Looking for help regarding re-evaluation for PTSD

[Awen]

I was suppose to be re-evaluated for my PTSD, which was put at 100% temporary last summer, but was put off until this summer, which they put off until NEXT summer.  I requested to be re-evaluated this year, as my children are now in college and until it is put at permanent, I cannot get college tuition paid for them, and am not allowed to work either.  I was re-evaluated on Nov. 7th.  I received the decision on the 24th!  (it was sent on the 22nd)  They kept it at 100% temporary!!  The explanation says, "The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 70% disability evaluation currently, however sustained improvement has not been demonstrated and thus you will be required to report for a review examination in the future."

Would it be to my benefit to appeal the decision?  I was initially put at 50% for PTSD and a total of 80%, but when something happened at work and the V.A. in 2012, I asked to be re-evaluated and was put at 100% temporary for PTSD, without the rest being a part of the disability rating.  If I am at 70% (which I would agree with), for PTSD, and if they maintain the rest of the disabilities (which were not re-evaluated, but were already put into the permanent category - so shouldn't that be maintained?), I would be at 100%, correct?  But I don't know how this works if I dispute it, or if I would be immediately re-evaluated again, or they would just set it at 70% permanent, or something else.... Or how long it would take!

Any information/help/advice, would be great.  Thank you!

[Gastone]

VA and probably 99.9% of MH Clinicians believe PTSD Symptoms are treatable and that with their EXPERT support a PTSD Sufferer will experience a lessening of symptoms. Right or wrong, who knows?

Depending on your age and how long you've been DX'd and receiving treatment for PTSD, the VA will continue to review your VMC and Private Clinician Treatment Notes for sustained improvement.

I recall you mentioned above about the VA determining your  actually now at 70% SC based on your Treatment Notes and recent exam. With that said, a T & P doesn't look probable.

Are you over 55, have you held the 100% PTSD SC for over (5) Years? All PTSD Awards are Diary Dated for 3 to 5 Year Re-exams up till 55.

It also appears from your post that you believe you can and want to work. Being capable of earning in excess of the VA SGI of $12,400 under 65, would rule out even a tempory IU Award.

[Awen]

Gastone:

Thank you for your response. 

1)  I am 45 y.o.

2)  I was initially at 80% permanent, 50% of that was PTSD, in 2010.

3)  In 2012, something very bad happened at work at the same time that there was VA worker misconduct that ended in the counselor being fired, and I had to quit my job and was re-evaluated, putting me at 100% for PTSD, temporary - because they put me at 100% for PTSD, the physical stuff was not part of it, but is still there (i.e., 30% physical)

4)  So, I have been 100% temp for PTSD, for 5 1/2 years.

5)  I do not agree that I am 100% for PTSD, but do agree that because of the 2012 incidents, I am worse than I was in 2010, with a high likelihood of being hospitalized when/if something traumatic happens (as happened in 2015, and 2017), and as such, would say the 70% is an accurate reflection of where I am now and probably will be for life (given that each trauma is cumulative).

6)  With a 70% rating for PTSD, and the 30% physical that was already permanent and continues to be there (i.e., a seizure disorder that was caused by treatment at Walter Reed; a shoulder, injury; elbow and wrist injuries, resulting in surgery; degenerative back and neck problems, ...), the rating should be 100% total (the original 80%, plus 20% more for the PTSD in large part due to VA misconduct - I know things aren't just added together, but the first (i.e., highest rating) is added to a factor of the other ratings, with the other ratings being 30% before all this in 2012, so that the PTSD does go up by the full 20%) and permanent if they agree with their own assessment that I am at 70% for PTSD.

I hope that all makes more sense.  Yes, I know the work situation makes me inelligable for the 100% PTSD, which is why I am not working...  although the other issue is that I don't know if I can work even part time and not end up in the hospital at some point.  If I go to work, they would put me down to some other percentage, I may end up in the hospital, have to quit the job, and would not have the disability to pay the bills because I would no longer be at 100%, and it could take a year to be re-evaluated and decided upon, at which point I will already have lost my home.  The second issue is that, with 2 kids in college currently, I NEED to work to help them with tuition if I am not at 100% permanent (with PTSD, or with total of PTSD and physical) so that they can use chapter 35. With the continued temporary, all for PTSD, I am deemed not able to work but also not able to help them with tuition through chapter 35 - a lose-lose for me. 

So, my basic question I suppose comes down to, is it a good idea, given all this, to appeal this current decision?  If so, how do I make the case that I am 70% PTSD permanent, with the 30% permanent physical, as was already determined?

Thank you again!

[jfrei]

Again it all depends what caused the PTSD in my case it was a TBI which is Permanent and total since my brain is Permanently damaged for my lifetime...