New VA PTSD Claim Rules

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112SecurityPolice
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Re: New VA PTSD Claim Rules

Post by 112SecurityPolice » Sun Aug 01, 2010 12:04 am

xrammyx wrote:
112SecurityPolice wrote:Thanks again for the info. I was stationed in Egypt during the war(Cairo West) so the VA was trying to say that I wasn't a Desert Storm Veteran. :(

We weren't allowed to fly there directly from Germany however, and had to go through Saudi(during Desert Shield). The Appeals Court then ruled that I "was" a veteran after all, since I was in the AO. 8)


With that hurdle cleared, I was diagnosed with PTSD in 1995 and have been fighting the VA ever since. Hopefully, with the change in the rules, I'll see some relief. :idea:
Good luck just keep at it, it will come out on your end soon
Thanks. :D
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lmsnh
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Re: New VA PTSD Claim Rules

Post by lmsnh » Fri Oct 22, 2010 7:23 am

FYI, How they rate PTSD percentage.

38 C.F.R. § 4.130, DC 9411
GENERAL RATING FORMULA FOR MENTAL DISORDERS:
Total occupational and social impairment, due to such symptoms as: gross impairment in thought process or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation occupation, or own name …………………..100%
Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships ...................................... 70%
Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining Effective work and social relationships ………………..50%

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) ............................ 30%
Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication .................. 10%
A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication .............................. 0%
Little Sis,

SFC Lynn M. Santosuosso
U.S. Army
VFW Post 1772
Desert Shield/Storm 1990-1991,
400th MP BN, 800th MP Bde

Ft Dix, NJ BCT, 1980
Lowry AFB Denver, CO, 1981
Ft Benning, GA, 1983
Ft Devens, MA, 1985
Ft Meade, MD, 1990
76th Div, USAR. 1992-1997
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Re: New VA PTSD Claim Rules

Post by Dagger X-Ray » Sat Oct 23, 2010 9:36 pm

How is this determined? I mean how do I convey this information to them or am I supposed to present some kind of proof that I suffer from the majority of the 30% & 50% symptoms? I have often wondered how the ratings are determined and have put off filing all these years.
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Bakaruda
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Re: New VA PTSD Claim Rules

Post by Bakaruda » Sat Oct 23, 2010 10:28 pm

Start by going to a doctor, I have been going this time for 4 months. I went 10 years ago for a little while.
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Re: New VA PTSD Claim Rules

Post by wdroberson » Thu Nov 11, 2010 3:41 am

redfish wrote:
The biggest thing they want is a stressor letter and an incident form. They want to know what incident you were involved in and who all was killed or injured. They will send you a letter stating fear of or smell of death does not count as an incident, etc.. You need to name names and places best you can recall. ( I had to look mine up and ask friends). They want to know what event caused you to have PTSD and why and how you fell about it.
Am I to take from this that you can only be accepted as suffering from PTSD if there were casualties in your unit? Or I should ask is that the VA's position?
.

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Re: New VA PTSD Claim Rules

Post by redfish » Thu Nov 11, 2010 7:47 am

I know others that have PTSD and no casualties were involved and they are disabled from the VA. That is what they sent me. I think they want specifics about what happened. Like body detail. I looked up info on PTSD and it didn't say folks had to be killed. I hope I didn't mislead.
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Re: New VA PTSD Claim Rules

Post by wdroberson » Thu Nov 11, 2010 5:50 pm

Nope. I don't think you did. I was just trying to clarify to see if I could expect that same type of letter you received.
.

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Re: New VA PTSD Claim Rules

Post by OnQuest » Fri Dec 10, 2010 9:01 pm

According to that list i would put myself somewhere between 10% and 30%.
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Re: New VA PTSD Claim Rules

Post by redfish » Sat Dec 11, 2010 8:33 am

Mike, Do you remember who you were attached to in 24ID?
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Re: New VA PTSD Claim Rules

Post by pgwvet » Wed Dec 15, 2010 4:54 pm

redfish wrote:I know others that have PTSD and no casualties were involved and they are disabled from the VA. That is what they sent me. I think they want specifics about what happened. Like body detail. I looked up info on PTSD and it didn't say folks had to be killed. I hope I didn't mislead.
The NGWRC has a guide that covers GWI and PTSD it will help you a lot. They are real good at their job.
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Re: New VA PTSD Claim Rules

Post by OnQuest » Wed Dec 29, 2010 7:46 am

redfish wrote:Mike, Do you remember who you were attached to in 24ID?

No but i can find out.. Im in touch with a couple of the guys from my platoon. If one of them can remember. I don't remember cuz i guess i didn't pay much attention. All i remember exactly is we worked directly for a Major Challender for a while... Then he got a promotion to LT Col and we got re attached to our company just after the air war started. We were making Log bases for a couple months.


Mike
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Re: New VA PTSD Claim Rules

Post by desertfox2543 » Sat Feb 12, 2011 11:36 pm

hello!! all and thanks for haveing a site like this for us desertstorm vets. i was with the 24 inf division.with the 3rd engineer batt,and the division ammo office.i just recently got my social security and got 60 percent from the va.for ptsd 50 percent.irritabal bal 10 percent and tinnitus 10 percent and yet it equals to 60 stupid math but oh well lol!!! i would like to ask has anyone had a rateing such as mine and used the unemployablity rule and reapplyed and won it? because my social security was won on my ptsd and some other affects but just was wandering. FIRST TO FIGHT!!!!!!!!!!!!
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Re: New VA PTSD Claim Rules

Post by redfish » Sun Feb 13, 2011 9:10 am

Welcome brother. Lots a 24 ID on this site. Especially the engineers. We've stomped some of the same sand. I'm afraid this is the rule for unemployability:

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.

That is from: http://edocket.access.gpo.gov/cfr_2004/ ... fr4.16.pdf
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Re: New VA PTSD Claim Rules

Post by desertfox2543 » Sun Feb 13, 2011 9:48 am

Thanks brother.i was just wandering about it to see because im still fighting them on my fibromyagia,it took awhile to realize what it was but finally some help with lyrica.also are there any medical that can be obtained for my kids and wife threw the va?or do u have to have 100 percent .
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Re: New VA PTSD Claim Rules

Post by redfish » Sun Feb 13, 2011 10:06 am

It is my understanding that if you get unemployability your wife and kids can get CHAMPV. You may consider medicaid. That's what my family is on. CHAMPV is not the greatest. If you have more ratings pending, you may get up to 70% and then you may qualify for IU (individual unemployability). Do you have a service rep? Have you got a benefits handbook? A lot of info in that book. Glad you found the website.
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