ptsd Decision For Service Connected Compensation Ptsd

[Shoot]

Anyone can be of any assistance to me I would appreciate some advice. I have been trying to get service connected PTSD benefits for the past five years. I received a 30% level 3 years ago and since then I had to leave my employer(forced to retired) because of behavior problems, outbursts, cannot get along with others and many many more things too long to list. I am a Vietnam combat CIB vet with a purple heart. Just yesterday again I received a rating decision that sent me into a rage that each time it happens I have to take medication over and above needs to quiet down.(thank god for my wife or I probably would have ended it by now). Bottom line is this, I have a psydiatrit at VA that is a specialist in the PTSD area and he has stated that I can not work and is spelled out in plain english and need documentation in the medical file. I see him every three months. I had a C&P for a rate increase evaluation for PTSD in August, 2006 (since I was told you have to have at least 50% on PTSD to be able to file for unemployability) The c&p came out with a GAF 40 and a note stated "it is more than likely than not that this veteran will never be able to return to regular employment". She was a psychologist and remember this was a C & P.

As of today I was turned down for any increase due to the fact "Unfortunately those GAF scores were provided without a complete mental status evaluation which is a requirement for evaluative purposes. You were afforded a VA examination which was conducted on 8-06 and an AXIS I diagnosis of PTSD was provided. An AXIS V diagnosis GAF score of 40 was provided for your PTSD however, this score is not consistent with your actual performance in the Mental Status portion of the examination and is therefore not considered as valid data". What the h does that mean???? I have been thru many C & P over the last five years with VA and my specialist at VA has given me a GAF of 37. C&P was 40. I have many other compensable problems, including GERD that is so bad they have to go down my throat every year, knees and ankle problems due to being blown off of my APC in Vietnam and I cannot walk with help of 2 canes. (they gave me 10% for that)

I am just at my wits end with this situation. How can a "Veterans Service Center Manager" TURN DOWN MEDICAL EVIDENCE THAT TWO MD'S AND FIVE YEARS OF MEDICAL EVIDENCE AND MEDICATION TREATMENT AND CARE IS DOCUMENTED. I understand the goal is to want you to stop this whole thing, but believe me jumping off a bridge sure is looking more inviting. I don't care how long you have to fight them. I have even been denied 10% for having tinnitis and I was blown off an APC and unconsious for 2 weeks with a head injury. My ears ring all the time.....

Now they want me to file a notice of disagreement again and go thru this whole thing again. Service medical records cannot be found, what a surprise!!!! If I did not have my purple heart I probably couldn't even prove I was wounded. I also had a severe case of malaria and hospitalized for over 4 weeks. This could go on and on.....I have the medical backup and GAF can anyone tell me what else would convince these ding dongs...... what they need to give me.?????? I just would like everything to go to the final stage and tell them to quit f.....king with me!!!!!! Thanks to all my fellow vets out there, I read your stories too as much as I can, it just makes me so mad.....I know I'm not the only one

Richard Ervin

1st Cav/ 2nd, 8th Vietnam 70-71

CIB, Purple Heart, Bronze Star

[RockyA1911]

As of today I was turned down for any increase due to the fact "Unfortunately those GAF scores were provided without a complete mental status evaluation which is a requirement for evaluative purposes. You were afforded a VA examination which was conducted on 8-06 and an AXIS I diagnosis of PTSD was provided. An AXIS V diagnosis GAF score of 40 was provided for your PTSD however, this score is not consistent with your actual performance in the Mental Status portion of the examination and is therefore not considered as valid data".

It is a polite way of saying you are faking or malingering as far as the GAF score. In otherwords, the Mental Status portion of the MMPI 2 and other batteries of tests you took, based on your answers and actions are not compatible with the GAF score of 40, therefore is considered invalid. They have a method of cross checking all of those batteries of tests against each other and the score of each can determine if the veteran is malingering.

Did they have you take the MMPI-2 twice to be sure. Normally when they get a read out of the whole Mental Status and it is in conflict with the GAF that shows invalid, they have you retake the tests again to be certain that it is faking/malingering or the second one compared to the first one rules out malingering/faking and therefore both combined represents a picture and confirms there is or is not faking when it comes to the reported GAF score.

Not saying you are, just explaining what that paragraph meant. You would have to retake the entire battery of tests again along with current GAF so they can look at the numbers and it will tell them if your GAF score is representative of the Mental Status portion or it is non representative of the mental status portion which is faking the GAF.

Edited January 17, 2007 by RockyA1911

[Vike17]

Shoot,

I'm going to go through your post step by step so my answers will make more sense.

It appears you are already service-connected for PTSD which is currently rated at 30%. Appparently you applied for an increase in evaluation and was just recently turned down.

"I have a psydiatrit at VA that is a specialist in the PTSD area and he has stated that I can not work and is spelled out in plain english and need documentation in the medical file. I see him every three months."

Is the VA aware of those treatment records, which I assume were through the VAMC? were they listed in the 'evidence" of your recent rating? Just because you have been receiving treatment of your service-connected disability at the VAMC, does not mean the Regional Office has those records.

"I had a C&P for a rate increase evaluation for PTSD in August, 2006 (since I was told you have to have at least 50% on PTSD to be able to file for unemployability) The c&p came out with a GAF 40 and a note stated "it is more than likely than not that this veteran will never be able to return to regular employment". She was a psychologist and remember this was a C & P."

You can file for IU at anytime you 're unable to work because of your disabilities. Did you syubmit VA Form 21-8940? One thing to keep in mind is that a GAF score alone does not warrant a evalutaion, it's only a giude to the decision maker. In order for a GAF score to carry any weight when it comes to assigning a percentage, the GAF must coincide with the rest of the treatment records. A GAF score is a score assigned on that given day and is a measurement of how you're doing on that particular day of treatment. It does little for the examiner to state anything such as "veteran will never be able to return to regular employment," if it isn't supported by a rational ect...

As of today I was turned down for any increase due to the fact "Unfortunately those GAF scores were provided without a complete mental status evaluation which is a requirement for evaluative purposes. You were afforded a VA examination which was conducted on 8-06 and an AXIS I diagnosis of PTSD was provided. An AXIS V diagnosis GAF score of 40 was provided for your PTSD however, this score is not consistent with your actual performance in the Mental Status portion of the examination and is therefore not considered as valid data". What the h does that mean?"

This is what I meant in my statement above. Apparently your test scores that were administered during the exam don't coincide with the GAF score. Test scores are objective evidence and the GAF score is largely subjective. Having said that, it looks like the RVSR used a C&P exam that may have been insufficient for rating purpoese, as they state "Unfortunately those GAF scores were provided without a complete mental status evaluation which is a requirement for evaluative purposes." This is pobably grounds for an appeal and an new C&P exam. A little more on that later.

"I have been thru many C & P over the last five years with VA and my specialist at VA has given me a GAF of 37. C&P was 40"

Like I said before, does the VA have those records so they can evaluate them?

"I have many other compensable problems, including GERD that is so bad they have to go down my throat every year, knees and ankle problems due to being blown off of my APC in Vietnam and I cannot walk with help of 2 canes. (they gave me 10% for that)"

What did the VA rate at 10%, you knees, ankles , or GERD? Which ever disability it is, have you applyed for an increase also as you did with the PTSD?

"I am just at my wits end with this situation. How can a "Veterans Service Center Manager" TURN DOWN MEDICAL EVIDENCE THAT TWO MD'S AND FIVE YEARS OF MEDICAL EVIDENCE AND MEDICATION TREATMENT AND CARE IS DOCUMENTED"

If those records are in your C-file for evaluation, they didn't "turn them down." They were evaluated and given a certain amount of weight in the decision. However, from the looks of things here, it's a good possibility they weren't even before the RVSR when they made their decision.

"I have even been denied 10% for having tinnitis and I was blown off an APC and unconsious for 2 weeks with a head injury. My ears ring all the time"

Generally, its hard to get service-connection just for tinnitus alone, it normally is associated or "secondary" to hearing loss. Do you have hearing loss, and if so, do you recall what your ETS physical said about it. If your ETS physical is silent for hearring loss, then you'll need a current diagnosis and a nexus opinion from an Audiologist stating that "it's at least as likely as not that the veteran's current hearing loss is due to the lound noise exposure he suffered in combat in Vietnam," or something to that effect. The doc will also need to give his rational as to why he came to this conclusion.

"Now they want me to file a notice of disagreement again and go thru this whole thing again. Service medical records cannot be found, what a surprise!!!! If I did not have my purple heart I probably couldn't even prove I was wounded. I also had a severe case of malaria and hospitalized for over 4 weeks. This could go on and on.....I have the medical backup and GAF can anyone tell me what else would convince these ding dongs...... what they need to give me"

If you want to protect the effective date of your claim, you're going to have to either submit a Notice of Disagreement stating you disagree with their decison and why, or you can send them "new" evidence that they did not have before and request them to "reconsider" their prior decision. If youare to write out a NOD, I would strongly suggest you mention that the C&P was insufficient for rating purposes and ask for a new one. DRO's are generally pretty liberal whenit comes to this. I would also strongly suggest asking for a DRO review and a hearing in your NOD. As far as your SMR's, have you tried to get copies yourself from St. Louis? If you were hospitalized at anytime while you were in the service, those hospital records, otherwise known as clinical (inpateint) records are NOT in your SMR's. They are stored by treating facility and year in another location at St. Louis. You can either request those records yourself, or tell VA the hospital and dates and conditions treated and they'll obtain them for you. As far as your malaria, di you have any residuals from it. the VA can only compensate for residuals of any injury. They don't pay compensation for an injury or diagnosis.

I would first make sure the VA has those treatment records fropm your visits every three months. If the VA does have those records, just simply write them a letter stating that you disagree with their decision dated (insert date here) and why you disagree with the decision. Also, if you haven't submitted VA Form 21-8940, do so ASAP to protect your earliest effective date of IU.

I hope this helps!

Vike 17

Edited January 17, 2007 by Vike17

[Berta]

I posted a detailed reply that I lost in hyperspace-

this is irritating me-

so veteran-hope this goes through- if I were you I would apply for TDIU-

I will attach the form-

Under Remarks tell them about any side affects of your meds-, tell them what you told us about the last job,tell them if Voc Rehab ever turned you down- and refer them to (under Remarks you can say you are attaching more information) attach copies of those VA doctor reports that support your claim- they support the TDIU claim too---

That 10 % is way too low too- is this APC accident as residuals mentioned on your discharge physical from the mil?

NARA is where you can get your SMRS- I have SMRS here that the VA said were lost or burned-

maybe the VA is right- but I never believe them on the lost SMR stuff.

The GERD -can this be linked to your PTSD or your SC meds?

TDIU_form.pdf

[Berta]

forgot- losing my stuff in hyperspace is giving PTSD----

The GSW- do you have residuals such as schrapel and any muscular damage- also what about a prominent or painful scar-

Did you claim the tinnitus directly due to your MOS?

I think that decision was disgraceful.

and whoever told you you need 50% for TDIU consideration is wrong.

Edited January 17, 2007 by Berta

[RockyA1911]

"I have even been denied 10% for having tinnitis and I was blown off an APC and unconsious for 2 weeks with a head injury. My ears ring all the time"

Generally, its hard to get service-connection just for tinnitus alone, it normally is associated or "secondary" to hearing loss. Do you have hearing loss, and if so, do you recall what your ETS physical said about it. If your ETS physical is silent for hearring loss, then you'll need a current diagnosis and a nexus opinion from an Audiologist stating that "it's at least as likely as not that the veteran's current hearing loss is due to the lound noise exposure he suffered in combat in Vietnam," or something to that effect. The doc will also need to give his rational as to why he came to this conclusion

My recent decision awarding 10% for recurrent tinnitus states that my DD-214 shows receipt of Combat Action Ribbon, therefore tinnitus is conceded due to military noises.

Yes there is a C&P audioalogist exam that also states "Onset more likely than not caused by military noises."

They listed it as secondary to Post Concussion Syndrome with PTSD of all things.

I do not have hearing loss.

[john999]

Rocky

The VA should provide you with another C&P exam since your was flawed by their own admission. Ask for a DRO Hearing. When the VA gets a claim really screwed up they tend to dig in their heels. Your decision does not even make logical sense but that is nothing new.