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Surprise 70% Ptsd Rating; Now What Can I Do.............?!

ptsd nod 100%

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18 replies to this topic

#1 PvtJoyI

 
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Posted 13 March 2013 - 04:53 PM

I hope you can help me; not sure what I should do.
 
I was rated Service Connected Disable for PTSD on August 21, 2012 @ 70%. I didn't expect this at all. If anything, I thought I would get a low rating for my physical aliments............(neck, back head shoulder).
 
When I applied in 11/2011, I had been out of work for 3 yrs and was totally distraught,confused and disoriented. Needless to say, I finally got a job in 02/12 and it is no where near what I use to do or the money I use to make.
 
I'd like to know what your advice would be for this:
 
I see where I do have serious social and economic problems and believe I am totally diasable & want to ask for 100% PTSD, Permanent and Total. I'm still on this job that wrecks my nerves, can't stop the obsessive thoughts and wants to hurt people because I don't work well with people at all. I took this week off because I couldn't pull up the gumption to go back in there after the week, mentally.
 
What should I do; appeal my rating 1st and then apply for TDIU while working or do I go ahead and let the job go in order to apply for TDUI and then appeal the VA's decision?
 
Thanks in advance.

 



#2 jbasser

 
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Posted 13 March 2013 - 06:21 PM

The reason you didnt get 100 percent or IU was the fact you we were working.

100 percent PTSD precludes working.

 

Dont quit to get IU just yet. That may backfire.

 

J



#3 meghp0405

 
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Posted 13 March 2013 - 06:44 PM

Big factor on why you didn't receive 100% for PTSD as JBASSER had stated, your working. You can request a re-evaluation, but based on what you said above, I believe your 70% would be lowered. You stated you been out of work for awhile. Since that evaluation, you have secured employment.

I just hope that you are receiving the counseling that you are entitled to.

Good luck!



#4 Philip Rogers

 
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Posted 14 March 2013 - 05:01 AM

What did they say about TDIU??  With a 70% rating they should have considered it, automatically.  Can you post their "reasons and bases" for there decision??

 

pr



#5 Berta

 
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Posted 14 March 2013 - 07:52 AM

“I finally got a job in 02/12 and it is no where near what I use to do or the money I use to make. “

 

Do you make wages below the poverty level and therefore are not substantially employed?

 

This post shows what I mean

 

http://www.hadit.com...nemployability/

 

“. If anything, I thought I would get a low rating for my physical aliments............(neck, back head shoulder). “

 

Did they defer these issues or mention them at all in the decision?

 

Do you have a strong service nexus for any of these issues in your SMRs?

 

What is the prime disability of the neck,back ,head, shoulders and what are you claiming as secondary?

 

Or are they distinctly separate disabilities?

 

Reason I ask is that this stuf has to be carefully clarified for the VA in the claim.


Edited by Berta, 14 March 2013 - 07:52 AM.


#6 PvtJoyI

 
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Posted 14 March 2013 - 11:12 AM

Thanks for the input.

 

 

Here's my break down:

 

SC for PTSD @ 70 %

 

Service Connection for PTSD and Opid abuse(claimed as chronic depression, annxiety, panic attacks and sleep disorder.

 

We have assigned a 70% evaluation for your PTSD and Opid abuse based on: Speech intermittently illogical & irrevelent; The examiner's assessment of your current mental functioning, which is partially reflected in your GAF score;

 

Your GAF score is 60. No mention of UI.

 

"A higher evaluation of 100%is not warranted unles there is total occupational and socail impairment, due to symptoms as:Gross impairment in thought processes or communication;Persistent delusions or hallucinations;Grossly inappropriate behavior;Persistent danger of hurting self or others;Intermittent inability to perform activities of daily living;Disorientation to time or place, memory loss for names of close relatives, own occupation, or own name.

 

 

SC for Right Shoulder Tendonitis @10%

 

SC for Cervical Spine Degenerative Changes @10%

"A higher evaluation of 20% is not warranted unless there is foward flexion of the cervical spine greater than 15 degrees".

 

SC for Lumbar Spine Strain @10%

"A higher evaluation of 20% is not warranted unless there is foward flexion of the thoracolumbar spine greater than 30 degrees".

 

I am going to mental health. I'm getting some sleep but haven't started talking about my issues:gang raped @ induction site, married for security and that turned out abusive, can't have kids behind STD from rape, never completeing any goal I set, always failing, haunted by service to my country, some delusion and definie memory loss; no relationship in over 10 yrs including no sexual activity; rarely deal with people.

 

 

I just went to a VSO and he said that I don't need to appeal the decision because they gave me a rating. If anything, submit medical evidence to support a request in increase of %'s.; don't file for UI unless I'm not working; should I quit the job, but sure to stay that it was due to complication of my PTSD; Don't go for an appeal because it takes 5 yrs for a decision.

 

What else can I say................................I'm really torn and confused and don't know what to do.

 

All Input Welcomed and Thanks!



#7 2E151

 
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Posted 15 March 2013 - 07:13 AM

I'm still on this job that wrecks my nerves,

 

You are not alone, I promise you.



#8 eddingtons

 
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Posted 14 May 2013 - 12:32 PM

Understand that with PTSD.. getting a job was never the problem.. Keeping the job was..

 

Not sure what your relationship is with family but it helped my case to have my wife write a letter showing how my mental illness effected all parts of my life such as not able to care for our children when depressed because I can not care for myself.

 

The VA acknowledge that she was not a medical expert but did contribute as a witness to my state of mind. She wrote a letter describing me as my condition on the worst day possible.

 

Too often we want to appear strong and able even though it can hurt us. It helps to have someone work with you who knows you on the best of days and the worst of days who can describe it in detail.



#9 carlie

 
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Posted 14 May 2013 - 08:42 PM

 

I just went to a VSO and he said that I don't need to appeal the decision because they gave me a rating. If anything, submit medical evidence to support a request in increase of %'s.; don't file for UI unless I'm not working; should I quit the job, but sure to stay that it was due to complication of my PTSD; Don't go for an appeal because it takes 5 yrs for a decision.

 

What else can I say................................I'm really torn and confused and don't know what to do.

 

All Input Welcomed and Thanks!

 

I agree with the VSO.

JMHO



#10 broncovet

 
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Posted 15 May 2013 - 05:00 AM

I disagree with the VSO.  If you dispute the rating%, then file a NOD.  Simply asking for an increase without a NOD, could result in an increase, but at a later effective date.  Whenever you can, preserve your effective date, assuming you feel that you are entitled to 100% at an earlier date.  Your effective date determines your retro.  You know much more about your work/medical history than we do, and you know more about it than your VSO.  

 

If your employment is "marginal" then you still qualify for IU.  Marginal employment means you earn under the poverty level in a 12 month period.  The poverty level is about 10k per year.  So, if you have earned under 10k in the past 12 months, you can apply for IU.  IU means you are unable to maintain substantial gainful employment, and marginal employment does not count.  



#11 Testvet

 
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Posted 15 May 2013 - 09:46 PM

does  your primary care or shrink support your stopping work?  without their support  your claim is  not going to go very far, you need the medcial evidence and medical support yo get  the rater to support it, and frankly  I have to say you are the first person I have even seen get 70%  with a GAF score of 60   we all know  GAF scores are a snapshot and they can vary from hour to hour  but in a C&P exam  that appears to be high for a rating of 70.

 

the NOD can or BVA appeal can take  a year to 4 or 5 years  right now     there is nothing easy about it   if you have a spouse and kids  are they covered by health insurance where you work now, if you quit what are they going to do for health care until your appeal is granted  if it is granted?    It's your choice  but  it can get a better award or it can make things worse  there are no guarantees



#12 PvtJoyI

 
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Posted 16 May 2013 - 06:29 PM

Thank you for all the feed back.

 

Here's the latest update. Meds have been a big help with dealing with the job, although I still want to leave it. Got my C-file from regional office. Un          be       lieve  able~!~!~

 

Physical aliments are still painful and one of the Dr's on my primary care team told me to talk to my psych for an adjustment in my meds, as if the pain is all in my mind.

 

The medical records clearly reference sick call for back, knees, stomach and others area determined, "No evidence of".

 

I have until the end of June to submit my NOD. I would appreciate all input again on the best way to write the notice. I know that I will be submitting new medical evidence.....oh by the way. I forgot to mention that I requested my SMR from St.Louis and they sent me 2 pages!(unreal) my VA file has all the information I need to substantiate the claims that weren't given service connection.

 

So I plan on taking each section denied and will add each medical reference to denied claim so that the DRO reading it, won't have to figure it out; it will be laid out in such a manner that even Forrest Gump would say, "this is Service Connected".

 

One more question; can I request a 2nd C&P because I did what the examiner said to do and she said I had full ROM but did not annotate the pain it inflected.

 

Oh; one more thought, reading my personnel file, I can see why they easily rated me @ 70% because I was a documented threat to my self and others on too many occasions...................it hurt to read & remember some of the instances.

 

Well, thanks for reading this and I look forward to any and all information, suggestions and personal experiences.

 

PS Does anyone have experience with a "Fully Developed Claim". I need to submitted another claim for items listed in my SMR that I can ask for SC because they are problematic. I don't trust my VSR because once she found out I got my retro, she said, "I'm looking for a very nice card from you", implying that she wants a monetary gift. That turned my stomach............



#13 Philip Rogers

 
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Posted 17 May 2013 - 04:14 AM

Whatever organization your VSO works for would receive a serious letter of complaint, if it were me.  In fact I might complain to the VAOIG's office, about it.  jmo

 

pr



#14 meghp0405

 
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Posted 17 May 2013 - 06:59 PM

I agree with PR, you should contact someone about the inquisition, she was wrong in each and every way!

 

A fully developed claim is submitted on a VA FM 21-526ez. You will need to enclose all medical documentation concerning the disability you want to claim and send it to the VARO in your state.



#15 john999

 
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Posted 18 May 2013 - 12:35 PM

Does your job include some kind of disability retirement?  Your rating does not make sense to me. 60 GAF is usually the number you get for a 30% rating.  Maybe wait until you get fired and then file for TDIU or 100%. I was fired from long term job when I filed for TDIU. I was rated at just 30%. When I lost my job I asked for the increase and got 70% but was still turned down for TDIU. It took me another 8-10 months to get TDIU. By that time I had SSD and disability retirement from my job. If you have a mental disability having a job is poison for getting a high rating at the VA. What is your combined rating for physical and mental disabilites? May I ask your age? This does not supposed to have an effect on getting TDIU, but do you want to be 100% unemployable for 40 years perhaps?

My intermediate advice is to complain a lot and never say you feel OK.

 

           John



#16 PvtJoyI

 
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Posted 19 May 2013 - 10:40 AM

Hi and thanks for the responses.

 

I'll be 49 in July and my job is with a contracting co for a big corporation. I haven't applied for TDIU nor SSID; I don't know how to quit a job.

 

The PTSD rating is the only %'s I have; they gave me nothing for my back, hand knees, should or lost reproductive organs.

 

I am learning not to say I'm ok very day when I'm not..............so I'll keep trying to deal although I guess the meds are helping me deal with the stress & pressure of the job.



#17 #1Cavtrooper

 
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Posted 19 May 2013 - 11:03 AM

Check your PM, OK?

#18 PvtJoyI

 
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Posted 19 May 2013 - 05:38 PM

Thanks but what is PM?



#19 #1Cavtrooper

 
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Posted 20 May 2013 - 04:41 AM

"Personal" or "Private Message".... It is the little envelope icon located to the left of your name @ the top of the screen where you sign in and out. Just click on the envelope icon.

Edited by #1Cavtrooper, 20 May 2013 - 04:53 AM.






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