How To Rate Non-service ?

[Winvet234]

Winvet234 <script type=text/javascript> ipsmenu.register( "post-member-2359", '', 'popmenubutton-new', 'popmenubutton-new-out' ); How to rate non-service?, Today, 12:19 PM

I'm doing all this for my husband and haven't got a lot of help from his DAV rep. My husband is paranoid schzophrenic and suffers with severe tinnitis. He receives 10% for the tinnitis, but have not been able to locate records about treatment for mental problems while in service. As the tinnitis worsened, his mental state went completely downhill. He has been thru the hearing with the BVA and was approved. But when he got the letter in Aug. of last year, they decided in Oct. of last year to reexamine his mental state. Despite many letter letters from psychytrist and hospitalized twice at VA, and testimony thru the hearings, they came back this month with a 10% rating for the mental condition aggravating the tinnitis.

However, the GAF rating by the examiner in Oct last year gave him a 40 rating in functioning. Then they said he was totally unable to work and would be this way even if there was no tinnitis. So it's like saying regardless if you didn't have tinnitis,you are still unable to work and contends that the rating of 10% effect was warranted and that they were liberal in giving the rating.

They are proposing that he be unable to handle his affairs and needs to be declared imcompetent. They want him to decide who would he want to handle his affairs. Which I have for the last 40 years. But my question is this: how can you declare someone incompetent and rate him with 10% for the mental Disability.?

It's like they ignored what his psychrist letters say and other doctors. How would the 40 Gaf rating chive with 10%? He does receive 10% for tinnitis and 10% skin problems.

In my research of the 38 CFR, I used 4.130, 4.126. and (3.3l0 for non-service condition that aggravates his service connected illness). When I go to the 4.130, it shows 100%, 70%, 60% and 30%. when I look at the symptoms, he has all but very few. What do they use to rate with? I know there's another complicated one to come up with a combined one, but I fail to see how this would apply. Sorry to be so long winded, but need some help in understanding how they rate. I have gotten very little help from DAV, First the first rep. that we had went somewhere else, and the one who we can't get our calls returned back. It's frustrating and he has been unemployed for 10 years.He left civil service because of functions being eliminated in his company.He fits totally the symptoms for the mental illness, but he tried very hard to not show it in the army and when he worked in civil service. He mostly stayed to himself, done his job, had no friends, is a loner.But the real stressors really affects him.Is it worth trying to fight this anymore? His claim is now going on 6 years. They make you feel when they interview you that things are looking good and they will do all they can when they examine you, but then when it come back, it was a surprise. The first DAV rep. said he couldn't see why they couldn't rate him any less than 100% disability. When we first started out, I was handling it all and then and was using the mental illness claim as service connected, but the DAV rep. said it was best to do the claim as non-service connected with aggravating circumstances to the already service connected tinnitis.

Anyway. Anybody out there had simlar problems? Would appreciate any ideas if we should fight this thing or what. My husband gave the service 9 years. 1 in Vietnam and 1 in Korea. During those days you didn't dare admit that you had a mental problem. But as his wife of 40 years, I know him his long history. I picked up on right after he returned from Nam. Any suggestions are appreciated. There are some great educational issues on this site. Thank God. will accept emails.maylincar23@yahoo.com

[Vike17]

Winvet234,

I'm goingto try and make some sense of your husbands situation, so bear with me.

Apparently your husband has service-connected ratings of 10% mental disorder, 10% skin condition, and 10% tinnitus, which combine to 27% rounded to 30%, is this correct?

From what you posted, it appears the BVA awarded service-connection for your husband's mental disaorder as secondary to his tinnitus at 10%, as they were unable to award direct service-connection because of lack of medical evidence of a mental condition while in the service, is this correct?

As far as the 10% rating for his mental disorder and having a GAF score of 40, and the VA saying he is unable to work and is incompetent just doesn't add up. The GAF score is actually a non factor in the actual rating, it is just a tool to see where that particular person is on any given day. Does your husband receive Social Security Disability? If so, does the VA know this? This whole senario just doesn't make any sense as you presented it.

You posted that this has been to the BVA, so that means there have been numerous people that have looked at this claim. Things just don't add up. If you could post the BVA decisions docket number. I can take a look at it on the VA's website. Then I'll be able to get a better picture of what has transpired and to try and explain what and why things have been decided the way they were. I might even be able to tell you if there has been any errors in their decision and then be able to direct you in the right direction.

Vike 17

[Berta]

Could it be the VA is saying he has NSC schizophrenia rated as aggravated by the tinnitus-only to degree of 10% -yet his schizophrenia -other than the secondary rating -is still NSC?

"Then they said he was totally unable to work and would be this way even if there was no tinnitis. So it's like saying regardless if you didn't have tinnitis,you are still unable to work and contends that the rating of 10% effect was warranted and that they were liberal in giving the rating."

Because they are saying the mental disorder is NSC-and remains NSC- that is my take on it-

'It's like they ignored what his psychrist letters say and other doctors"

Does he have mental health issues or treatment for anything at all like that in his SMRs? How about his service personnel records- any bad paper stuff like discipline problems that could have been symptomatic of the Schizophrenia?

Did the doctors make any statements as to a potential service nexus for

his schizophrenia?

If the SC tinnitus was the sole etiology or cause of his schizophrenia and he cannot work due to it-then I think he should have higher rating for the schizophrenia.

They seem to have rated an affect of SC to NSC condition.

Does the tinnitus make any audial hallucinations worse then they are?

VA says the affect is only 10%- medical evidence might well show more then that-were these private IMos?

Would they be willing to write updated IMOs?

But better yet- is there any way at all he can find a nexus or link to his service-that would show his schizophrenia is due to service as well as SC tinnitus?

[saltydawg]

maybe he should claim PTSD.

[Vike17]

Saltydawg,

Claiming PTSD actually wouldn't do anything, he's already rated for a mental disorder and they are all rated by the same criteria. Actually if he claimed PTSD, then he would have to prove an in-service stressor, have shrink diagnose him with PTSD which would probably come into conflict with his current menatl diagnosis, and then he would need a shrink to make the connection beteewn the inservice stressor and a PTSD diagnosis.

Vike 17

[Pete53]

I am sorry that your husband suffers from the Paranoid Schizophrenia> From my understanding the fact he served 9 years should make it rather easy for a decent Doc to link it to his Service Years.

What you need is a Doctors Opinion that would say he has the illness, it has caused him problems since his service and that it started during Service or was aggravated by service. It is unlikely the Military would have accepted him with the symptoms.

Good Luck

[Winvet234]

Winvet234,

I'm goingto try and make some sense of your husbands situation, so bear with me.

Apparently your husband has service-connected ratings of 10% mental disorder, 10% skin condition, and 10% tinnitus, which combine to 27% rounded to 30%, is this correct? Yes that's correct.

From what you posted, it appears the BVA awarded service-connection for your husband's mental disaorder as secondary to his tinnitus at 10%, as they were unable to award direct service-connection because of lack of medical evidence of a mental condition while in the service, is this correct? Yes you are correct.

As far as the 10% rating for his mental disorder and having a GAF score of 40, and the VA saying he is unable to work and is incompetent just doesn't add up. The GAF score is actually a non factor in the actual rating, it is just a tool to see where that particular person is on any given day. Does your husband receive Social Security Disability? If so, does the VA know this? This whole senario just doesn't make any sense as you presented it. Answer:No, he never tried for SS disability. Because he had the claim with the VA still going.

You posted that this has been to the BVA, so that means there have been numerous people that have looked at this claim. Things just don't add up. If you could post the BVA decisions docket number. I can take a look at it on the VA's website. Then I'll be able to get a better picture of what has transpired and to try and explain what and why things have been decided the way they were. I might even be able to tell you if there has been any errors in their decision and then be able to direct you in the right direction. Answer: 28735034

Vike 17

Vike: thanks for responding. I inserted answers to your questions in the body of your message. Thanks a lot.

After complaining about the DAV being slow about call me back, I finally spoke with one of the reps. and indicated that they wanted me to send a form re. dependents. don't have it in front of me. He says that they want to get the ball rolling about starting his compensation for back pay. This goes back to 2001. When I mentioned the GAF rating not making sense, he said he hadn't seen it, but was going to be discussing this further. Appreciate any advice you can offer. Winvet234