ptsd When Two Disabilities Are Combined Into One Rating?

[RockyA1911]

OK,

The VA combined my PTSD with my already 10% for Brain Trauma,Post Concussion Residuals, Left Temporal Lobe, chronic and then added WITH PTSD to it for a combined rating of 50% based on the higher evaluation of the 50% for PTSD.

Since I am now at 70% combined rating, does the 50% for PCS/PTSD count as one of the disabilities being 40% or better with a total of a combined rating meeting the 70% threshold?

This is what I have right now (Keep in mind the skull loss is in error and NOD submitted, as it should be 50% by itself instead of the errorneous rating of 30%). (Should be total of 80% combined rating).

PCS/PTSD - 50%

Skull Loss - 30%

Tinnitus - 10%

Scar - 10%

Since the reg states if there are more than one disability, there must be one rated at least 40% with the other disabilities combined to bring the total combined rating of 70%. I'm wondering if they will split the PCS/PTSD stating that it is not ONE disability with at least 40% since there are two combined into the 50%?

[mobie16r]

Total disability ratings for compensation

may be assigned, where the

schedular rating is less than total,

when the disabled person is, in the

judgment of the rating agency, unable

to secure or follow a substantially

gainful occupation as a result of service-

connected disabilities: Provided

That, if there is only one such disability,

this disability shall be ratable

at 60 percent or more, and that, if there

are two or more disabilities, there shall

be at least one disability ratable at 40

percent or more, and sufficient additional

disability to bring the combined

rating to 70 percent or more. For the

above purpose of one 60 percent disability,

or one 40 percent disability in

combination, the following will be considered

as one disability: (1) Disabilities

of one or both upper extremities,

or of one or both lower extremities, including

the bilateral factor, if applicable,

(2) disabilities resulting from common

etiology or a single accident, (3)

disabilities affecting a single body system,

Rocky i hope this helps

mobie

[RockyA1911]

Thanks,

But that doesn't answer my question. My question was does the "Brain Trauma Residuals, Left Temporal Lobe, Chronic WITH PTSD" rated at 50% count as the "One disability ratable at 40% percent or more?"

if there

are two or more disabilities, there shall

be at least one disability ratable at 40

percent or more, and sufficient additional

disability to bring the combined

rating to 70 percent or more.

I had a previous rating of 10% for the TBI residuals since 1976. The PTSD was evaluated at 50%. The VA says you can't have more than one mental disorder, so they combined the two into one rating and came up with 50%.

So, since there are TWO disabilities COMBINED into one rating, would it count as JUST ONE, because they say DISABILITY rated at 40% or more not combined disability. I guess if they zeroed in on one at this stage, they would still have to take the higher of the two evaluations for mental disorders which would be the current 50% for PTSD? Am I correct?

[RockyA1911]

From what you provided, I don't see any ONE disability rated at 40% or more. Yours are entirely separate ratings, then combined for a total combined rating. My head for example is considered ONE etiology, because one of the disabilities previously rated at 10% for post concussion residuals and PTSD rated at 50%. They consider both to be mental disorders even though the TBI was a physical injury resulting in physical post traumatic encephalopathy due to TBI. They combined those TWO disabilities into ONE rating for a single disability total of 50% for the TBI residuals WITH PTSD. My total combined rating of all disabilities is currently 70%.

I can't see where there is any combined disabilities in any of the evalauations you've listed. What you have listed is 64.7 something rounded down to a total combined rating of 60% with the highest disability being 30%.

So far you have not met any of the two requirements for TDIU, one single disability, or if more than one disability of 40% or more with additional disabilities bringing it up to a total combined rating of 70%.

[john999]

Rocky

I think the VA is treating all you head problems as one injury rated at 50% from the way you represent it. I think you have enough now for IU. Just from the way the rating presented your head injury and PTSD it sounds like one individual rating made up of several disabilites. With 50% for PTSD alone you have enough combined to make 70% to get IU. I think you are on your way.

[Speaking Out]

Here are my facts. I am 50% PTSD and 10% endometriosis with an increase pending. I am settling a tort claim for medical malpractice against the VA, waiting on paperwork, but the deal has been made. I havent' been able to work since the malpractice due to my PTSD. Am I eligible for IU? I did not file 1151 benefits.

[john999]

Speaking Out

I believe you are entitled to IU based on a combined rating of 60% with one condition rated at 50%. If the SC conditions are the sole cause for your being unemployable then you should file for it.