PTSD and/or TDIU?

[harry59]

Hello all,

I'm hoping to get some advice from members in this forum that may have been in my shoes, or knows someone who has been.  I have been retired 22 years now after 20 years of service.  I currently have a VA rating of 70% for back issues and headaches.   The 70% rating breaks down to 40% for lower back, 20% for upper, and 10% for headaches.  It's been nearly 20 years since I've been back to the VA for a rating increase.  My lower back is worse now, and about 6 years ago I ruptured a disk.  I also lost my job this past October because my back issues limit my mobility so much.  I plan on going back to the VA around October of this year to try for an increase.  I'm waiting until October because that will be the 20 year mark of my VA rating.  I have definite trust issues and I don't trust the VA, which is why I've waited so long.  I wanted to make sure they couldn't take the rating I have away.  

 

I've had ongoing mental issues for quite a while now.  Upon doing some research, it seems I have many symptoms of PTSD.  My wife and daughter are encouraging me to start seeing a psychologist.  I have no problem with that, but one of my questions is: would be a good idea to ask the psychologists office upfront if they would provide a NEXUS letter if they feel I do have PTSD related to my military service?  My daughter advises me not to do that and to take the chance that they will supply one.  Maybe I'm wrong, but I feel it's better to see a psychologist that I know will supply a letter.  I feel a NEXUS letter carries a lot of weight, and it's frustrating when specialists tell you that your condition is likely caused by your military service, but they won't supply a letter to back it up.  

 

Another question concerns TDIU.  I've been working in the maintenance field my entire life.  As stated earlier, I was let go from my job because I could no longer effectively perform the duties due to my very limited mobility.  Of course my employer gave me a letter that I was let go because they were "cutting back."  I know they were protecting themselves because I was one of the more senior and experienced techs there.  In any case, my second question is: should I file for TDIU as well as PTSD at the same time, as well as any secondary issues that I feel may be related?  Or should I just file for one or the other?

 

All replies and advice is greatly appreciated.  Thanks to all who took the time to read this.

[ShrekTheTank]

Hello,

It is great to go and see someone, but the VA is the only one who can service connect you for PTSD.  It is great to have a mental health professional see you and give their opinion.  You can add this to your information you hand in for the PTSD claim and it can strengthen your claim.  I would also get lay statements from yourself, and your family and anyone who has seen your issues with PTSD.  

I would put in the claim for PTSD and for TDIU.  I would also put in for an increase for you back.  Sounds like it has gotten worse.  I would start your claim today on Ebenefits to make sure you preserve your date for this month.  If you wait until the 1st then you will miss the next month.  You have 1 year to finish filing.  

[ShrekTheTank]

another part of the PTSD is to make sure you give them a real idea in that C&P of how bad it is.  When they great you, they are normally happy and are looking to see what you do.  If you respond with I am having the best day of my life, then they will see this as you really have little issues.  They don't know about the nightmares or the flashbacks or the anger issues you have.  Whatever they might be.  I would say I am ok or fine.  

Then go on to explain a bad day.  Give them ALL the details, remember this is the ONLY view they will see of you.  IMO the C&P carries 70% of the weight when they give out a rating.  I could be wrong here, but it really does matter.  There are things you can say in there you can't say in front of your wife or others and they need to hear them.  

I have schizophrenia.  That is the first time I have said that to anyone outside of therapy.  It is mild and under control, but it was very hard to come to terms with.  My brain works mechanically very well, meaning I love to take things apart and put them back together to see how they work.  My therapist keeps pretty good tabs on me to see if there are any issues and I to know if I need him, he is there.  BTW I never brought this up in my PTSD C&P and my therapist is like why not?  I told him I did not want to get sent to the VA hospital and never get let go.  

Just be honest and you will make it through.

[Buck52]

I Agree With Shrek,

However the VA is really cracking down on the PTSD Claims

It's always best to get in treatment and see a L.C.S.W. Therapist  rather or not you win your claim or your denied  if your having PTSD Symptoms     its better to seek help.

Unless you have medical records while in the military that you were traumatize with something while in the military it will be hard to get a Nexus Letter, certified notarized statements from family and friend's  and Buddy statements while you were in the military  are good  describing your behavior before military and after, but  your going to need a Stressor  the reason you have  a Mental Problem?

The C&P Examiner will have your records in his/her computer  the VA sends them a week or so before your C&P Date  They have a week to read and study your records, during this C&P EXAM the examiner and will likely ask you if your a combat veteran  although they read your records  they do this to see what you say  and if you say yes  they will know your telling the truth or lying   even if they don't have any stressor records   but the records show you were  combat vet and were you served  ect,,ect,,

so what ever you do do not lie always be honest  but also you don't need to be a combat veteran to have a stressor while in the military but you will need something that caused you trauma  and later on was diagnose with PTSD, you can ask the VA psychologist/psychiatrist  if they will write you a nexus  but good luck with that.

.  if VA Diagnoses you for PTSD  it will still be hard to get it service connection  if you don't have a Nexus

you will still need these 3 things they call Elements

The 3 Essential Elements of Service Connection

A current, diagnosed disability;

An in-service event, injury, or illness; and.

A medical nexus between the current disability and the in-service event, injury, or illness

 

 

Edited March 26, 2021 by Buck52

[Buck52]

 PTSD EVALUATION BEFORE DIAGNOSED AND BEFORE THE C&P EXAM.

NOTE: Service connection for post-traumatic stress disorder (PTSD) requires medical evidence establishing a diagnosis of the condition that conforms to the diagnostic criteria of DSM-IV, credible supporting evidence that the claimed in-service stressor actually occurred, and a link, established by medical evidence, ...

[harry59]

I really appreciate the input. I've had several stressors in my military career, three of which bother me still today. The first one was when I lost a very good friend in an aircraft accident. That is well documented. The second one is when my crew nearly had a midair collision with another aircraft. That one is not documented as far as I know. The third one is kind of a long story that I won't get into, but I think about it quite often. 

That's why one of my questions was if I should be proactive and ask the psychologist office if they would do a Nexus letter, or not, before I start sessions. I know they hold some weight with the VA. Or am I overthinking this?

[Berta]

Unless the psychologist was a witness to your stressor, their nexus statement will not fly.

I told the story here many times- sorry to bore anyone again with it-

My USMC Vietnam husband went to the VA in 1983 to try to get a business loan.He tried to choke the  loan office , who was Asia and looked like the enemy, and  who had  turned the loan down because he had not prepared an adequate plan. While he waited in a room  alone to be arrested a vet came in and they started talking about Vietnam. My husband described one of many stressors he had and the man then said- 'I am a Vietnam vet but also the director of this VAMC, and I am  also a psychologist who was at the scene of the horrific incident you described in Vietnam."

He gave my husband a detailed buddy statement, then someone filed the claim for him for PTSD , and a few months later he was awarded for SC PTSD. That does not happen too often.

Only the USMC volunteers for this terrible situation knew the details of it that the Director confirmed.

If you have the Obit of the friend who died and can prove the accident and that you were there, ((it might be in a Morning Report from your Unit), that , and a buddy statemnt or two would help establish a stressor.

I have an article here searchable on Defining of a Stressor and also on Buddy Statements.

My husband also had tracings from the Wall on his best friend's death in Vietnam.He witnessed the death and he also recovered what was left of his friend's  body. But he never used that as proof of a stressor as he had so many more and they were never questioned.