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Can i get 100%?

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wes44

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>I recently submitted a claim through the va for ptsd and schizophrenia. I had applied for ptsd in 2016 but got denied because i had no evidence to submit.  This time i had a good bit of evidence. I think my strongest piece would be a lay letter my mother wrote that details my schizophrenia and ptsd and gives a service connection. These disabities have rendered me unemployable and the letter states that. Since it says im unemployable and my personal relationships are affected,  is that enough to get a 100%? Also how strong are lay letters in the evidence portion of the claim?

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  • HadIt.com Elder

It depends on how severe your symptoms are?

After you established Service connection.

these are the most critical things a veterans will need. And yes they will consider a good lay statement from family and friends.  but keep in mind these people are not Dr's  so it would be good that they mention this in their statements.

you need 

1.Current Diagnosis: The first step to receiving VA benefits for PTSD requires the veteran to have a current diagnosis. A VA psychiatrist, psychologist, licensed social worker, or other mental health care practitioner must diagnosis the veteran with PTSD in order to show that the veteran is currently suffering from PTSD.

2.Additionally, the diagnosis must conform to specific criteria and it is important the diagnosing doctor provide a report that fully describes why he feels the veteran has PTSD and how the veteran’s symptoms meet the specific criteria. All of this medical evidence must show that it is “as likely as not” that the veteran currently has disabling PTSD.

3.In-Service Stressor: One of the challenges with a PTSD claim is getting service connection. PTSD is not presumed to be related to service, so a veteran will need to have more than just a current diagnosis. The veteran must show that the stressful event that caused PTSD occurred during service. This does not mean that the veteran must have engaged in combat. Any traumatic event that satisfies the diagnostic criteria can be a sufficient stressor. However, there are different rules for combat vs. non-combat events. If a veteran can show that they were in combat, then a statement from the veteran may be all that is needed to prove an in-service stressor. Records that may help prove combat experience include:

Veteran’s DD214

Certain medals and awards received

Unit records showing date and location of unit assignments

Here is a current rating sheet for the severity of symptoms 

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%

 

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Lay evidemce is not nearly as strong as diagnosis, treatment notes from doctor. I dont know if service can even be established that way. If the letter is the strongest thing you have youll need something better from your doctor that says similar

 

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You have to understand the difference between "lay" evidence and medical evidence.  

For example, you can not provide your own diagnosis, nor can you provide your own nexus.  

Both of these have to be provided by a medical professional, and you must have, or be able to obtain, the same.  

What you mentioned was lay evidence.  A "layperson" can testify about some things...for example, your buddies can testify you snored in service.  You dont need a medical degree to hear and describe snoring.  That testimony could provide an "in service event or aggravation".  

Buck went over the Caluza elements required for service.  You can check your own records to see if they are documented.  Since you mentioned you are unemployable, you will likewise need a doctor to state you are unable to maintain substantial gainful employement due to SC conditions, but it sounds like that is a ways off.  The VA does not like it "one and done", but instead, they chop your claim up into mulitple pieces.  Service connection is often denied.  Then you have to fight for disability percentage.  Then you fight again for TDIU, and, again for effective date.   Its not unusual to have to appeal multiple, multiple times on different issues.  

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<<<<< I think my strongest piece would be a lay letter my mother wrote that details my schizophrenia and ptsd and gives a service connection.>>>

Unless your mother is a psychologist or psychiatrist, she is not considered capable of diagnosing you with a major mental disorder. While she certainly is capable of testifying that you are not who you used to be when you entered the service, that does not provide the third ingredient you need to show service connection. I presume you have the first requirement of a bona fide history of psychiatric treatment or a qualified, documented stressor from your time in service. 

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