ptsd Best Way To Proceed?

[kate7772]

Husband recently awarded 50% for adjustment disorder. C&p for this was originally for PTSD which the examiner decided was the adjustment disorder instead. Seem that when he decided it was not PTSD, he stopped as far as symptoms were concerned. He did not include a symptom list in the c&p. In the award letter, it listed the symptoms required to be at the next level. My husband has at least five of the eight symptoms and he is being treated for them and they are noted all through his treatment records. The rater said they considered the treatment records. If so, how could they miss the 70% mark?

Would like to file a reconsideration/reopen to avoid the long time of a NOD. I know some don't like that option but it has worked well for us before and we have plenty of time before the year is up. But, since the VA says they considered the treatment records, obviously we cannot use that as new and material evidence. Is there another option?

Also, we would like to file for TDIU but my husband just recently left his job. He tried working part time for two years after being diagnosed with kidney disease but even that became impossible due to edema and fatigue. The only medical statement he has to back that up is a statement from the c&p doctor that work Ability is limited due to edema. His kidney doctors office manager will not allow him to state anything due to legal fears. Would the c&p statement be enough? He is already on regular social security which he took early due to health.

Then there is the fear of VA reducing the rating when something new is filed. Or is this unlikely due to the rating being so recent? Silly that veterans even have to worry about that....

Any thoughts on how to proceed?

Thanks

Kate

Edited February 21, 2015 by kate7772

[Berta]

That is Wonderful News Kate..... as I have said here many times, often vets lock themselves into PTSD, and are denied when ,if they file for adjustment disorder or any other MH issues they have a better chance to succeed, because the 2010 PTSD regulations are so stringent.

Does he have a rating yet for the Camp Lejeune bad water claim he filed?

"Is there another option?"

Since this is no longer a PTSD claim, he has the opinion of obtaining an IMO for a higher rating.....

But between the two awards, there will be a rating that might trigger VA to consider 100% or TDIU, and they will send him the TDIU form.

"He is already on regular social security which he took early due to health."

Do you mean SSDI?

If it is solely for either the MH issue or the Contaminated water renal disease problems , it should be good evidence for TDIU.

[Navy04]

Glad to hear you made it thru the exams and was granted SC. I hate when the Dang VA loves to diagnose Vets with Adjustment Disorder instead of PTSD. The VA along with the rest of the Govt think that Adjustment disorder can be cured, and is just a process where a Vet cant get used to the Civilian world, yeah right. I definitely agree with you on the reopen. In my case I reopened multiple denied conditions during the last 3 claims to include my current FDC, and they were all granted, 8 of them in fact. An IMO would be good as Berta stated, but of course that can be expensive. If your husband is longer able to work, then you need to file for IU and SSDI. I am no expert in IU, but can definitely help with SSDI. Good luck and God Bless!!!

[Buck52]

kate go to this site they explain how to re-file and what forms to send in, how to prepare a DBQ or Nexus letter...eazy to understand just go to the site and clink on any of the links that has your interest!

This may or maynot help you?..I hope it helps?

http://unitedstatesveteransalliance.org/

Buck!

Edited February 21, 2015 by Buck52

[kate7772]

That is Wonderful News Kate..... as I have said here many times, often vets lock themselves into PTSD, and are denied when ,if they file for adjustment disorder or any other MH issues they have a better chance to succeed, because the 2010 PTSD regulations are so stringent.

Does he have a rating yet for the Camp Lejeune bad water claim he filed?

Yes 80%

"Is there another option?"

Since this is no longer a PTSD claim, he has the opinion of obtaining an IMO for a higher rating.....

But between the two awards, there will be a rating that might trigger VA to consider 100% or TDIU, and they will send him the TDIU form.

He did not get a TDIU form in his award letter, only a Voc. rehab form

"He is already on regular social security which he took early due to health."

Do you mean SSDI?

No, he just took his reg. ss at age 65 to use Medicare to pay the medical bills after he was diagnosed with the kidney disease. Our reg. insurance was paying almost nothing. He is now 69.

If it is solely for either the MH issue or the Contaminated water renal disease problems , it should be good evidence for TDIU.

Edited February 21, 2015 by kate7772

[Gastone]

The IU claim has to be based completely on your SC conditions and Earned Income of less than $12,400 (<65) or $11,400 (66>). The VA Gainful Employment Income figure is somewhat unforgiving. Age is not a factor but just being unemployed or underemployed is not a qualifier.

All Vets are eligible for the VA Vocational Rehabilitation program for a period of 12 years from the date of their most recent SC award. Not hat a 65+ Vet is looking for a job but verification by the VA Voc Rehab Councilor that the Vet is not eligible for Voc Rehab due to his/her SC Conditions would be about the best evidence available regarding IU. VA Rater's rely on the quality of evidence and a trained professional VA Councilor's official determination would seal the deal on IU. A Vet friend I pushed to get the Voc Rehab Denial letter for his up coming IU DRO Hearing, used the "Denial Letter" to get the MI Property Tax Exemption for 13-14 and 15.

Semper Fi

Gastone

[kate7772]

The IU claim has to be based completely on your SC conditions and Earned Income of less than $12,400 (<65) or $11,400 (66>). The VA Gainful Employment Income figure is somewhat unforgiving. Age is not a factor but just being unemployed or underemployed is not a qualifier.

All Vets are eligible for the VA Vocational Rehabilitation program for a period of 12 years from the date of their most recent SC award. Not hat a 65+ Vet is looking for a job but verification by the VA Voc Rehab Councilor that the Vet is not eligible for Voc Rehab due to his/her SC Conditions would be about the best evidence available regarding IU. VA Rater's rely on the quality of evidence and a trained professional VA Councilor's official determination would seal the deal on IU. A Vet friend I pushed to get the Voc Rehab Denial letter for his up coming IU DRO Hearing, used the "Denial Letter" to get the MI Property Tax Exemption for 13-14 and 15.

Semper Fi

Gastone

How long does it take to get Voc. rehab either approved or disapproved?