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]

John,

What are you smoking buddy? I am not the vet that had the tinnitus denied. I merely posted my recent VA decision awarding me tinnitus based on combat award and audiologist exam.

The Vet Shoot is the original poster and is the one that needs the advise because he is the one they denied tinnitus, not me.

Rocky1911

[sixthscents]

Shoot,

I think Vike laid it out pretty well. Personally I would file the NOD and make sure that ALL of your VA records were in front of the VA rater.

************* THIS IS IMPORTANT *******************

Often people think that the VARO and VAMC are one and the same. It is a common error I see again and again. The VA Medical Center, and the VA Regional Office are two seperate entities under the VA system. The VA regional office (where you file your claim for compensation) often does not have your complete records. While you can ask them to assist you in getting them, normally you can get them quicker and easier yourself just by going to the office of Release of Information at the VA MEDICAL CENTER...

Now the VARO (Regional office, the people you filed you claim with) will often send you for a C&P exam at the closest VA Medical Center, but that does not say that they have ALL of your records. So it is vital to a claim to ensure that ALL records are on hand, INCLUDING PRIVATE PHYSICIANS. I have heard again and again and again that vets were told "my service records were destroyed in the fire"... well for the majority of us that is sheer nonsense. You service medical records are either in St. Louis, or the VA has them in their own storage facility. When a claim is filed the VA requests the records, and then when the claim is closed the records do not go back to St. Louis, or if they do, a copy is also sent to the VA storage facility.

Assessment for mental illness, or mood disorders etc. rely upon the GAF as an indicator of the state of your mental health, but also relys upon a "whole" picture concept. Yet, it seems to me the VA uses it as a 2 edged sword sometimes, justifying a reduced level of compensation because it is high (50s-60s etc), or ignoring it when its low and using the "complete" fuctional picture to deny or reduce your compensation. Now I am not saying that this happens in every case, but I have seen it again and again... with the same raters initials.

Personally at this point my advice to you would be to file a formal notice of disagreement with their decision on every claim............. EVEN IF THE PARTICULAR CLAIM WAS NOT MENTIONED! So, if you filed for something, and they gave you a rating that doesnt address it somewhere inside, file a NOD stating that you disagree with their decision to "vacate" the claim as well as their decision and rating for what they did address. DO THIS RICKETY TICK...

Basically type a letter stating that you disagree with the VA determination on all the different claims, and get it in the mail ASAP. You dont even have to say WHY you disagree, just that you disagree. Then you can come back and submit the complete evidence. Also you can address each claim and say why you think their decision was unjustified or incorrect.

You will be asked if you want a "taditional" or "non-traditional" appeal. Personally I go with the non first and if that gets clobbered, then I step it up to a taditional BVA appeal...

[RockyA1911]

Shoot said:

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????

Since they only performed one Mental Status portion of the examination that was not considered valid data they are telling you they cannot do a rating because they cannot do it based on GAF score alone, it also requires the diagnosis, along with the results of a VALID Mental Status portion of the C&P exam.

Like I said before, when the mental status portion does not coincide with a low GAF score, I was told by a VA neuropsychologist that it is evidence of faking them. She also said they do not take the invalid data just by itself, they do second one to either confirm faking, or confirm the vet is not faking.

They should have given you a second mental status portion exam to confirm whether the data was right or wrong based on your GAF. She said the first one is considered inconclusive when the data is not valid.

Since the VA was missing the valid data of your mental status portion, I would think they errored in not ASSISTING in the rescheduling of another C&P for mental status examination and I would think that claim is still open. Or ask for reconsideration due to invalid data of the mental status being declared invalid.