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If you have dominantly social impairment from PTSD and there is enough evidence of this and this has worsened, can this alone get you to 100% P&T from 70%. Do you also have to demonstrate work impairment? I'm asking how the VA views 'total impairment.' Do you have to have both social and work impairment or can social impairment suffice? Do they look at how long you have been previously rated in making their decision? I am waiting for a decision letter for a PTSD increase claim that closed last week. The claim includes my private therapist's nexus letter and DBQ where he specifies language of "more likely than not to be permanent in nature". He also provided a long list of session dates that I have had with him since 2009. I have been in continuous therapy with him for 11 years. My original rating was 50% in 2010 but the VA called me back for a re-evaluation on their own (not at my request) in 2012 which resulted in a rating increase to 70%.
PTSD increase decision 2 days after evaluation/was evaluation required/when does the rating update after decision letter sentBy DSIG
Hello again. I'm posting this to a new thread although its related to a post of two days ago.
I just had my C&P exam on 16 Feb for a PTSD increase. Based on my claim status online which I just checked this morning, 18 Feb, the VA sent a decision letter and closed the claim. Is it possible for the VA to reach a decision this quickly after an evaluation? This claim was submitted as a fully developed claim and the only other evidence I had in my file was a DBQ and narrative or nexus letter prepared by my treating doctor of 11 years.
I'm enclosing a screenshot of a status that I asked the VA about twice and received two different answers. I asked them if an exam was required. The status on the screenshot says no longer needed. In one call the VA said it was not required. In another call they said it was required and provided me LHI's contact information. The exam was scheduled and conducted through LHI.
Has anyone dealt with this type of inconsistency? Is it possible the VA made a decision without this evaluation considering how fast a decision letter was sent after the evaluation. Or do you think the evaluation was considered in their decision?
I contacted the VA this morning and the rep said he cannot discuss the contents of the decision but confirmed that an exam notification was sent out back in January. I also asked him how long it takes ebenefits to show the new rating if the decision is for an increase. He confirmed for me my rating he sees now but this rating is my current rating. How long does ebenefits take to update a rating that may have increased after a decision letter was sent?
Hello and thanks for reading. I have tried to research the FAQ but keep getting the error message " We could not locate the item you are trying to view. Error code: 2F176/1", so hopefully this is not to repetitive. First a little bit of a back story- I have 44 years combined service for pay (Both active duty (combat) Active Reserve, NG and returns to Active duty for deployments. I used a state VA representative to help file my claim and during the process (the VSO) filed all my claims at one time. These included PTSD, Type II diabetes (presumptive), Tinnitus, Bilateral hearing loss, and sleep apnea, neuropathy in my left foot, right foot etc.
After an C&P I was given a 100% P&T for PTSD (service connected - Combat). My other issues were initially deferred. After looking at my information on eBenefits (still waiting of subsequent decision letters, I found the following (note I have completed all the C&P examinations as requested)
10% For tinnitus (service connected) 20% for Type II diabetes, (service connected) 10% for myopathy in my left foot, 10% for my right foot (service connected) 0% for bilateral hearing loss (service connected) and 0% for sleep apnea (NOT service connected).
So while I was surprised at the sleep apnea rating, I think that perhaps this was a result of the the way the claim was filed, in that it was not filed as a secondary to the PTSD.
So the questions then becomes, since I am not seeking SMC, as I do not presently see a real path to it in my present state, is pursuing the Sleep Apnea really a hill worth climbing, since as I understand it because I am already 100% service connected then the VA will provide my CPAP needs. So anyone out there see something I am missing, AND if I do seek to address the Apnea do I simply file an appeal to the decision letter or do I submit a new claim for the Sleep Apnea, as secondary.
I just had my PTSD C&P exam/evaluation and have a few AAR points and questions. This exam was for an increase to an existing rating. My LHI paperwork said "Appointment length up to: 90 minutes or more *exam length varies based on evidence that presents itself during the examination." My appointment took less than an hour and this includes the time I spent to fill out the following questionnaires: PCL-5 with Criterion A, Roche Inventory and Beck Anxiety Inventory. This was 5 pages of questionnaire that probably took me 10-12 minutes to complete. I took pictures of what I filled out so I have a record. The actual exam where the examiner asked me questions felt like it was 40-50 minutes. I felt the examination was rushed because as I was elaborating on something the examiner would cut me off and tell me that she had to move on to the next thing. At the end as I was answering I question she cut me off and she told me that's all the time we have. Also toward the end she said 'I think you need medication'. I don't take anti-depression meds and explained to her why. Is this something an evaluator should be recommending? Has anyone else felt rushed? Why didn't she use 90 minutes or more and just cut me off? She was clearly authorized to use as much time as she needed based on what evidence was presented. She also asked me about my alcohol consumption? Is this appropriate to ask? After I explained how and when I consume alcohol she says 'so you binge drink'. Should I document all this to LHI? Will LHI send me her evaluation if I request it?
I hope this finds you all well. So, quick background..
I was ADMIN Separated from the military, all while going through a MEDBOARD. I was send to a Medboard for PTSD, Depression, Anxiety, Inguinal nerve damage.. years of medical history showing these injuries. My lawyer during this process stated that the Military found me fit because I was going through a ADMIN separation. All my doctors wrote letters to the board stating that all diagnosis were current. The Board came back to state that they did not believe my doctors and stated that my actions were for secondary gains. It was obvious, as per my lawyers, that the board was not fond of the fact that I was being Administratively (after 17 years. Because of my traumas, I acted out and go into trouble. My discharge was a General (Under Honorable)) and I was found fit.
Fast forward a few months, here I am at the C&P...
I went to the C&P and the provider was kind and respectful. She asked me questions about my past, she even started some small talk about how we had the same ethnic background..
She then began to ask me how the PTSD hinders my life. She went on to say " So, from what I see.. I don't think you can work?"... I replied, I am currently sleeping in my car.. I have nowhere to live. ( this is all true)..
She then stated that she was having a hard time finding the exact moment when I suffered the personal assault..., but went on to say that she understands that most men don't report that...
I told her that she was absolutely right.. She then stated "I see that you have been going to medical for depression for years, around that time of your assault.. I can almost hear "assault" through all the depression encounters, even though you didn't say it.. is that correct?"...
I began to cry because that was exactly the case. She then said, I understand and I am sorry.. I went on to say, I never had a provide pick up on it.. I was always so embarrassed to tell anyone about the assault, but I kept going in hopes someone would see it and help me..
We spoke about my father.. 2) How my life was prior to the military 3) how I felt during the service 4) what I did on my off time ( I sleep in my car and at times, at a friend's couch, when I am really frightened.. in a closet.
She ended the meeting with " Do you have any questions".. I replied yes... I wanted to know how bad my depression is from a professional stand point since I don't have a provider anymore.. She stated, " I don't diagnose and I can't tell you how bad your symptoms are... but what I will tell you, and probably shouldn't... I think you case is severe..
She walked me to the lobby, said something to me in our native tongue.. and then said, " we will see you in 5 years...
- I remembered that I had forgotten to tell her about my memory problems (Ironic)... so I called and left her that exact message with my number... 15 minutes later, she called me laughing at my message, thanking me for calling since she had forgotten to ask me that.
I left very paranoid because I never seen a doctor like that..
I walked out feeling cared for, but then my paranoia set in.. I began question the whole encounter.. I began to ruminate on the fact that during my Medboard a doctor stated "Secondary gains," basically stating that I was trying to medically retire before getting separated ( I was already in the Medboard process before getting in trouble).. Will they hold that against me?
All these things came to mind and then I found this group.. I am paranoid, anxious, struggling because I feel like I was being played with.. I have 3 doctors that have evaluated me and stated that I have these conditions.. I just don't know what to think..
Has anyone else had an experience like this?
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,