PTSD due to MST lowered

[paoret82655]

I received my decision letter today stating that they lowered my ptsd rating from 70 to 50. They also dropped anxiety and alcohol use. I'm currently pregnant and that is the only reason why I'm not hurting myself but it's only a matter of time before I fall into old habits. I'm doing my best to follow through on therapy with the VA but I don't think I'm getting the best care and I'm afraid once I give birth, I will lose everything like I have in the past because of my ptsd. I feel like the VA isn't listening to my fears and I will keep wash, rinsing, and repeating myself. I want to appeal but I honestly hate talking about my ptsd every single time. What should I do?

[Buck52]

5 hours ago, paoret82655 said:

I received my decision letter today stating that they lowered my ptsd rating from 70 to 50. They also dropped anxiety and alcohol use. I'm currently pregnant and that is the only reason why I'm not hurting myself but it's only a matter of time before I fall into old habits. I'm doing my best to follow through on therapy with the VA but I don't think I'm getting the best care and I'm afraid once I give birth, I will lose everything like I have in the past because of my ptsd. I feel like the VA isn't listening to my fears and I will keep wash, rinsing, and repeating myself. I want to appeal but I honestly hate talking about my ptsd every single time. What should I do?

Hello, so sorry to hear this.

Welcome to Hadit

Do you know what prompt them to send you this reduction notice?

DID YOU FILE FOR AN increase  OR DID THIS LETTER SUPRISE YOU?AND /OR IS THIS A PREPOSAL TO REDUCE YOUR BENEFITS DUE TO?

Can you put a redacted copy of your decision  letter as to what they mention in the decision letter to reduce you? (BLACK OUT ALL PERSONAL INFORMATION  NAME CLAIM # ADDRESS ECT,,,ECT,,,) 

Have you Improved or shown any improvements with your PTSD? And are you going to treatment sessions with a VA Therapist or L.C.S.W.?   if you are be sure to check there notes and see what they are saying about you and your PTSD? you can do this with...> MyhealthVet

You May want to talk to your MH team ..let them know you are not any better and you feel that your still about the same if not worse,,if you don't drink alcohol  and your PG  that is good your not drinking while your PG  but you most likely will start back up again  after you have your Baby  and you need to mention this to your Dr's and your anxiety is through the roof & you  need some counseling.

We can help you better if we know the reason why they sent you the reduction letter.

other hadit members will chime in.

[paoret82655]

I can tell you right now what the reason was. While I was active duty, they erroneously diagnosed me as having a personality disorder called Borderline Personality Disorder. They did not know or understand why I was having problems while serving. It was due to my MST. I didn't file for PTSD until 2019. I was approved and my rating went up from 50 to 70. I have been in contact with the VA for med control and talk therapy since then but I noticed that my symptoms have not gotten better so I filed for 100% unemployability seeing as I haven't been able to hold down any jobs since I got out 7 years ago. I filed for a higher percentage in February of this year and got my answer this month. It said the rater at the VA felt I improved because she found my old diagnosis of BPD in my record and that BPD is not service connected. I understand that completely, but I do not have BPD. I have PTSD. Right now they have me as having PTSD with major depressive disorder at 50%. Or I should say, they plan on reducing me in 60 days if I don't contest it. I want to contest it but I don't know how to approach this situation. 

[shrekthetank1]

We really need to see the Redacted copy (minus your information) as the VA loves to put little things in there and are hoping you miss them.  Please post this so we can put eyes on it to give the best advice.

So what matters is did the VA state you do not have BPD?  Do you have that letter?  If not then you might want to file for this, because they could keep coming at you.  Once you have a doctor say you have something, and without them saying no it is not this, it is this then it holds no water.  

As for the PTSD, as longs as this had not gotten better they have no reason to reduce.  So for sure you want to fight this.  

[Buck52]

You file a NOD ****** (21-0958) do this before the 60 day limit  matter of fact you need to file this asap.

let them know you disagree with their decision (on date) to reduce your 70%PTSD/MST rating back to 50% due to a Rating representative opinion  stating you have a disorder called Border Line Personality (BLP)and not PTSD as was diagnosed by the VA on (DATE)  For PTSD/MST and anxiety disorders WITH A 70% RATING ect,,ect,,

you can let them know the rater is not a Dr. and had no credentials to make his/her medical opinion about your service connected 70% PTSD/MST

you can ask your MH Team to assist you and give you there medical opinion as to refer to your PTSD has it stayed the same or actually has worsens this last year ? 

 from your reports from your therapist sessions...depending on there assment to your condition...you need a Dr to state he has examine you and counsel  you and it is his medical opinion that your 70% PTSD caused by and related to your MST.

I feel my PTSD has either stayed the same or will get worse after my baby is born  but this is your assessment and not a Dr's   BUT IT WON'T HURT TO LET THEM KNOW YOUR SITUATION AND WHAT YOUR THOUGHTS ARE.

MST is some what different from combat truma  its more of a painful physiological  condition but were not Dr's so our statements do not carry any weight  but it don't hurt to state your thoughts as long as you say your not a Dr.

ON THIS NOTICE OF DISAGREMENT  YOU TELL THEM WHY A REDUCTION  SHOULD NOT TAKE PLACE   YOU CAN ARURE THE FACT THAT YOU KNOW YOUR NOT ANY BETTER BUT YOU NEED HELP FROM A DR TO EXAMINE YOU AND STATE SO.

THERE ARE DIFFERENT WAYS TO DISAGREE WITH THE PREPOSED REDUCTION.

Edited April 14, 2021 by Buck52 (see edit history)

[Buck52]

I am assuming you are in counseling /therapy?

BECAUSE if you don't go to therapy and not getting any help with your Dx PTSD/MST..THIS IS NORMALLY WHAT CAUSES A REDUCTION LETTER...BY NOT GETTING THE HELP YOU SO BADLY NEED  THEY TEND TO THINK YOUR PTSD/MST HAS GOT BETTER.

 Please don't take this wrong   but I AM NOT SO SURE YOUR PREGNANCY IS AN EXCUSE NOT TO DRINK ALCOHOL (BUT IT COULD CERTAINLY BE) if you have thoughts of going back to the Alcohol after your Baby is born  tell them this.

If you drink alcohol due to your PTSD  and then the pregnant is your excuse for not drinking  means you can stop...with PTSD its hard to stop  this is my point.  we all know its not good to consume alcohol while being Pregnant.

  but there's always that question that will come up.  if she can stop drinking during her pregnancy then she can stop all together. see my point?

you can't turn PTSD off and on due to being pregnant  and normally your symptoms will increase and not decrease   meaning  the Alcohol plays a major factor in your PTSD/MST DIAGNOSIS.

Edited April 14, 2021 by Buck52 (see edit history)

[Buck52]

Just so you know I am glad and proud for you not drinking while being pregnant  protect that baby by all means  forsure.

Hang in there.

[pacmanx1]

Wait, if this is a reduction from a Proposed Reduction Letter that the VA sent you, I believe the correct action/response is to request a hearing and not filing a NOD. Since this is a proposed reduction it is not a rating decision that has been processed and you can fight it by requesting a hearing. During this time (while waiting for your hearing) The VA cannot reduce your rating and you can gather and get all the evidence you need to refute their proposal.  The Reduction Letter should explain and give you details of how to request a hearing. You have about 60 days to respond. Keep in mind that a veteran can have only one mental health disorder service connected. There is a lot here and I noticed that you posted two different post and it may get a little confusing to try to follow them both. You should ask the Moderators to combine them. IMHO (IN MY HUMBLE OPINION) your current rating is based on your current symptoms and you should focus on those symptoms. If you can prove by current treatment records that your symptoms have increased in nature that you should get an increase. You should also/at least get the VA to restore your rating. 

 

Edited April 14, 2021 by pacmanx1 (see edit history)

[pacmanx1]

OK, I had to change some of my post. If you have a medical opinion that your service connected mental health keeps you from being employed and you are unemployable due to your service connected disabilities then the VA should grant your TDIU. The VA tries to get away with a lot of things and they do as long as the veteran does not file for a hearing or an appeal. Typically when a veteran request an increase and the VA reduce their rating it is called a mischaracterization of the issue. 

You can also file for SSDI from the SSA Office.

[Former Member]

We need to see the actual letter and the Evidence they used.

Please scan and attach it here ( cover your C file,name, address prior to scanning it.)

It could contain a violation of 38 USC 4.6 and that would warrant a CUE claim.

I disagree with some of the advice that was  at  a different recent post-

No vet with SC  PTSD should stop taking their meds or stop seeing their VA Shrink.

The VA can and will consider a major improvement ( or even a miraculous  CURE occurred)

in an established PTSD rating if the veteran does not continue to seek help for their PTSD.

If the meds have bad side affects, they can be changed.

 

[Buck52]

pacmanx1

quote in part:Wait, if this is a reduction from a Proposed Reduction Letter that the VA sent you, I believe the correct action/response is to request a hearing and not filing a NOD.

As I understand since this new AMA SYSTEM they do not conduct DRO Hearing anymore?  not sure why maybe covid19?

but the different claim lanes are recommended now   supplemental claim lane  and the HLR....she maybe could file the Supplemental claim  but to dispute or appeal  the proposed reduction  the 21 -0958 IS THE FORM TO FILE  ... Remember using the HLR lane no new evidence can be presented  and the HRL claims are just a REVIEW BY A DRO to review the denied claim  and normally without new an relevant evidence  the claim will be denied again.

Although a veteran must be denied to file a NOD in this case the veteran wes denied on an increase claim.  and shot down by a RATER STATING ANOTHER CONDITION  which is not relevant to her PTSD Claim for increase.

[Buck52]

Ms Berta quoted in part

''I disagree with some of the advice that was  at  a different recent post-

No vet with SC  PTSD should stop taking their meds or stop seeing their VA Shrink''

Ms Berta where in the above post does someone state the above of what you mention here?

[Buck52]

I believe in a proposal to reduce a veterans benefits   They (VA) need to send the veteran the information as to what and how to dispute or refute the proposal letter,  and time and dates to do it.

And also give a good reason as to what prompt the Proposal.

They do have a limitation on filing the dispute/ refute  I think its 60 days from the time the veteran receives the proposal.

 if they fail to let the veteran know what all he/she can do and how to rebute the proposal  they breach the rules  of '' duty to assist.''

Use to back in the old days we could request a DRO Hearing at our respected R.O. and the DRO would send out a letter to the veteran letting the veteran know he has accepted his request to have His/her claim solved by a DRO-Hearing.

.And the DRO sends the Veteran a letter letting the veteran know when and Location  and the time and date of the hearing and how the hearing is conducted  and ask the Veteran to come early and get a near by  Motel and rest up the night before the hearing so to be ready and alert to present his/her case  although the VA will not pay for the Accommodations for the Motel room and the veteran can bring any representative,  Attorney  ,VSO  spouse  family member, friend ect,,ect,, to the  Hearing and any new evidence the Veteran has to help substantiate his/her claim. and rather or not the Veteran wants a formal or informal hearing and explain the difference of the two.

I don't think its like this anymore....due to the new claims process system.

 

Quote from Hill & Ponton Disability Attorneys.

''In the current system, when a veteran is dissatisfied with a decision and wants to preserve the date of the claim, he has only one route: file an NOD. Forgot to file a necessary document? File an NOD. Missing a piece of evidence? File an NOD. The VA made a mistake of law? File an NOD. This often means longer wait times and a more complicated path toward disability benefits.

 

Edited April 15, 2021 by Buck52 (see edit history)

[Former Member]

When I get time I will find the other post-it was recent.

Of course of a PTSD vet has private PTSD therapy records, that would prevent VA  from trying to reduce them.

We really cannot help this vet with the proposed reduction, until we can read the decision here.

On Christmas Eve 1988, my husband got a proposed reduction from his 30% SC PTSD to 10% PTSD.

I wrote a brief but scathing NOD, for him, using their own regulations they used, against them. In 1989 Am Vets called here to tell him the VA dropped the reduction idea.

He died with a 1151 claim and Higher rating claim for his 30% PTSD, pending and I became th claimant.

The 1151 was awarded and they took him ,posthumously ,up to 100% SC P & T for his PTSD.His newe PTSD EED was Nov 1991.

1988 a proposed  reduction to 10% PTSD then Nov 1991 100% P & T for PTSD.

That resulted from a battle I had with the VAMC, and resolved the PTSD part of his 1151 claim, all of which was awarded.

 

 

 

[Buck52]

Roger that Ms Berta

Not much more worse than getting a proposal letter to reduce our benefits on Christmas Eve...

but then again the VA has no Heart.

[Former Member]

https://community.hadit.com/topic/84113-disability-and-mental-health/#comment-505904

 

If you die and an autopsy reveals no VA meds in your system, or the medication profile in your VA record does not show that you get the prescribed meds by mail or in person,  your spouse might have a hard time getting DIC.

 

In my case a full autopsy and toxicology report was done on my husband because he was an Organ Donor.

 

It revealed the VA meds he had taken that AM ,

 

and all of them in that report,  were evidence for  part of my wrongful death award.

 

I don't have time to find the other post- it was recent and someone asking if they needed to continue therapy for PTSD.

 

Yes they do.

 

My opinion is based on working at a vet center ,being a VAMC volunteer, and decades of experience with PTSD veterans.

 

Edited April 15, 2021 by Berta (see edit history)

[Buck52]

I AGREE Ms Berta

I MAYBE WRONG HERE BUT

''QUOTE: You don't have to take the drugs.  Just accept them and then flush them.  You are trying to get extra compensation for a mental health condition as secondary to a physical injury''

 

This is bad advice for a Veteran  not to take his VA Prescribe medications  &  it seems to be a way of fraud in my opinion.

rather or not original s.c. condition or a condition to a secondary claimed condition.

Edited April 15, 2021 by Buck52 (see edit history)

[pacmanx1]

I agree with Ms. Berta and Buck, why do you think that the VA requires veterans to take blood test. It is not only to see if their kidneys and their liver are functioning correctly, but also to see if the veteran has the prescribed medications in their system.

Getting back to the OP (Original Post), I filed a claim for an increase and the VA increased my rating but screwed up my effective date. When I filed an NOD to correct my effective date the VA reduced my rating without a proposed reduction letter. The VA thought they could reduce my rating with a single C & P exam. The BVA made the local VARO restore my rating but the local VARO refused to correct my effective date, so my claim went back to the BVA and now I am waiting for my correct effective date, but VA has already corrected my rating percentage.

[flow1972]

I personally have never seen a VA Doc for my PTSD due to MST.  I do not trust their MH people anymore than the leadership that let me down while serving.  No thanks.  I had a private doc that diagnosed me, and I hadn't tried meds in many years as they did not help and only caused me more issues.  I found many years ago that running (i.e. regular exercise) helped me much more than any drug I was ever prescribed.  By the time I started to actually seek treatment, I'd learned on my own what my triggers are and how to best manage my day-to-day without meds.  My private doc assisted me with all of my paperwork for the VA.  Of course I had to go through a 3 hour C&P for them to "validate" what she had already diagnosed; but I was SC'd almost 2.5 years ago.  I continued to have sessions with my private doc for over a year.  We finally concluded that talking about it didn't make anything "better" for me.  I was only using her to learn to recognize better when I'd hit a trigger point and why specific things in my life did that.  I just needed some help to be more self-aware.  Since I'm only 30% SC'd...meaning I function normally in "most" situations...but can be triggered enough in some circumstances to cause myself issues in the workplace and within relationships.  She and I agreed that I could pick back up with her if I ran in to a particularly difficult spell...but continuous sessions weren't going to make me any better than I was when I started.  My point being, telling a Veteran they must continue to take meds that don't help or sit through sessions that actually make things worse because some idiot at the VA seems to have no understanding of "reality" when living with this condition is just adding more stress.  At some point you get to a place where...you're as good as you're personally going to get in dealing with this condition...and you just live.  I do not need to continuously sit and talk about it to check a box for the VA.  For the OP, I hope you got all of this worked out and fought them on the proposed reduction.

[pwrslm]

My wife has PTSD from MST. Went over 30 years before we figured out what was up, discovered info from a post right here on Hadit.com that led us to a 100% P&T award. 

The first issue is the BPD. You said you were seeing the MH folks at the VA, no? Request they do an evaluation on that issue. If, in fact, they do say you suffer from BPD, that would be a bump in the road. Next, the RO must demonstrate that the MST did NOT cause the BPD to get any worse...because aggravation of BPD would be service connected. Upon entry, if the BPD were NOT noted, you could claim that the MST aggravated and/or triggered it. The VA would be required to seek a medical opinion. . The absence of a diagnosis upon entry, the absence of mental health records prior to entering the service, compounded by the MST, would all lean in your favor.

MST would be hard not to have aggravated BPD if BPD was true, IMO. On the other hand, if the VA MH guy says you do NOT have BPD, then have them put that in your VA Medical Record and use it as new evidence for a supplemental claim. "IF" the RO did not have a medical opinion stating that BPD was the cause of your symptoms, then the RO made that opinion and it cannot stand, either way. The symptomology between BPD and MST/PTSD overlap, and if the symptoms and severity cannot be separated, the BPD automatically becomes a part and parcel of PTSD for rating purposes. (Borderline personality disorder is an illness marked by an ongoing pattern of varying moods, self-image, and behavior. These symptoms often result in impulsive actions and problems in relationships. People with borderline personality disorder may experience intense episodes of anger, depression, and anxiety that can last from a few hours to days)

The degree of affect by the PTSD may also be at issue. Taking med's, anxiety, panic attacks and stress disorders are all wrapped up in PTSD, and determine the degree of disability. Maintaining contact with your MH folks is an important step in maintaining the PTSD diagnosis. The VA will use the lack of treatment as an issue that your condition is not severe enough for a 70% rating. If you disconnected with the MH folks, it may be a good idea to reconnect.

Was there a medical opinion stating your condition improved? You need those records to plot an appeal if the RO did not summarize the information on his own. A VSO like PVD, DVA, or Legion can get the records for you if you use one, otherwise you will have to spend 3 months waiting for a FOIA request. Were you listed at 70% for more than 5 years? That would also impact this because the improvement would have to have persisted for more than just a few weeks or months.

[Mr.B]