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Is This A Success Story? Need Some Advice...

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NJ_Devil_Dog

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I just received my rating for SC PTSD, they rated me 30%, stating that I had a GAF score of 50, with 55-60 assigned for the last twelve months. I've only recently started seeing a VA psychologist in the past five months and I obtained a copy of my first progress note from our first session and he rated me with a GAF of 41. During my next appointment with him he told me that he gave me the GAF of 41 because he was worried that if he had rated me any lower his supervisor would've questioned him why I wasn't admitted for care at the facility.

I am a full time student, however in the past year since returning from Afghanistan I have not been able to complete not even one semester at school. To make a long story short, I believe that I meet the qualifications for a higher rating. My question is: How typical is it for the VA raters to 'low-ball' awards decisions?

Here's the second part of my story. I am a 're-tread', having served in the Marine Corps from '87-'92, and then reenlisting in 2001 with the National Guard. I was awarded the CAR during the Gulf War, and had already been denied my original claim from '95. The claims award I just received was from that re-opened claim for which I had to submit new and material evidence.

In my original denial letter dated May 03, 1995, the evidence they reviewed making the original decision was only my SMRs and they stated that I failed to report for a C&P exam (which I clearly remember reporting for!) However in the recent decision the evidence they reviewed included my recent C&P exam, my stressor letter, current treatment records, my DD214 & 215, and 'mysteriously' my VA treatment records for the time period between July '92-June '96!!!!!

I realize that I was pretty naive back then, after I had seperated from active duty, but I was diagnosed with PTSD well within a year of my release date (more like less than 6 months of my release date!) I guess that my original denial in '95 more or less gave me a false reassurance that there was nothing wrong with me, in retrospect I know better. I've never held a job for longer than 18 months, I bounced around from at least ten jobs in the eight years following my seperation from the Marines and I've even been fired from three of those jobs for incidents that could be directly related to my PTSD/stress!

I'm doing a little bit better now, but I can tell when I miss taking my medication, even if it's only one day! I feel like the 30% rating is an insult!!!! I intend to file an NOD to have it adjusted, I also intend to file a CUE for the original denial! I would appreciate anyones input on how I should proceed... should I file for the increase first? The CUE first? Or can I do them at the same time? Also, could my PTSD diagnosis in '92 constitute an informal claim? What or where can I find any information about that?

I appreciate the time you've all spent reading this rather lengthly post, and I especially appreciate any information you can offer me.

Thank you all,

Gerald

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  • HadIt.com Elder

Gerald:

Welcome to Hadit and it is fairly common for VA to low ball initial claim. You should appeal the rating and from your description provide evidence to VARO that you are unable to complete your School requirements.

You might also consider applying for Social Security your diagnosis and GAF and school experience would warrant it.

Good Luck

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I just received my rating for SC PTSD, they rated me 30%, stating that I had a GAF score of 50, with 55-60 assigned for the last twelve months. I've only recently started seeing a VA psychologist in the past five months and I obtained a copy of my first progress note from our first session and he rated me with a GAF of 41. During my next appointment with him he told me that he gave me the GAF of 41 because he was worried that if he had rated me any lower his supervisor would've questioned him why I wasn't admitted for care at the facility.

I am a full time student, however in the past year since returning from Afghanistan I have not been able to complete not even one semester at school. To make a long story short, I believe that I meet the qualifications for a higher rating. My question is: How typical is it for the VA raters to 'low-ball' awards decisions?

Here's the second part of my story. I am a 're-tread', having served in the Marine Corps from '87-'92, and then reenlisting in 2001 with the National Guard. I was awarded the CAR during the Gulf War, and had already been denied my original claim from '95. The claims award I just received was from that re-opened claim for which I had to submit new and material evidence.

In my original denial letter dated May 03, 1995, the evidence they reviewed making the original decision was only my SMRs and they stated that I failed to report for a C&P exam (which I clearly remember reporting for!) However in the recent decision the evidence they reviewed included my recent C&P exam, my stressor letter, current treatment records, my DD214 & 215, and 'mysteriously' my VA treatment records for the time period between July '92-June '96!!!!!

I realize that I was pretty naive back then, after I had seperated from active duty, but I was diagnosed with PTSD well within a year of my release date (more like less than 6 months of my release date!) I guess that my original denial in '95 more or less gave me a false reassurance that there was nothing wrong with me, in retrospect I know better. I've never held a job for longer than 18 months, I bounced around from at least ten jobs in the eight years following my seperation from the Marines and I've even been fired from three of those jobs for incidents that could be directly related to my PTSD/stress!

I'm doing a little bit better now, but I can tell when I miss taking my medication, even if it's only one day! I feel like the 30% rating is an insult!!!! I intend to file an NOD to have it adjusted, I also intend to file a CUE for the original denial! I would appreciate anyones input on how I should proceed... should I file for the increase first? The CUE first? Or can I do them at the same time? Also, could my PTSD diagnosis in '92 constitute an informal claim? What or where can I find any information about that?

I appreciate the time you've all spent reading this rather lengthly post, and I especially appreciate any information you can offer me.

Thank you all,

Gerald

Gerald -Thank you for your Service!!!!!

If you copy and paste this into Claim Research forum you will get more feedback-

A re-tread huh- impressive- my husband was a retread too. USMC and Navy.

The 1995 claim- if denied and never appealed -you sure are correct to file a CUE-

There is no time limit on a CUE-just make sure it is sent in separate from any other claims or evidence for the PTSD claim.I have some CUE info in my blog at hadit.

On the award you just got-

I would sure file the NOD and make sure they consider the lower Gaf award.

Also I would send them a TDIU form-with the NOD- tell them you have enclosed it and want them to consider you for TDIU. If anyone tells you your rating is too low for TDIU consideration- they are wrong- I will attach it- VA form 21-8940.

On Question # 18 check yes and then apply for SSA -

Under Remarks # 25 ( if you add more pages state that you have attached additional information in the Remarks block and make sure your name, address, and c file number is on whatever you send)-

tell the VA of the side affects of all your meds that render you unable to work,

and then tell them of your school problems.

(is this voc rehab or you are going under the GI bill?)

School problems and employment problems are quite indicative of PTSD at a higher rating then 30%.

The 1992 PTSD diagnosis-did you file a 21-526 at that time?or even a short letter to VA about this?

I see you have a DD 215- good for you because it shows me that you caught an error on your DD 214 and they fixed it.

here is the TDIU form- Total Disability due to unemployability-$2,200 a month? something like that-someone will check the rate chart.

TDIU_form.pdf

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Thank you Berta and Pete,

I have re-posted this topic in research so hopefully I'll get a few more responses.

I do have my transcripts as well as the withdrawal forms from school, so hopefully they will suffice as evidence of my difficulties at school.

This past summer I was summoned to the Dean of Students office to discuss some (threatening) emails that I had sent to my shop supervisor from the National Guard... I'm not proud of what I did, but at the time I wasn't in the right frame of mind. She was extremely instrumental in exacerbating my PTSD condition while I was in Afghanistan.... harrassing me and threatening me with UCMJ action for my 'attitude' (I was being treated for PTSD in Afghanistan and she was aware of my condition) After we returned to CONUS I simply never returned to drill (extreme avoidance symptoms). I was listed as AWOL, but because of my prior service there really isn't much they could do. I never reenlisted for that type of BS - the harassment and bulllying and realized that the National Guard wasn't going to do anything to stop it, so I just never returned. I was also concerned about what I might do if I had to confront my supervisor again (I was having some serious homicidal ideation concerning her). I'm not too proud not honoring my obligations, but I have been extremely ill and even the thought of returning to drill would give me panic attacks.

Should I try to document any of these incidents, as well as my avoidance of returning to duty and submit them with an NOD?

Also, now that I am SC PTSD, how would I go about having my type discharge from the NG changed to a medical discharge?

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  • 7 months later...
Should I try to document any of these incidents, as well as my avoidance of returning to duty and submit them with an NOD?

I' can't help you much, but when you go though life and problems occur where their may be problems as a result later on, always document phone calls, dates, conversations, received correspondence, etc. This could mean winning or losing. If up to this time you haven't done that, start now the best you can, by writing down and recalling the past.

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I just received my rating for SC PTSD, they rated me 30%, stating that I had a GAF score of 50, with 55-60 assigned for the last twelve months. I've only recently started seeing a VA psychologist in the past five months and I obtained a copy of my first progress note from our first session and he rated me with a GAF of 41. During my next appointment with him he told me that he gave me the GAF of 41 because he was worried that if he had rated me any lower his supervisor would've questioned him why I wasn't admitted for care at the facility.

I am a full time student, however in the past year since returning from Afghanistan I have not been able to complete not even one semester at school. To make a long story short, I believe that I meet the qualifications for a higher rating. My question is: How typical is it for the VA raters to 'low-ball' awards decisions?

Here's the second part of my story. I am a 're-tread', having served in the Marine Corps from '87-'92, and then reenlisting in 2001 with the National Guard. I was awarded the CAR during the Gulf War, and had already been denied my original claim from '95. The claims award I just received was from that re-opened claim for which I had to submit new and material evidence.

In my original denial letter dated May 03, 1995, the evidence they reviewed making the original decision was only my SMRs and they stated that I failed to report for a C&P exam (which I clearly remember reporting for!) However in the recent decision the evidence they reviewed included my recent C&P exam, my stressor letter, current treatment records, my DD214 & 215, and 'mysteriously' my VA treatment records for the time period between July '92-June '96!!!!!

I realize that I was pretty naive back then, after I had seperated from active duty, but I was diagnosed with PTSD well within a year of my release date (more like less than 6 months of my release date!) I guess that my original denial in '95 more or less gave me a false reassurance that there was nothing wrong with me, in retrospect I know better. I've never held a job for longer than 18 months, I bounced around from at least ten jobs in the eight years following my seperation from the Marines and I've even been fired from three of those jobs for incidents that could be directly related to my PTSD/stress!

I'm doing a little bit better now, but I can tell when I miss taking my medication, even if it's only one day! I feel like the 30% rating is an insult!!!! I intend to file an NOD to have it adjusted, I also intend to file a CUE for the original denial! I would appreciate anyones input on how I should proceed... should I file for the increase first? The CUE first? Or can I do them at the same time? Also, could my PTSD diagnosis in '92 constitute an informal claim? What or where can I find any information about that?

I appreciate the time you've all spent reading this rather lengthly post, and I especially appreciate any information you can offer me.

Thank you all,

Gerald

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