ptsd Up Coming C&p For Ptsd Review

[devildog2061]

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.....

[Pete53]

I would bring up the SSD award at your C&P Good Luck

[HenryS]

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 September 12, 2014 by HenryS

[Berta]

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?

[Navy04]

Good luck bud, and anything you can add to the mix will only help you in the end.

[devildog2061]

Thanks so much guys for your replies.......

Berta, my back in not service connected which is why the VA focused entirely on that to make it seem like I received SSD only for my back when the award letter stated PTSD as well. They even stated in their denial letter that I didn't suffer from PTSD, but a mood disorder and that PTSD was later amended to the SSD award. Not so, there was never an amendment added. PTSD was included in the original award.

After this denial, I hired an attorney and we appealed this decision.

Yes Berta, we did submitt the 21-8940, which my attorney said they should have considered me for TDIU anyway because of the award

and I met the percentage requirements.....

TDIU has been on appeal since 2009.......