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100% Total And Perm. Or Unemployability. (Ptsd Claim Question)

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bh1981

Question

Hello Fellow Vets. I recently had a C&P exam for PTSD (among many other things). However, I had a question that I was curious about. I submitted a claim for TDIU but after looking at the Dr.'s notes via Myhealthevet, I am curious to find out if it is possible I that would receive a 100% scheduler rating, even though I submitted a claim for TDIU, based on the Dr.'s notes. I have copied and pasted the majority of the document for your viewing. I am currently rated at 70% for PTSD and 90% total. Thank for your help, opinion, and service.

-Brad

"Given the chronicity of this veteran's diagnosed PTSD and associated features of depression, at the current time he would experience significant problems in vocational and occupational pursuits requiring frequent or prolonged contact with others; sustained attention, focus, concentration, memory, and planning skills associated with goal setting and task completion; and sustained physical and psychic energy (given sleep disturbances). His chromic and intrusive thoughts would interfere with his ability to stay focused on the tasks. Intrusion of associated mood issues would undermine his focus and motivation to complete necessary assignments. In fact, the veteran related that toward the end of his last position (and related to his eventual resignation) he experienced diminished focus on the requirements of the job, given his distraction with internal mental images, stimuli, and emotional disruption. The veteran's continued hypervigilance and distrust of others would impair his ability to work with others naturally and comfortably. His irritability would both distract him from goal and task achievement, as well as undermine his functional relationship with others, including coworkers, supervisors, and/or consumers. The veteran's disrupted sleep functions would continue to undermine physical and psychoemotional energy needed for sustained stamina needed to complete assigned or self-imposed goals and work-related tasks reliably.Overall, the results of this examination indicate the persistence of psychological and functional challenges associated with the veteran's diagnosed PTSD. Given such, the veteran would have trouble at this time, in deploying available cognitive skills and abilities, as well as in working in a sufficiently functional capacity with others, in fulfilling the demands, tasks, and goals typically associated with most employment positions and/or work conditions that could be considered of a substantial and gainful nature."

3. PTSD Diagnostic Criteria

---------------------------

Please check criteria used for establishing the current PTSD diagnosis. The diagnostic criteria for PTSD, are from the Diagnostic and Statistical Manual of Mental Disorders, 5th edition (DSM-5). The stressful event can be due to combat, personal trauma, other life threatening situations (non-combat related stressors.) Do NOT mark symptoms below that are clearly not attributable to the Criteria A stressor/PTSD. Instead, overlapping symptoms clearly attributable to other things should be noted under #6 - "Other symptoms".

Criterion A: Exposure to actual or threatened a) death, b) serious injury,

c) sexual violation, in one or more of the following ways: [X] Directly experiencing the traumatic event(s)

[X] Witnessing, in person, the traumatic event(s) as they

occurred to others

Criterion B: Presence of (one or more) of the following intrusion symptoms

associated with the traumatic event(s), beginning after the traumatic event(s) occurred:

[X] Recurrent, involuntary, and intrusive distressing memories

of the traumatic event(s).

[X] Recurrent distressing dreams in which the content and/or

affect of the dream are related to the traumatic event(s).

[X] Dissociative reactions (e.g., flashbacks) in which the

were with

individual feels or acts as if the traumatic event(s)

recurring. (Such reactions may occur on a continuum,

the most extreme expression being a complete loss of

awareness of present surroundings).

[X] Intense or prolonged psychological distress at exposure

to internal or external cues that symbolize or resemble an aspect of the traumatic event(s).

[X] Marked physiological reactions to internal or external

cues that symbolize or resemble an aspect of the

traumatic event(s).

Criterion C: Persistent avoidance of stimuli associated with the traumatic event(s), beginning after the traumatic events(s) occurred, as evidenced by one or both of the following:

[X] Avoidance of or efforts to avoid distressing memories, thoughts, or feelings about or closely associated with

traumatic event(s).

[X] Avoidance of or efforts to avoid external reminders

(people, places, conversations, activities, objects, situations) that arouse distressing memories, thoughts,

feelings about or closely associated with the traumatic event(s).

or dangerous,: "My whole nervous system is permanently ruined").

[X] Persistent negative emotional state (e.g., fear, horror,

anger, guilt, or shame).

[X] Markedly diminished interest or participation in

significant activities.

[X] Feelings of detachment or estrangement from others. [X] Persistent inability to experience positive emotions

(e.g., inability to experience happiness, satisfaction,

loving feelings.)

of

Criterion D: Negative alterations in cognitions and mood associated with the traumatic event(s), beginning or worsening after the traumatic event(s) occurred, as evidenced by two (or more)

the following:

[X] Persistent and exaggerated negative beliefs or

expectations about oneself, others, or the world (e.g.,

am bad,: "No one can be trusted,: "The world is completely

Criterion E: Marked alterations in arousal and reactivity associated with the traumatic event(s), beginning or worsening after the traumatic event(s) occurred, as evidenced by two (or more) of the following:

[X] Irritable behavior and angry outbursts (with little or no provocation) typically expressed as verbal or physical aggression toward people or objects.

[X] Hypervigilance.

[X] Exaggerated startle response.

[X] Problems with concentration.

[X] Sleep disturbance (e.g., difficulty falling or staying

asleep or restless sleep).

Criterion F:

[X] The duration of the symptoms described above in Criteria

B, C, and D are more than 1 month.

Criterion G:

[X] The PTSD symptoms described above cause clinically

significant distress or impairment in social, occupational, or other important areas of functioning.

Criterion H:

[X] The disturbance is not attributable to the physiological

effects of a substance (e.g., medication, alcohol) or another medical condition.

4. Symptoms

-----------

For VA rating purposes, check all symptoms that actively apply to the

Veteran's diagnoses:

[X] Depressed mood

[X] Anxiety

[X] Suspiciousness

[X] Panic attacks more than once a week [X] Chronic sleep impairment

[X] Mild memory loss, such as forgetting names, directions or recent events

[X] Flattened affect

[X] Disturbances of motivation and mood

[X] Difficulty in establishing and maintaining effective work and social

relationships

[X] Difficulty in adapting to stressful circumstances, including work or a worklike setting

[X] Obsessional rituals which interfere with routine activities

5. Behavioral Observations: ---------------------------

* Appearance: Arrived on time for appointment. Casually dressed and in good hygiene

* Alert & oriented to time, place, and person

* Oriented to purpose of this evaluation. Confidentiality discussed and veteran concurred

* Behavior: Appropriate with good eye contact

* Attitude toward examiner: Engaged, polite, cooperative, and communicative

* Mood: Anxious and depressed

* Affect: Variable & congruent with material under review and

process

* Thought processes: Logical and goal-directed

* Thought content: No evidence or presentation of hallucinations, delusions, mania

* Speech: Rate/rhythm/volume within expected limits. Articulate.

* Judgment: Intact and assessed as good; Insight: Intact and assessed as good

* ADLs: No observed or reported gross problems with ADLs (Eating;

hygiene,

Household chores, etc.)

* Active/proximate Suicidal or homicidal ideations, plans, or intent: Denied

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  • HadIt.com Elder

if he granted IU could he file NOD ask for the correct EED?

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No intrusion at all. You have to have a 'premium' myhealthevet account first, which can be accomplished at the VA medical center you go to. Once you have a premium account, log into the website and download your "blue button". From there you can see all notes, appointments, and medications as long as it is done and with the VA. I have had a couple appointments outsourced by the VA for C&P exams but those do not show up. They have to be VA appointments.

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Buck asked, if he granted IU could he file NOD ask for the correct EED?

A veteran can file a NOD within one year of receiving a rating decision.

I think the right question is, if VA grants the veteran 100% due to PTSD, can he file a NOD for EED for the TDIU retro.

IMHO, VA will claim that the veteran's TDIU claim is MOOT because 100% schedular and TDIU pays the same benefits. VA will claim that the veteran's PTSD did not get worst until the C & P exam. I think if granted 100% due to PTSD, VA would fight the EED and the veteran would have to prove that his PTSD became worst as the date that he filed the TDIU claim. Of course all of this is speculation on my part and no one knows what VA will do. Hopefully VA will do the right thing.

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