ptsd C&p 5-Year Reevaluation?

[MarineLCpl]

Hello gentleman,

I am a new member on the site. Thank you for having me! I'll tell you a little bit about myself..

Background: (Feel free to skip down to present day for the actual concern)

I was discharged from the Marine Corps in 2008, due to mental health issues, including depression, anxiety, and PTSD. I have struggled with these issues ever since, and am still struggling to this very day. Shortly after being discharged, I was contacted by the VA to come in for a C&P exam to determine a course of action. In 2010, I received a rating of 50% for the issues mentioned above. I had a follow-up exam 6-months later, and my rating was increased from 50% to 80%. At the end of 2010, I filed the paperwork for unemployability, and was granted it at the end of that year. It remains current, and I have been in treatment with the VA since then to work on my issues.

In 2011, I applied for the Vocational Rehabilitation program to pursue a 4-year college degree. I was approved, and started attending classes. My first semester went rather well, pulling a B/C average at the end. The second semester, not so well. Ended up having to drop out because my anxiety was so immense. Enrolled to try again the following semester...dropped again...just could handle it, and was released from the program. In 2012, I became very interested in the engineering side of music, and wanted to give it a shot. I liked the fact that it was something I could do on my own, and didn't have to be around lots of others to perform my job. Being alone is when I'm more content.

I was hooked. I again applied for Voc. Rehab, and met with a rep. He was optimistic, which surprised me because of my past history with them, and he said he would run it across his boss and get back with me. He scheduled a meeting with me two weeks later and said that they couldn't approve that particular music program I wanted to pursue, and if that I picked something else (with a little better job security), I would likely be approved. I said no thanks, I'll just have to do it on my own. I think this surprised him, and I don't know if it was just because he could tell I was passionate, but he said he would vouch for me, and to go ahead and start the program. He told me that I would need to prove to him that I was serious, and maintain a 3.0 GPA in order to keep pursuing it. I agreed.

3 years later, I am finally a senior, and have not once dropped below the 3.0 GPA mark. WOW is all I can say to myself. I'm not going to lie, I went through some hard times with my mental health problems during these last 3 years, but I have fought hard, and maintained. I'm serious about doing something with my life and resolving my issues all together. My rep is very happy with me, and always reminds me that I continue to amaze him at holding up my end of the bargain.

This brings me to present day.

The VA has contacted me and scheduled a C&p exam in a couple of weeks. I do realize that it might be routine, but have a slight suspicion that a few VA employees at this facility are out to get me. While my depression has gotten better in recent years due to optimism about being a degree holder, my anxiety level has not changed, which is why I'm hoping that obtaining a college degree will give me that confidence boost I need to survive in the real world and stop getting so worked up about what others think/how they treat me. All I can think about is them taking away my benefits. I can imagine the aftermath, and I know myself pretty well. I would likely go back into depression because funds will start running low, anxiety will increase even more, fear of the future will be at an all-time high, etc.

I have been honest with the VA about my claims, and have sought treatment ever since my discharge. I have heard horror stories that if you tell the VA that you are better (as in my depression being better), they will automatically try and reduce, or take your rating away all together. I have worked so hard, and I'm gearing up for my last year of college, but now I feel as it all might come to a bleeding halt. I have been an American Legion member for 6 years, so I do have them as a point of contact, but I'm not sure if or when I should contact them about the situation.

Any tips, guys?

Thank you for listening, it truly means a lot! And again, thanks for having me on the site.

MarineLCpl

[MarineLCpl]

We will see what happens. Thanks for the replies, guys, I appreciate every bit of time you take to write.

[Berta]

This is the only thing here that caused me to pause....

"This veteran was administered the PCL-M which is a self report measure of

trauma symptoms. His score of "59" indicates a significant

level of

Page 15 of 38

trauma symptoms consistent with a diagnosis of PTSD. This measure is

face

valid and should be interpreted with caution. Due to the veteran's

self

report of trauma symptoms, the initial PTSD DBQ template was used instead

of the Mental Disorder DBQ template. According to DSM 5 diagnostic

criteria this veteran currently has diagnoses of PTSD and Major

Depressive

Disorder, recurrent, mild."

I definitely feel you will maintain the current rating and maybe should apply for an increase,due to this new diagnosis of PTSD as secondary to the depression...yet the doc said it might be the primary condition.

Others will chime in too.

I assume the the depression, being SCed, is due to the trauma you experienced ,which has been verified, obviously due to that past SC award.

Would VA question that trauma incident,however, for a PTSD claim?

This is just my VAOLA paranoia kicking in.

I do think you will be OK with this C & P as far as your rating goes.

But by all means, if these SCs interfere with your ability to work at any point, file for TDIU.

A veteran can be well educated and very smart but still can sure have PTSD at a high level...

A good example would be Chesty Puller's son Lewis, catastrophically disabled mentally and physically by the Vietnam War but he also was a lawyer working at VA Central (until his PTSD got really bad and he had a tragic death)

Even former VA Secretary Max Clelland ( it took him 2 hours to get to work at the VA every day due to his catastrophic war disabilities) talked about his PTSD after he retired.

I agree with Gastone that they should "infer" a new claim, but they might not.

[USMC_VET]

If i were you Lcpl, i would be ready with all the evidence necessary and a NOD ready to send out the same day if they dont "infer" a new claim in the decision.

Berta -

if they do not infer a new claim might there be a case for CUE in that since it is in the examiners notes that PTSD is more likely than not related as well as the depressive and also the primary, etc.?

[john999]

If you have TDIU then the only way they can really take it away is if you demonstrate you can work 40 hours a week for at least minimum wage. Just because you can do well in school does not mean you can maintain employment. However, if your goal is to have a career then you don't want to file for TDIU or head that way IMO. If you are a young guy I don't think you want to get TDIU P&T or 100% P&T. Why is the VA wasting time and money on a guy who will never work? I do know that vets with PTSD, depression etc. can do good for a while and then relapse. I did that myself. I was in graduate school and had a depression. That was the end of my graduate school. The same goes for work. You can do well for a while and then have a depressive episode and get yourself fired. If you can keep your rating at 70% and then finish school and try working in your career if you wash out due to your MH disability it would be much easier to get TDIU if you still have a higher rating.

John

[MarineLCpl]

I will look closely at the packet I receive regarding the determination. I am already rated 100% IU, since 2010. When they seems me my packet, will it state 100% if I kept the IU rate? Then, I'll inspect closer to see what they have listed down for all my service connections. By the way, I have no idea what some of these terms mean..

"infer"

"NOD"

"face valid"

"CUE"

[USMC_VET]

NOD means notice of disagreement, its a form you file if you diasgree with a VA decision. say you file for PTSD and expect 100% and they give you 70%. you have 1 year to file a notice of disagreement stating you dont agree with their rating, etc. you must present evidence as to why they are wrong or evidence they overlooked, or new evidence to support your claim.

CUE: Clear and Unmistakable error. This is when the va "accidently" overlooks evidence of you claim or mis attributes symptoms. etc. Say for example you claimed PTSD and they deny you and in the decision they only point out the C&P exam as being in the list of evidence that they considered, but you had submitted buddy statements, private physician notes, etc. (and why its important to certify/return receipt all evidence sent) and you can prove you sent it in and they got it, or that it was "lost" in the back of the C-File etc. you can claim a CUE because they didnt consider all the evidence. or say the doctor in the C&P says you have PTSD without a doubt (more likely than not) and the rater say denied because there is no evidence you have it and that it is Service connected. it is a clear and unmistakable error that they made because it was in your exam etc.