is this a nexus for my mental disorders?

[Burt]

i am currently at 60 percent for all of my physical issues... knee, hip, back, hearing and nerve damage. i just had my first comp and pen for ptsd and the results are in myhealthyvet i wont post the whole thing i cant seem to get it to copy and paste :( 

 

here is the portion where he lists the severity of the issues:

Does the Veteran have a diagnosis of PTSD that conforms to DSM-5 criteria

based on today's evaluation?

[X] Yes [ ] No

ICD code: F43.10

2. Current Diagnoses

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

a. Mental Disorder Diagnosis #1: PTSD

ICD code: F43.10

mental Disorder Diagnosis #2: Unspecified Depressive Disorder

ICD code: F32.9

Mental Disorder Diagnosis #3: Alcohol Use Disorder in sustained remission

ICD code: F10.10

b. Medical diagnoses relevant to the understanding or management of the

Mental Health Disorder (to include TBI): SC knee condition

3. Differentiation of symptoms

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

a. Does the Veteran have more than one mental disorder diagnosed?

[X] Yes [ ] No

b. Is it possible to differentiate what symptom(s) is/are attributable to

each diagnosis?

[X] Yes [ ] No [ ] Not applicable (N/A)

If yes, list which symptoms are attributable to each diagnosis and

discuss whether there is any clinical association between these

diagnoses:

PTSD - Recurrent, intrusive, distressing recollections of trauma,

recurrent distressing dreams, intense reactivity upon exposure to

cues associated with the trauma, efforts to avoid thinking about

the trauma, avoiding experiences that would arouse recollections

of

the trauma, hypervigilance, and an exaggerated startle response.

Depression - low mood, guilt, hopelessness, low self-esteem,

diminished sense of pleasure

PTSD and Depression overlap (determining proportions would require

resorting to speculation) - markedly diminished interest in

significant activities, feeling detached or estranged from others,

restricted range of affect, difficulty sleeping, irritability, and

difficulty concentrating.

Alcohol - temptation and use of alcohol beyond two servings in a

sitting.

c. Does the Veteran have a diagnosed traumatic brain injury (TBI)?

[ ] Yes [X] No [ ] Not shown in records reviewed

4. Occupational and social impairment

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

a. Which of the following best summarizes the Veteran's level of

occupational

and social impairment with regards to all mental diagnoses? (Check only

one)

[X] Occupational and social impairment with deficiencies in most areas,

such as work, school, family relations, judgment, thinking and/or

mood

b. For the indicated level of occupational and social impairment, is it

possible to differentiate what portion of the occupational and social

impairment indicated above is caused by each mental disorder?

[X] Yes [ ] No [ ] No other mental disorder has been diagnosed

If yes, list which portion of the indicated level of occupational and

social impairment is attributable to each diagnosis:

PTSD - serious impairment in social and occupational functioning

Depression - moderate difficulty in social and occupational

functioning

Alcohol - absent

 

And here is the section i ****THINK**** is the nexus i needed it is in the remarks section

 

9. Remarks, (including any testing results) if any

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

Based upon the training and experience of this examiner, the available

literature on this topic, and the examination of this veteran today, it

is

the opinion of this examiner, per DSM-5 diagnostic guidelines, that this

veteran does suffer from a PTSD and that is at least as likely as not

caused by the veteran's service as it is consistent with the

circumstances, conditions, and hardships of that service and the

veteran's

claimed stressor involves a significant emotional response (such as fear,

helplessness, or horror) to exposure to hostile military or terrorist

activity. His Unspecified Depressive Disorder more likely that not

shares

 

its etiology with his PTSD and is at this time, more likely than not,

aggravated by the impact of the PTSD on the veteran's lifestyle.

His

Alcohol Use Disorder has more likely than not been secondary to his PTSD

at times as a form of self-medication.

NOTE: VA may request additional medical information, including additional

 

[pwrslm]

gratz

 

[USMC_VET]

UPDATE** i just checked ebenfits and was awarded 70 percent for the ptsd/depression and alchohol abuse remission. so i am at 90% now but it does not say anything about individual unemployability though... how do i apply for that?

The VA should automatically "check" to see if you are eligible for it once you meet the criteria (over 70% etc)

 

However with TDIU you need to have in your records that you cannot hold a job, lost jobs in past and currently unemployed.  You cant, to the best of my knowledge, claim TDIU if you are currently employed even if that job pays less, etc than your career did before the problems manifested. 

If you are currently employed I would stay employed if you can.

If you are unemployed then i would go online and file today for TDIU, but dont submit so that it files your "intent to file" and saves your spot in line for retro.

Go and get a great IME from a psych with that retro for you new 90% rating (also stash another 500+ for a future ime when they decide to reevaluate or attempt to reduce you).  Have that psych opine heavily on your inability to keep a job and that they dont believe you can work for anyone in any capacity.

Remember also that TDIU does not necessarily mean you CANT work, there are exceptions, what they call "protected" work environments.

That means if your dad or uncle gives you a nominal position within their company based on familial relations or you work for a company that creates a position specifically for you or others with your limited abilities to function in a work environment.  The VA doesnt consider this "substantial gainful employment" which is not allowed in a TDIU claim.

So if your uncle pays you 1200 a month to help hime rake leaves on properties he landscapes that is not something the VA can claim precludes you from TDIU.

I would get the IME and gather all your work history for the past five years.  Get sworn statements from friends and family relating on its effects on your ability to work.  Especially important would be declarations from former co workers and bosses on how bad it was and why you got let go or had to quit, etc.  The VA is going to require this anyways, the work history, so front load it with statements in support of your claim.

[Buck52]

Just send in the IU FORM 21-8940  and  21-4192  Or NOD the decision and request IU if this disability keeps you from working?

send in any evidence you have to support that  like SSDI if you get that?. and medical records from Dr's stating you can't work because of your SC Disability.

 

jmo

 

.......Buck

[Burt]

i have not worked since 1997... because of these issues. i worked a few jobs for short periods of time but couldnt hold it together and got fired from most of them. i cant get ssdi because i didnt file way back then and its been to long i tried that last winter, at the time i views filing for shit like that (or the VA for that matter) as taking handouts and i did what i could to get by without them.

 

[USMC_VET]

Just send in the IU FORM 21-8940  and  21-4192  Or NOD the decision and request IU if this disability keeps you from working?

send in any evidence you have to support that  like SSDI if you get that?. and medical records from Dr's stating you can't work because of your SC Disability.

 

jmo

 

.......Buck

Your right Buck that is if the evidence that was submitted and the full C&P would support that TDIU should have been considered and granted.  Hard to tell without all the info.

Burt, if your evidence shows a history of unemployment file a NOD on the decision and state that TDIU should have been considered and granted this will give you retro of the 100% back to the EED

[USMC_VET]

yeah you have to work 5 of the last 10 years to get SSDI however you can still file and get VA TDIU, then work your way to 100% schedular and get P&T