ptsd Disability Questions

[Joe T.]

Thank You for this site and anyone that can help me.  Also Thank You all for your service !!!!

1. I need to see into how I can get the (Star Marked and commented in Red on the picture Attached below) Staph (MRSA) added to my claim as service connected. It started in Iraq and I had many removed.  The Doctor thought it was gone when I took mid-tour leave I had another infection this time in my arm (Every time I got a new one it was in a new location on my body...joy).  I couldn't get on the plane to return to Iraq because my arm was swollen after the flight from near my home to Atlanta.  We still were wearing DCU's so swollen and cant move my sleeve over my arm really is swollen.

2. I was told I was being rated for PTSD and it shows me having Major Depression with Anxiety Disorder (See Picture Below). I am at 50% for that.

3. I have had these ratings and no one has tried to get me to get new MRI's etc the whole time.  Does this mean they don't plan on ever reducing them or will I just be randomly supposed when I am pulled off of this?

4. I am somehow not rated as permanently and totally disabled by the VA.  The doctors said other wise but when I look at the documents section on eBenefits it says I am not. Personally after the Sleep Apnea was a complete failure and I went from waking up around 30 time an hour to 135 times an hour pre and post sleep apnea study evidence. This makes it so hard to keep a normal sleep schedule because the stupid machine wakes me up more then choking to death...I feel like a zombie and have only held a part time job (10-15 hours a week) for just over 2 months of the whole time since I have been out of service Jan 30 2009. The sleep apnea isn't the only issue either.   I am in constant pain from my lower back and I cant stand for too long because of my back and ankles. Also most people are put off by the way I act because I am a bit jumpy and I have variable mood issues thanks to my sleep issues and my issues from things that happened to me.

I know that I am not the worst off of injured veterans, but there has to be a line where you get to it and your taken care of and not expected to work etc anymore. It is depressing and I totally understand why old people that don't have enough money to vacation a lot just sit around and die...I'm only 34...

Oh and off topic.... My wife and child haven't been added to my VA Rewards and I have had a claim and its been over a year and they haven't touched it yet.... I have another son on the way soon as well.

[Berta]

The actual decision will tell you why they did not rate you as Permanent and Total.

The MRSA- what is their reason for denial?

[brokensoldier244th]

Most of the veterans here that I have read, and myself, were 100% for quite some time- a year or more in many cases- before requesting P/T status due to the conditions being stable. It really depends on your treatment records and what they reflect as far as if your conditions are or are not likely to improve. File a claim requesting it through Ebenefits or through your VSO and see what happens. I know that the MDD and Apnea can sometimes improve or get worse as time and treatment go on (personal experience) so pointing out to the VA and your doctor (and having your doctor opine on whether or not its likely to improve) will go a long way towards getting a successful claim. 

[Vync]

Hi Joe,
Welcome to Hadit! My compliments on your Deadpool icon.

1. Need more information in order to help with the MRSA/staph infection. If you can post the text of the claim denial for this condition (remove any personally identifying information), it can help.

2. The VA loves to take PTSD and turn it into something else, but this might not necessarily be a bad thing. Regardless of how many mental health (MH) disorders are diagnosed, the VA will only provide one MH rating. The rating is based on the level of severity/impact that the disorders have on your professional and social life. Here is a link to the MH rating criteria: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#se38.1.4_1130. However, it very well could be worth it to continue pursuing SC for PTSD. Being deployed in Iraq should be a no-brainer for a PTSD diagnosis, but some doctors like to start with more obvious disorders, such as depression, anxiety disorder, adjustment disorder, etc..., and then over time see if it morphs into an actual PTSD diagnosis.

3. Many ratings, such as your shoulder, wrist, knee, and back, are rated by range of motion (ROM), but can also be rated due to other factors. An MRI would be used to help diagnose, such as your lumbar scoliosis with DJD. A link to the musculoskeletal rating criteria is here: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#se38.1.4_171a. Regarding being reduced, the VA can call in a veteran for new exams periodically, but it does not always happen. There are varying levels of protection over time. After five years, they would need to see continued improvement over time, not just some one-off improvement, before they would bring you back in. After 10 years, the service connection status is protected. After 20 years, the rating % is protected. The phrase "permanent" does not actually mean "permanent". Sometimes they get called back in for new exams, but the longer you have rating %'s and the older you become, the less likely it is to happen. Sometimes the VA is stupid and does stupid things. For example, a veteran might have lost a hand in battle, but years later the VA wants another C&P exam to see if the hand is still missing. Yes, things like this do happen.

4. Permant and Total (P&T): Check your award letter. If it says your dependents qualify for Chapter 35 Dependent Educational Assistance (DEA), then you are considered P&T. Each VARO does things a bit differently. Some of them don't come right out and say it. This has been a source of a lot of confusion for many veterans when they receive their 100% award letter. I wish the VA was consistent about this. Because it has been six years, you might stand a good chance at requesting P&T status, especially if your doctors indicated that your conditions are "not expected to improve". The mental health ratings are tricky because the VA loves to indicate they are "temporary and expected to improve". Also, if you are P&T, you can still work (if you want) as long as you are not rated 100% for a single mental health rating. I know you mentioned having a lot of problems holding a job, but that is not unusual for someone who served our country.

Additional info:

Sleep Apnea
I have sleep apnea and use a CPAP machine, too. I am all to familiar with the sensation of drowning while wearing the mask. I recommend you look into a different type of mask. I tried the nasal cushion (nose only), due to really bad TMJ, but it felt like I was drowning due to really bad rhinitis and nasal obstructions. I tried several different types of full nose/mouth masks and found one which works a good bet better than the others, but is still not perfect. Finding the right mask is really a lot of trial and error. If none of them end up being perfect, consider using the one that is least troublesome.

Dependents
If you filed for dependents on paper forms, it usually takes forever. If you log on to ebenefits and do it, they seem to somehow get those turned around a lot faster (couple of months or less). Once they get it straightened out, you will get retro payments. Having two claims in for dependency is ok. I did this. Once my ebenefits claim was approved, I simply cancelled the paper claim and made sure to explain clearly that it was because the ebenefits one was approved.

SSDI
Not being able to hold a job can be a real problem. Have you considered filing for Social Security Disability (SSDI)? There are quite a number of your fellow veterans who are 100% and also file for SSDI. They have a separate set of criteria than the VA, but it can help a lot to have that extra safety net for you and your family. If you can get the P&T status confirmed/enabled, SSDI has a fast track approval program for 100% P&T veterans. Some had said they were approved in just a few months.

Age
Don't let your age worry you. I am only 10 years older than you and my 100% P&T dates back to 7 years ago. I do still work, but don't know how much longer I will be able to continue to do this.

Back Pain
Very similar situation here. I have tried everything to help address the pain. The VA is now getting more strict about giving strong pain medications. Consider alternative treatments like physical therapy, back braces, TENS unit, cold packs, heating pad, chiropractor, and even acupuncture. The VA has started to venture into offering these alternative treatments. You never know what might help give some relief until you try it. What works for one person might not work for someone else.

I hope this helps! Good luck!

[Navy04]

Welcome aboard and Congrats on the 100%. As far as being Temporary, You can look at my Signature and see all of the High %s that I was granted SC, and yet I too was Temporary for 18 months, and I have not even filed for Sleep Apnea and a handful of conditions. I was considered Temporary thru the VA cause I am only 33, and yet SSDI considered Permanent, and Endangerment to Society and not able to handle Finances. Permanent Navy Retired, and the VA pays my Wife almost 2k Per Month on the Highest Tier Level to take care of me, yet it took them a while to make me Permanent. Just part of if my friend. Just continue to seek treatment thru the VA, so they can not try to say that you are all of a sudden Cured. As far as MRSA, I contracted it from Walter Reed after my Second throat surgery, and had it cut out of me 7 Times, yet the VA rated me 0%, but granted me 30% for Severe Scars from MRSA and other surgeries. Never seems to amaze me how the VA works in Crazy ways sometimes. Good luck and keep us posted. God Bless