ptsd Decision For Ptsd Rating

[Tower_Rat]

I just wanted to say thankyou to everyone for all your help on my claim. I couldnt have gotten this far on it without the experts here at hadit. Ive included some of the pages that were in it and scanned them for this. They only used one stressor out of about 10 that I gave them to investigate. The one they used to verify was not even the worst one but, the only one they could verify, and that was only with a buddy statement. So basically the benefit of the doubt was given to me I guess. I noticed on the IU they stated that even though they use the SSA records which were determined with the VAMC records that their two seperate entities and that they have different ways of evaluating the disabilies. They took one line from the SSA records stating that I have anxiety and personality disorder NOS and said that it wasnt PTSD even though in the SSA records it does state its PTSD also. The doctors all state chronic PTSD, depression, panic disorder, agoraphobia, general anxiety, adjustment disorder and personality disorder NOS. Its like they didnt even read the PTSD part. The VA C&P doesnt even talk about anything other than PTSD being my axis I I do think this is a last ditch effort of the VA to do this. They sent me the Voc Rehab form but, I cant fill it out because I cant work anyway due to my disabilites. The VA agrees and the SSA agrees also but, the claim doesnt what a bunch of BS

Thanx everyone

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[Berta]

Boy -can I relate to what you are going through--

I had a VA medical statement in support of my Section 1151 claim and my wrongful death FTCA

within 3 months of filing the charges. What I mean is-I didnt get this-the statement was obtained by regional counsel and given to the VARO. Counsel thought this would generate my DIC award right away and meantime we could negotiate a settlement.Both VA counsel and the VA doctor retired. Both assured me even after their retirement that the VA still had this info.

The VARO never acknowledged it , and said it never existed.and the FTCA and 1151 claim took 3 more years to resolve.

(I found this VA medical report of malpractice , dated May 1995, in my c file 2 years ago.

They had it all along.)

The SSA said Rod was 100% SSA disabled solely by PTSD with date of 1991.He never saw a SSA shrink- the SSA based this award on his VA med recs.

The VA first did not even get his SSA records,(they told 2 senators SSA refused to send them but this was not true) and then when they finally got them they ignored them.

They finally awarded SC 100% P & T for PTSD after Rod had been dead for over 3 years and used the SSA retro date but only used- in the decision- a statement from his doctor.

I had to supply all the VA psych test results myself but they never considered them.

This claim took over 6 years. The Section 1151 and this accrued claim were re-opens of Rod's claims.

I often wonder how much the frustration of all of it added to his death.

The VA itself re-opened an old denied CUE claim in my behalf in August-

PTSD contributing to death.

They had made a bizarre statement in a prior letter I got from the VSM.(January 2006)

I wrote back and held them to this statement and this might be why they had to re-open this old claim.

It supported PTSD contributing to his death.

This might help someone.

The veteran's 1151 listed PTSD as one factor causing his other disabilities-any or all of which that could eventually cause his death.

The OGC and the VARO ignored this facet of his 1151 claim and my subsequent FTCA claim.

About 2 years ago-as I looked over all the VA crapola here-I then filed for a decision on the RO Section 1151 decision on this PTSD basis -stating that this issue has remained open since 1995.

The VSM replied that the 1151 award had covered the PTSD issue.

What a dope-

She had given me evidence that PTSD was a contributing factor to the veteran's death.

I immediately used this as evidence for the PTSD contributing to death claim.

I bet they hate me.

But this is what prompted (maybe) the VA itself recently to file a Motion at the BVA to reconsider an old CUE claim they denied in 1998).

The other CUE I had at the BVA- which was denied in around that time too- caused VA counsel to CUE the VARO in 2004 on the very same legal error-my initial CUE claim was right-and they sent me a check.That is resolved now-

So it must be the other 1998 CUE.

It is amazing how the VA itself can put their own foot in their mouth.

I just love using their words against them.

Edited December 9, 2006 by Berta

[Pete53]

Unless you stressor was in combat it is very difficult to prove a stressor to satisfy the VA. Since most people who have PTSD also have Depression many would be better served to ask for something comorbid to PTSD.

[john999]

Pete53

That is absolutely true and I think sometimes the VA steers vets into claiming PTSD just because they know it is hard to prove unless you are a combat vet. The Vet Center people kept after me to do all this stuff to prove PTSD when I already had a service connected psychiatric condition. Alex the lawyer told me to just go with what I had and try and prove worsening of my symptoms. That is what I did and got the IU.

If you are service connected you don't have to reinvent the wheel. The personality disorder stuff is poison to a claim.

[Tower_Rat]

Ok I got my SSA stuff to scan through, you can see that they awarded me SSA for PTSD, depression and personality disorder NOS. Now the kicker is that they didnt even give me an exam. They just used all the VAMC records which were very few. I received the SSA award 1 month and a half after I filed for it. So they must have thought it was more serious than the VA. I have 6 files I added but, it wouldnt let me add the remaining 2 I will add those in a seperate reply. These files are the ones from SSA disability determinations.File0001.bmpFile0002.bmp[attachment

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[Tower_Rat]

Here are the other SSA items that I scanned

[Tower_Rat]

here is the other one

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