Loss of Use

[carlos_v]

Hi, my husband’s health has poorly deteriorated and has been diagnosed with Functional Neurological Disorder. The doctors say he developed this because of his PTSD. He had severe PTSD and was an alcoholic. He attempted to kill himself many times before. He finally stopped drinking after therapy after many years but since December has developed this disorder. The PTSD was service connected back in 2011 at 70%. He is now experiencing loss of use of both lower extremities, Lou of right arm, he cannot see out of right eye and cannot hold bowel or urine. How should I go forward with his claim? Can someone give me some advise please. Thank you so much for any input because I’m kind of loss.

[brokensoldier244th]

If his doctors already established the causality (the PTSD) then you just have to file a claim for secondary connection to the PTSD. Loss of use is only a fixed payment of approximately 110.00 a month. You'd probably be better served by filing both for loss of use AND secondary service connection so that it is considered both on its own and under loss of use- the potential for a higher rating from that is considerably better since VA has to take the higher of the two.

[carlos_v]

59 minutes ago, brokensoldier244th said:

If his doctors already established the causality (the PTSD) then you just have to file a claim for secondary connection to the PTSD. Loss of use is only a fixed payment of approximately 110.00 a month. You'd probably be better served by filing both for loss of use AND secondary service connection so that it is considered both on its own and under loss of use- the potential for a higher rating from that is considerably better since VA has to take the higher of the two.

Should I attempt to increase to 100% for PTSD as well?

[brokensoldier244th]

Is it worse? You are asking about two different things- the neurological symptoms and the PTSD. At the end of it, you can claim whatever you want. Just make sure that you have some support in your medical stuff behind it. You can see the criteria for 100% PTSD in CFR38 Book C. Compare that to his symptoms through the lens of 'his worst days" and see how it lines up with the criteria for 100% PTSD. https://www.ecfr.gov/current/title-38/chapter-I/part-4#4.130  Scroll down a bit and you'll see the table. 

 

[carlos_v]

4 hours ago, brokensoldier244th said:

Is it worse? You are asking about two different things- the neurological symptoms and the PTSD. At the end of it, you can claim whatever you want. Just make sure that you have some support in your medical stuff behind it. You can see the criteria for 100% PTSD in CFR38 Book C. Compare that to his symptoms through the lens of 'his worst days" and see how it lines up with the criteria for 100% PTSD. https://www.ecfr.gov/current/title-38/chapter-I/part-4#4.130  Scroll down a bit and you'll see the table. 

 

Thank you for responding and giving me advise. Yes his PTSD has gotten worse and I read the table and he does qualify for 100%. The thing is that I didn’t know how to do this claims and now I’m getting advise from his friends that served with him and I’m getting in  forums like this reaching out. One of his friend just told me to check and see if functional neurological disorder is not in the same mental health category as PTSD because it would be pyramiding. 

[Dustoff1970]

Additionally and In this case it may also be very helpful to you if you can find a payed professional VSO (DAV, VFW, American Legion, etc)  representative to assist you.  They are located at VA Regional offices and sometimes at VA hospitals and Outpatient Clinics.  If you can in person or on the phone try to find one that is motivated and interested in your claims by taking the time to discuss details with you, etc.  Not all are motivated or bright.  You do not have to be member of their service and there is no charge to you.

This comment is not legal advice as I am not a lawyer, paralegal or VSO officer.  

Edited March 27, 2022 by Dustoff 11

[brokensoldier244th]

1 hour ago, carlos_v said:

Thank you for responding and giving me advise. Yes his PTSD has gotten worse and I read the table and he does qualify for 100%. The thing is that I didn’t know how to do this claims and now I’m getting advise from his friends that served with him and I’m getting in  forums like this reaching out. One of his friend just told me to check and see if functional neurological disorder is not in the same mental health category as PTSD because it would be pyramiding. 

They have their own section, yes, but some of them overlap with PTSD and other things so it depends on what is causing the neurologic deficiency. You can claim it is secondary to PTSD but id talk to your doctor and see if they can't at least definitively tell you if its its own thing or caused in some way by his PTSD. If it is, then it wouldn't get rated as its own thing under neurologic disorders, but secondary to his PTSD.