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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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pctinc2001

Acted like my anxiety wasn't.........

Question

I noticed that the VA didn't award me anything for my anxiety. I was diagnosed with PTSD, depression, anxiety and MDD all at the same time. I looked through my records and see where it's all listed. It has been less than a year since I received my award. Can anyone tell me how to go about getting my anxiety added into my disabilities. Do I file an appeal or..........

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Depression, Anxiety & I think even your MDD all fall under your PTSD 70% Rating. All of them being MH issues and relevant to the PTSD Rating, they are not subject to Individual SC Ratings.

Take a look at your PTSD C & P DBQ, you'll find them all addressed.

Semper Fi

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The Anxiety they probably rated it into the PTSD as unspecific anxiety disorder

here is a list code of the anxiety disorders.

http://www.militarydisabilitymadeeasy.com/mentaldisorders.html#anxiety

Edited by Buck52

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Anxiety is a symptom of the other disabilities.  Mental health disorders are rated on symptoms, once service connected.  Did you appeal the rating?  If you allege your symptoms are more severe than your rating suggests, then you should appeal if you have not already done so and if its in a year of your VARO decision.  

You can check the schedule of rating mental health disabilities and see how your symptoms line up.  Symptoms are in 2 categories:  

1 The degree that it affects employment, if any.  That is, does your mental health disorders( SC) impair your ability to work, and to what degree?  If you can not work, then you probably should get 100 percent OR TDIU unless your inability to work is more related to non service connected conditions.  

2.  Social impairment.  Do you have good relationships with your spouse and family?  Are you afraid to go out and meet people?

     The category for 100 percent is "total occupational (work) and social impairment".  

Again, if you are unable to maintain substantial gainful employment due to sc conditions, then you should apply for TDIU, if you have not already.  

    If you are working full time, then it will be difficult for you to get 100% for mental disorders.  You see, if you have "total occupational impairment" from your mental disorder, then you would not be working.  

     "Working" means substantial gainful employment.  If your neighbor pays you 20 bucks to cut his grass, that is not SGE.  SGE is defined as your ability to earn the poverty level of income which is about 10,000 per year depending upon your number of dependents.  

In other words if you can not earn 10 grand in a year, you are not maintaining SGE.  "Marginal" such as temporary or part time work that does not achieve the poverty level wont disqualify you from getting 100%.  

    This said, you have to show unemployability for TDIU.  Not just being unemployed.  People get laid off for many reasons.  Maybe your company has a reduction in force.  That does not mean you can not work.  A doctor needs to say, to the effect, that you are unable to maintain SGE due to sc conditions for you to get TDIU.  If a doctor has told you this, then you should apply for TDIU and an increased rating pronto.  

 

Edited by broncovet
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Any type of Appeal, DRO or BVA, you better pack a Lunch, 2 - 4 -6+ yrs.

When you say "get anxiety added to your disabilities," you mean get a Separate SC %, right?

What I opined earlier is still the case, it's already DX' and included in your PTSD Award percentage.

If your still feeling anxious about it not being specifically mentioned, File a New FDC for your Anxiety Issue. The VA Rating Dept already has all your MH Med Records in your C-File. Scan whaterver Med Record supports your contention that it should have a seperate SC Rating, and attach it to your FDC Filing. Submit the Claim and try to relax.

FDC Decisions are running about 2 - 3 mos depending on complexity. I think your Denial will come back much quicker. At least then, you'll know that the Rater looked specifically at your anxiety issue and that it's already incorporated into your PTSD Award.

Semper Fi

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Here is the rating criteria formula

General Rating Formula for Mental Disorders

    Rating
Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. 100
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. 70
Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships. 50
Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events). 30
Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication. 10
A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication. 0

9520   Anorexia nervosa

9521   Bulimia nervosa

Ra

 

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