Shouldnt I Be 70%?

[USMC_VET]

I have uploaded the decision for my predetermination for Reduction, which was dropped however I found it strange that they wrote that....

Evaluation of post traumatic stress disorder (claimed as mental issues and sleep disturbance) currently evaluated as 50 percent disabling. The proposal to reduce the evaluation assigned for your service connected post traumatic stress disorder (claimed as mental issues and sleep disturbance), which is currently 50 percent disabling, is rescinded. This condition will continue to be evaluated as 50 percent disabling.

We have assigned a 50 percent evaluation for your post traumatic stress disorder (claimed as mental issues and sleep disturbance) based on:

• Difficulty in adapting to work
•Near-continuous panic affecting the ability to function independently, appropriately and
effectively
• Difficulty in adapting to stressful circumstances
• Inability to establish and maintain effective relationships
•Near-continuous depression affecting the ability to function independently, appropriately and
effectively
• Impaired impulse control
• Difficulty in adapting to a worklike setting
• Unprovoked irritability with periods of violence
• Occupational and social impairment, with deficiencies in most areas, such as work, school,
fami ly relations, judgment, thinking, or mood
• Disturbances of motivation and mood
• Difficulty in establishing and maintaining effective work and social relationships
• Panic attacks more than once a week
• Impaired judgment
• Forgetting directions

Forgetting recent events

•Forgetting names
• Depressed mood
• Mild memory loss
• Chronic sleep impairment
·Anxiety

The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 50 percent disability evaluation.
A higher evaluation of 70 percent is not warranted for post traumatic stress disorder unless the evidence shows occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as:

• suicidal ideation
• obsessional rituals which interfere with routine activities
• speech intermittently illogical, obscure, or irrelevant
• near-continuous panic or depression affecting the ability to function independently,
appropriately and effectively
•impaired impulse control (such as unprovoked irritability with periods of violence)
• spatial disorientation
• neglect of personal appearance and hygiene
• difficulty in adapting to stressful circumstances (including work or a worklike setting)
• inability to establish and maintain effective relationships.

Doesn't this sound like 70%? and even if the proposal to reduce was rescinded was it not incumbent on them to rate based on the evidence shown? I knew this was a possibility when i agreed to the "deal" between the VSO and the rater, however looking at the evidence i should have just gone forward with the hearing, etc.

what say you?

Edited July 8, 2015 by USMC_VET

[Navy04]

Based on the wording above it could be rated at 50 or 70%, up to the rater. I am 70%, and that is with being listed as danger to self and others, along with 3 months in mental hospital. Good luck, and atleast the VA did not reduce you.

[silverdollar22]

The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 50 percent disability evaluation.
A higher evaluation of 70 percent is not warranted for post traumatic stress disorder unless the evidence shows occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as:

• suicidal ideation
• obsessional rituals which interfere with routine activities
• speech intermittently illogical, obscure, or irrelevant
• near-continuous panic or depression affecting the ability to function independently,
appropriately and effectively
•impaired impulse control (such as unprovoked irritability with periods of violence)
• spatial disorientation
• neglect of personal appearance and hygiene
• difficulty in adapting to stressful circumstances (including work or a worklike setting)
• inability to establish and maintain effective relationships.

Doesn't this sound like 70%? and even if the proposal to reduce was rescinded was it not incumbent on them to rate based on the evidence shown? I knew this was a possibility when i agreed to the "deal" between the VSO and the rater, however looking at the evidence i should have just gone forward with the hearing, etc.

The highlighted in red underlined are a factor. I am also 50% and without these factors i think that was why they didn't raise you to 70%. JMHO!!

eRIC

[USMC_VET]

The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 50 percent disability evaluation.

A higher evaluation of 70 percent is not warranted for post traumatic stress disorder unless the evidence shows occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as:

• suicidal ideation

• obsessional rituals which interfere with routine activities

• speech intermittently illogical, obscure, or irrelevant

• near-continuous panic or depression affecting the ability to function independently,

appropriately and effectively

•impaired impulse control (such as unprovoked irritability with periods of violence)

• spatial disorientation

• neglect of personal appearance and hygiene

• difficulty in adapting to stressful circumstances (including work or a worklike setting)

• inability to establish and maintain effective relationships.

Doesn't this sound like 70%? and even if the proposal to reduce was rescinded was it not incumbent on them to rate based on the evidence shown? I knew this was a possibility when i agreed to the "deal" between the VSO and the rater, however looking at the evidence i should have just gone forward with the hearing, etc.

The highlighted in red underlined are a factor. I am also 50% and without these factors i think that was why they didn't raise you to 70%. JMHO!!

eRIC

In my sworn declaration i talked about my neglect of personal appearance (forgetting to shower, wearing underwear that are more akin to loinclothes, not shaving, etc.) my wife has to remind me every so often "when was the last time you showered?"

In my listings of reasons i got 50% it was mentioned i have impaired impulse control with unprovoked irritability and violence.

I have had and do have suicidal ideation however i purposefully told the doc who did my dbq to leave that out.

I thought that without mentioning the suicidal ideation i could still get the 70% with so many matching up. Im not ready to put that down on record just yet.

Appreciate the comments and opinions, you here are a god send.

Edited July 8, 2015 by USMC_VET

[USN_HM_VSR]

Yes in theory, every rater is different and weigh evidence differently. Just do another increase ask for PnT or take your PTSD DBQ Review to a private Doc

[USMC_VET]

Yes in theory, every rater is different and weigh evidence differently. Just do another increase ask for PnT or take your PTSD DBQ Review to a private Doc

Part of the proposal to reduce process, i went to a private psych and got a private DBQ. it was that, that kept the VA at bay and made them decided to 'drop' the proposal to reduce if i would drop the request for the exam and hearing. I always felt that they did that because they would have granted me the 70%

Are you saying i should just go for P&T so that they lowball me to 70%? or that i should really go for it? I want to work as long as i can, i like getting out in the aspect that i know its good for me. If i was on P&T i would be in a less healthy mental state staying at home

[USN_HM_VSR]

Part of the proposal to reduce process, i went to a private psych and got a private DBQ. it was that, that kept the VA at bay and made them decided to 'drop' the proposal to reduce if i would drop the request for the exam and hearing. I always felt that they did that because they would have granted me the 70%

Are you saying i should just go for P&T so that they lowball me to 70%? or that i should really go for it? I want to work as long as i can, i like getting out in the aspect that i know its good for me. If i was on P&T i would be in a less healthy mental state staying at home

No quite sure what you mean lowball you to 70%, you're 60% right? Oh yeah I definitely think you should go for it if you think you should be higher. You can work if you're PnT.