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Buck52

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  • HadIt.com Elder

Hello,

As most you guys know I was recently diagnosed with PTSD and Moderately Severe Depression by the VA in June 2015...code 9411 not sure on this rating?

also Unspecific Depression disorders code for that is 9435...which for the rating I would ask for that suites my symptom's would be 70% I understand there suppose to award/rate the highest of the two!

My dilemma is I cant make up my mind rather to file a claim or not, I am getting TDIU P&T on a combined rating of 90% for servere hearing loss/tinnitus, been that way now for almost 14 consecutive years. (paid at the 100%rate) Iam well over over 55..actually 63

IF I get a 70%rating with PTSD this would qualify for SMS's House Bound &some extra income If I win the claim and it sure would help out.

I just don't know what to do.? need suggestions and opinions & I do know it all boils down to my choice I realize that but just needed some suggestion as what maybe you guys would do if you were in my shoes?

If I decide to file I need to file as this as a new claim correct? not an increase claim or FDC claim.

I can't file it as FDC because I need some STR's and more Service Records to prove some stressors, as evidence this PTSD is because of my Military Service From RVN. years later.

The VA social Worker says this can happen to Veterans years later , as same as what my MH doc said & she a license BOARD CERTIFIED VA Physiatrist.

Matter fact the physiatrist ask me if I was going to file a claim? I told her I don't know yet?

So as my friends & experience members with compensation claim here on hadit (in your opinion or advice) do you have any suggestion as to rather or not I should file a New Claim with this and just hope for the best?

I trust everyone here on Hadit especially the elder members such as Ms Berta, Jbasser, Jerrel Cook, asknod, Ms tbird, Carlie, Phillip Rogers, Georgiapapa , broncovet, Pete 53, Pete 992, Chuck 75 John999,Gastone,and other hdit members as well.

Thanks you all for your support and your valuable Advice.

I'm at loss right now and can't think very well....and just need a little help on this matter, as my spouse wanted me to ask on here, as she too trust all the hadit members vs any VSO or Vet Center, or any other Veterans organization.

We both Appreciate you guys!

..........Buck & Ms Buck

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

Anyone know if they will drop the IU if I'm rated at 70% ptsd ?

or severe depression or unspecific depressive disorders? which ever carries the higher rating?

I would lose my almost 14 years on the 20 year rule ? and then 200/300$$ SMC would not be worth it if I get HB House Bound. correct?

this is what I'm have problems with deciding if I want to file.?

............Buck

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

Heres a copy from my progress notes, what does it mean? Anybody ?

6/24 /2015: PSYCHOMETRIC SUMMARIES (see Mental Health Assistant for details):

PHQ-9: 17

Interpretation of Total PHQ-9 score

Total Score Depression Severity

1-4 Minimal depression

5-9 Mild depression

10-14 Moderate depression

15-19 Moderately severe depression

20-27 Severe depression

BAI: 34 indicates moderate anxiety

PCLM: Total 61

DSM-IV PTSD Criteria B IS met

DSM-IV PTSD Criteria C IS met

DSM-IV PTSD Criteria D IS met

Diagnose- PTSD

Moderately Unspecific Depressive Disorders

PAST PSYCHIATRIC HISTORY (including suicide attempts): Depression noted in chart

back to 1999 at Big Springs VA and chart indicated the vet was diagnosed with

Depression 331.

...............Buck

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

Buck

It never helps to compare to other Veterans that is how VA attempts to split Veterans. It appears from reading that consensus is for you to file your claim and work for the 100%. Changing the % does not change the 20 year rule it all hangs on the effective date at least that is my understanding.

Veterans deserve real choice for their health care.

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Buck: File the FDC for PTSD. Then complete your own PTSD DBQ. You know you have it, but to what degree of disability, right. Do the old comparison of your self-DBQ to 38 CFR 4 rating table, what do you think?

Back in 2010, I got a copy of my C&P DBQ from VAMC records dept, about 2 months after the C&P. After comparing it to the 38 CFR, I thought I was a lock on 30% with a great shot at 50%, award arrived 2 months later, 70%. I guess that's why I'm not a PTSD Psychiatrist or VA Rater.

As for your Hearing SC, you would have to have some sort of medical procedure to restore your hearing, before any type of reduction. Long term hearing loss, to the best of my knowledge, does not improve or resolve on it's own.

Semper Fi

Gastone

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  • Moderator

Ok, Buck. Here is the deal. If you file for PTSD and get it, NO, the VA can not "drop" your TDIU. Reductions have very specific rules, and they must comply. Unless you started working and earn more than about 12,000 per year, the VA is not going to be able to drop your TDIU. Whether you get PTSD or not, is irrelevant, a reduction is a reduction. But, the VA does have a policy to EITHER pay IU OR 100 percent compensation, not both. Bradley vs Peake seems to have changed this. Im dealing with the same thing, by the way. Im 100 percent and trying to get IU for SMC S. You are IU and are trying to get another rating for SMC, so it should amount to the same thing.

EXCEPTION to the above: There is legislation currently in congress to not pay vets over 65 for TDIU. Most people agree that wont affect Vets who now get IU while over 65, but only "new" Vets who become 65 in the future. The idea is you are not "unemployable" any more when you reach retirement. You are retired. I dont know if congress will allow "grandfathered in" vets a reprieve or not, if this legislation passes. I dont mean to scare you, tho. Congress has been trying to take away IU for Vets over 65 for years, and Veterans advocate groups howl like mad whenever that happens, and they back off. You see, to get state unemployment you have to be "ready, able, and willing to work". If you are getting retirment pay, you probably can not also get unemployment. So, they dont like it that Vets can get IU when they are over 65.

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I replied to those test results in a past post here.

If you have a VA DX of PTSD and proven stressors or fall into the "hostile activity" stuff in the 2010 PTSD regs, you will get a PTSD rating.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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