psychological diseases, permanent injuries, disorders, etc.

For IU, VBA can consider only the impact of your service-connected disabilities on your ability to secure and follow a substantially gainful occupation.

Should I take these statements to my C&P to make sure the examiner see's them ?
I know they suppose to review your C-File prior to you going for the exam, but that doesn't always happen.

Sure. You can just say something like, "Here are copies of documents that should be in my claims file, but just in case, I made some copies of them for your convenience." If the examiner says he or she can't take them, don't insist or anything, just let your VSO know and see what happens.

2. Will they, or should they take the statements into consideration when rendering their decision ?

It depends who you're referring to. Definitely the VBA Rater has to take them into consideration. The C&P examiner does not make a decision, in the sense of deciding on a rating, but I think you know that. If you mean should the examiner consider what the other psychologists wrote, yes they should.

3. What should be my course of action if I receive an unfavorable decision, without having to go through another lengthy appeal ?

A formal appeal is your most powerful course of action. There is no short cut.

Henry

Edited by HenryS
Link to comment
Share on other sites

  • 0
  • HadIt.com Elder



I received SSD for PTSD and Back in 2008, but was initially denied PTSD because the VA did not consider the SSD award."

If VA was aware of the SSDI award and if it was solely for your SC PTSD and back disability, they might well have committed a CUE in that decision.

(Violation of 38 CFR 4.6)

Is the back disability' in addition to the PTSD ,service connected?

"My VSO said I should at least get unemployability. Any opinions or advise would be welcomed, thanks."

Absolutely.TDIU.

If VA Voc Rehab documented that your SCs hinder Voc Rehab and make it unfeasable for you, then that and the SSDI award is excellent proof of IU.

Have you formally filed the TDIU form 21-8940 yet?

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.



  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines