ptsd 50% Ptsd, How To Get And Increase ?

[Wjason777]

In 2011 I’ve been diagnosed with PTSD, and was granted 50%. I’m currently being seen at the local VA and is currently taking meds. In the last 8 months I’ve been really having trouble, my condition has gotten worst and it seems like my meds haven’t been working. I have and appointment this month with my psychologist. What do I need to do and what do i need in order to get and increase for my condition? How can I get my condition to get listed as permanently? I see on Ebenefits that I’m schedule for an Review on Nov 2016 and that my condition is not listed as permanently.

Edited February 10, 2015 by Wjason777

[Wjason777]

Sorry guys for beating a dead horse but here's the update on everything. 

I was seen by a outside counselor, she was able to fill out the VA form for PTSD increase. From her notes and the form it meets the requirements for 70%.  My questions to you guys is, will this be treated like a DBQ? Will this be enough evidence to get the increase or would I still have to get to a c&p exam? 

I also have a copy of my notes from my VA Doctor. 

[USMC_VET]

I would try to get them to fill out a DBQ, it makes it easy for the rater to compartmentalize your condition into boxes that correspond to ratings %.  A report will do fine, but if you can get them to fill out hte DBQ it makes it easier. 

The rater even without a DBQ will have to rate based on the info in that report so dont sweat it if they cant or wont do one for you. 

I would gather all the progress notes from the VA and send them in as evidence.  I know that the VA has access to them, i just always want to make sure that they have, in their faces, the progress notes you want them to see and not overlook.

Also do not...not have sworn declarations in your increase claim, get them from you, spouse, loved ones etc.  you are already SC'd so you dont need to elaborate on your stressor, etc. but focus on showing the VA in those declarations that your PTSD has gotten worse.  If you were SC'd in 2013, concentrate the declarations on 2013 to 2015 and have them talk about that period.

example...

"He had issues with anxiety attacks through the years since he got back but in the last two years they have gotten worse, going from once a month to now at least once a week."

"I have had issues going to work, in the last two years i have missed work X times and this was, except for one day due to illness because i was ____(severely depressed, etc)___, however i always told work it was due to a cold or illness because i am afraid to  admit to my issue publicly.  This is why the sick leave emails (requests/slips, etc) show that it was due to illness."

 

focus on the two years and how it was before and how it is now.  The best way to complete the picture the IME has painted is to fill in the gaps with yours and friends/familys words to show the extent of the issue.

[Wjason777]

I would try to get them to fill out a DBQ, it makes it easy for the rater to compartmentalize your condition into boxes that correspond to ratings %.  A report will do fine, but if you can get them to fill out hte DBQ it makes it easier. 

The rater even without a DBQ will have to rate based on the info in that report so dont sweat it if they cant or wont do one for you. 

I would gather all the progress notes from the VA and send them in as evidence.  I know that the VA has access to them, i just always want to make sure that they have, in their faces, the progress notes you want them to see and not overlook.

Also do not...not have sworn declarations in your increase claim, get them from you, spouse, loved ones etc.  you are already SC'd so you dont need to elaborate on your stressor, etc. but focus on showing the VA in those declarations that your PTSD has gotten worse.  If you were SC'd in 2013, concentrate the declarations on 2013 to 2015 and have them talk about that period.

example...

"He had issues with anxiety attacks through the years since he got back but in the last two years they have gotten worse, going from once a month to now at least once a week."

"I have had issues going to work, in the last two years i have missed work X times and this was, except for one day due to illness because i was ____(severely depressed, etc)___, however i always told work it was due to a cold or illness because i am afraid to  admit to my issue publicly.  This is why the sick leave emails (requests/slips, etc) show that it was due to illness."

 

focus on the two years and how it was before and how it is now.  The best way to complete the picture the IME has painted is to fill in the gaps with yours and friends/familys words to show the extent of the issue.

 

Ok reading your  4 paragraph and trying to understand it. Your saying do or do not have sworn declarations?

also the form that the private counselor filled out is the same form as the DBQ (VA FORM 21-0960p-3) 

another questions, what if the private counselor notes is different from the VA notes. What would weight more?

Edited November 2, 2015 by Wjason777

[USMC_VET]

Ok reading your  4 paragraph and trying to understand it. Your saying do or do not have sworn declarations?

also the form that the private counselor filled out is the same form as the DBQ (VA FORM 21-0960p-3) 

another questions, what if the private counselor notes is different from the VA notes. What would weight more?

I am saying DO send sworn declarations, always send them for any claim no matter initial, increase, etc.  always bolster your claim with AS MUCH AS EVIDENCE AS POSSIBLE. 

If your IME is in the form of a DBQ, then it will treated as such, whether or not they request a C&P from their own docs is up in the air.  Depending on the "standing" of the examiner they may or may not treat it as "sufficient for rating purpose" which means no C&P exam...

VA notes are always given more weight, per say.  but it never hurts and always helps to have as much evidence in support of your claim as possible even if the private physician notes contradict the VA docs.  So always send in positive evidence, always.  I dont know the intricacies of your case, but lets say a VA Social Worker has listed you has having mild impairment in a work setting while your private physician has written you have severe issues with workplace performance and relationships, etc.  You may think your private clinicians notes arent going to trump them, but they will because your "guy" is more qualified than "their" guy.  once again never hold back ANY evidence to support your claim because its a private physician. always send in everything you have.

 

 

[Wjason777]

thanks for all the helpful info

Is the Sworn Declaration Form the same as VA Form 21-4138?

[USMC_VET]

No not at all.

The statement in support of claim is just that a statement.

There are sworn declarations and sowrn affidavits, both carry with it the penalty of perjury if you lie on them.  however an affidavit is more cumbersome to get done and costs money. 

A sworn declaration does not.   but since it also carries the penalty of perjury if you are found to be lying then the VA gives it more weight than a simple statement in support of claim.

 

use the template below.  paste into word and then insert your statements below.  use the numbering for different statement points.

What i have done for family and friends when i ask them to do theirs is I write up a general statement for them about what i think they have seen etc.  I send it to them and ask them to review it.  Delete things they are not comfortable swearing to, add things they think are important, etc.  then send it back.  I review it, change the wording for flow and grammar, etc then send back, they sign it and send it back to me.

 

SWORN DECLARATION OF YOUR NAME

 

 

 

STATE OF    YOUR STATE §

 

COUNTY OF     YOUR COUNTY §

 

Pursuant to 28 U.S.C. 1746, I, YOUR NAME, declare under penalty of perjury that the foregoing is true and correct:

 

1. "My name is YOUR NAME. I am more than eighteen years of age, of sound mind, and fully competent to make this affidavit. I have personal knowledge of the matters set forth below.

2. 

 

3.

 

4.

 

Executed on DATE

Signed:

 

  SIGNATURE

 

PRINTED NAME