ptsd Should I Post This As A Success Story? Advice Needed...

[NJ_Devil_Dog]

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. Shouldn't the rater have considered the lower GAF score as well? 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, I've had to withdraw because of attendance and an inability to finish assignments. The university has been incredibly helpful by allowing me to withdraw from classes after the drop date as well as refunding my tuition in both instances. 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 have sleep onset problems even when I take the meds, I'm always tired, never feel rested, nightmares, intrusive thoughts, anxiety attacks several times a week, I feel isolated from my colleagues at school, have no friends or any professional/social relations, and I have CRS (Can't Remember S***). When I don't take my meds I don't sleep at all! I'm currently attending school now, but there has been a considerable drop in my performance (I used to be a solid B student, but I'm hoping to be able to get through my last two semesters with just passing grades.... and hopefullly this drop in my GPA won't affect my chances for future employment in my field of study - I'm studying Aerospace Engineering and with such a highly technical field grades mean EVERYTHING!)

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

[john999]

Devil

An IMO is an Independent Medical Opinion. I think maybe file the NOD and ask for a De Novo Review at the same time.

[NJ_Devil_Dog]

Thanks Terry,

I did a little research before I went to file a CUE, the legal term I believe you are talking about Terry is 'constructive notice' and it was decided in '92 Brown v. Derwinski.

The jist of it is just as you said. The VA is considered to have constructive notice of all records in their posession, even if they are not physically present at the time of the decision. Constructive Notice only applies to records that are relevant to the claim, which in my case I believe they are. I wasn't diagnosed with PTSD until '92 by the VA. The fact that they only considered my SRMs ('87-'92) in which I had not been diagnosed was the VA basis for my denial. If they had observed constructive notice they would have seen that my VA outpatient records ('92-'95) contained a diagnosis as well as frequent treatment and prescription records for PTSD.

It took be about 15 minutes of head-butting with my SO to finally convince him of this, and the CUE was sent today.

Thanks everyone,

Gerald

[Angela]

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. Shouldn't the rater have considered the lower GAF score as well? 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, I've had to withdraw because of attendance and an inability to finish assignments. The university has been incredibly helpful by allowing me to withdraw from classes after the drop date as well as refunding my tuition in both instances. 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 have sleep onset problems even when I take the meds, I'm always tired, never feel rested, nightmares, intrusive thoughts, anxiety attacks several times a week, I feel isolated from my colleagues at school, have no friends or any professional/social relations, and I have CRS (Can't Remember S***). When I don't take my meds I don't sleep at all! I'm currently attending school now, but there has been a considerable drop in my performance (I used to be a solid B student, but I'm hoping to be able to get through my last two semesters with just passing grades.... and hopefullly this drop in my GPA won't affect my chances for future employment in my field of study - I'm studying Aerospace Engineering and with such a highly technical field grades mean EVERYTHING!)

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,

If the previous RO did not acknowledge the VA records in the original decision you should have CUE. You have to be very specific when you file however and include specifically what laws/rules/regs were violated by not reviewing those records for the prior decision. If you simply state that they failed to review all records in VA's possession at the time, you will lose! I've been reading the BVA and CVA decisions on CUEs for just the past couple of weeks but time and time again they use this as a way to delay/deny the veteran's award. You should also before starting your CUE. The web site is http://www.index.va.gov/search/va/bva.html .

Good luck.

Angela