File For A Secondary Service Connection
Secondary service connections refer to conditions that have been caused or exacerbated by a condition for which a veteran has been awarded a VA disability rating. If a 100% rating or TDIU are not realistic options for you, and claims or appeals have done nothing to sway VAs original rating for your PTSD, consider if your PTSD has caused any other psychological or physical ailments for which you can prove the connection. You can submit a new claim for benefits with proof of your diagnosis and a nexus statement to connect the two conditions.
How To Get The Highest Disability Rating For Ptsd
VA disability ratings are based on the severity of symptoms.
The primary evidence submitted to the VA to establish a veterans disability comes from doctors who have examined the vet and completed a Disability Benefits Questionnaire . These forms, which have recently been updated, are specialized according to the disability, meaning there is a specific DBQ for PTSD examinations.
If the VA questions or disputes evidence a veteran submits, it can order an examination by its own physicians. This exam is known as a C& P, or compensation and pension exam.
Our attorneys work closely with medical specialists and can obtain medical evidence to help you receive the highest rating possible. Whether you are preparing an initial application for disability benefits or appealing a VA disability rating decision, our dedicated attorneys at Disability Law Group stand ready to assist you. We have years of experience handling VA disability cases and are proud to stand up for the men and women who served our nation.
How To Increase Your Ptsd Va Rating From 70% To 100%
Post-traumatic stress disorder is a very common condition among veterans. Symptoms of PTSD can often be debilitating and interfere with a veterans day-to-day life. The Department of Veterans Affairs offers disability benefits for veterans who developed PTSD as a result of their service. Continue reading to learn more about the different percentage rates for VA disability compensation for PTSD and the criteria needed to qualify for them.
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Understanding The General Rating Formula For Mental Health Conditions
Before diving into the VAs rating system for PTSD, its important to understand their general rating formula for mental disorders. Disclaimer, VA actually rates every mental health condition under the same General Rating Formula and rating criteria. The only exception being PTSD and needing to prove PTSD stressors. Symptoms are then assigned a disability rating.
PTSD disability ratings can be 10%, 30%, 50%, 70%, or 100%. Transparency about your worst symptoms is vital for your rating. VA often rates veterans by the average of their symptoms. So, if a veteran has such symptoms that fall in the 30, 50, and 70% PTSD rating ranges, they will often get a 50% PTSD rating. However, this is not the correct way to rate a mental health disorder.
The basis of a rating SHOULD BE the highest level of symptoms, not an average. So, if a veteran has six symptoms at 30%, three at 50%, and two at 70%, a 70% PTSD rating is proper. Also, the VA cannot downplay symptoms and give the veteran a lower PTSD rating or whichever mental health condition is more severe.
For example, if a veteran has suicidal ideations, that is a 70% PTSD rating. However, VA doctors sometimes state that the veteran does not have intent or that the ideations are fleeting. The VA will sometimes grant a lower rating by minimizing the symptom altogether. It is, nevertheless, a 70% PTSD rating if a veteran has suicidal ideationsno matter the frequency or intent.
Getting The Benefits Of A 100% Rating Through Tdiu
Total Disability Individual Unemployability benefits allow veterans who dont qualify for a 100% rating based on schedular criteria to receive cash compensation at the rate of someone who is totally disabled. TDIU benefits recognize that some veterans have conditions that limit their ability to maintain substantial gainful employment even though they are not fully disabling.
A veteran may qualify for TDIU if they have one service-connected disability that is 60% or more disabling. If they have two or more service-connected disabilities, they must have one rated at 40% or more disabling and a combined disability rating of 70% or higher. However, exceptions are sometimes made for conditions that result in frequent hospitalization.
Substantial gainful employment is defined as earning more than a poverty-level wage in a position that does not qualify as a protected work environment. As such, veterans who are self-employed, work for a friend or family member, or perform odd jobs throughout the year may still qualify for TDIU.
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How Long Does Veterans Affairs Take To Review Claims
The time VA takes to review claims submitted when seeking a 100% disability rating for PTSD varies based on various factors. For instance, if you presented new evidence, they may need more time to assess it. On the other hand, if you only requested them to review documents presented during the initial claim, the process may take a shorter time.
Another factor determining the duration you wait for a ruling is the selected procedure. For example, if you file a supplemental claim or use the higher-level decision review, the process will take about 4-5 months. However, you can wait for one year or more when you opt for a board appeal.
Va Ptsd Increase From 50 To 70
In this post, Ill show you how to get a VA PTSD increase from 50% to 70%, even if youve already filed your VA disability claim increase or have been denied in the past.
PTSD is rated on a scale from 0% to 100%, with breaks at 10%, 30%, 50%, and 70%.
The average VA rating for PTSD is 70% and a total of 91.5% of veterans with a PTSD rating are If youre wondering how to get a 70% PTSD rating, youre not alone. The average VA rating for PTSD is 70%, and 91.5% of veterans with a PTSD rating are rated at 30% or higher.
VA disability ratings for PTSD depend upon the Frequency, Severity, and Duration of your symptoms over time.
At VA Claims Insider, we call this Severity of Symptoms.
The more severe your mental health symptoms are, the higher the VA rating youll receive for PTSD.
If youre trying to increase your PTSD rating from 50% to 70%, you need to submit evidence that shows your symptoms meet the higher rating criteria under the law.
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Understanding The Vas Automatic 50% Ptsd Rating
If you are a veteran that has recently been diagnosed with post-traumatic stress disorder , you have probably heard that you will get an automatic 50% disability rating in order to receive disability benefits. There is technically an automatic 50% disability rating for PTSD. However, not every veteran that has PTSD will get a 50% disability rating automatically. Furthermore, the automatic 50% disability rating is only for a limited time and covers a very specific set of circumstances. Here is a look at the VAs somewhat confusing 50% PTSD rating.
How To File A Va Claim For Ptsd
If youre wondering how to get 100 VA disability from the VA for PTSD or you think you deserve a higher VA rating for PTSD, you should read How to File a Claim for PTSD.
? Join VA Claims Insider Elite, get instant access to the ELITE Experience Portal and $7,500 worth of proprietary VA claim resources TODAY, and have our medical team get started on your VA disability claim for FREE:
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Getting An Increased Va Rating For Ptsd
If a veteran receives a decision and feels that they have been rated too low, they may submit a claim for an increased rating. Veterans may submit additional evidence to bolster their claim.
There are two ways to file a claim for an increased rating for PTSD. If the veteran is within the appeal window for a decision, meaning within one year of the date of a rating assignment, then they may file an appeal of the decision which will keep the claim open and pending. If the veteran is not within the appeal window, they may file a new claim for an increased rating.
Has Va Denied Your Ptsd Claim
We at Hill and Ponton have over 30 years of experience with disability claims and appeals and have helped thousands of veterans get the disability compensation they deserve. If your PTSD claim or appeal has been denied, please reach out to us for a free consultation. Were here to help you get the benefits you deserve!
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A 50% Rating Applies To Occupational And Social Impairment With Reduced Reliability And Productivity Due To Such Symptoms As:
- Panic attacks more than once a week
- Difficulty understanding complex commands
- Impairment of short- and long-term memory
- Disturbances of motivation and mood
- Difficulty establishing and maintaining effective work and social relationships.
A 100% rating means total occupational and social impairment. The symptoms include:
- Gross impairment in thought processes or communication
- Persistent delusions or hallucinations
- The persistent danger of hurting oneself or others
- Disorientation to time or place.
What Benefits Do You Get With A 100% Disability Rating
A 100% disability rating for PTSD allows you to receive various benefits. These are:
- Inpatient and outpatient care
- Education benefits for your kids
- Property tax exemptions
Another benefit you get with a 100% disability rating is free private counseling in a VA facility. You may also undergo other treatments like group and family therapies with no charges.
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Help For Ptsd: When And How To Get It
If you are a Veteran struggling with symptoms that you think may be related to PTSD, visit your local VA center or get a referral to a psychologist for a diagnosis. To receive a PTSD diagnosis, you will need to take an in-depth assessment by a mental health professional. Honesty is key when you take your PTSD assessment. Dont downplay your symptoms. This could cause the VA to assign a rating that is lower than you deserve.
Once you have received a PTSD diagnosis from a professional, you can start treatment. PTSD is a struggle, but treatments tend to be highly effective in many circumstances, particularly medication and therapy.
Counseling for PTSD can be a major help in the recovery process. A licensed mental health professional can help you process and unpack your trauma in a safe environment through the use of one of several highly effective forms of counseling. Multiple forms of therapy can effectively treat PTSD, including cognitive behavioral therapy and prolonged exposure therapy.
Through a combination of consistent therapy and taking an SSRI, you can see significant improvements in your PTSD symptoms.
Help For Ptsd: Getting Va Disability Benefits
If you are a Veteran suffering from symptoms of PTSD and have received a diagnosis, you may be eligible to receive compensation from the VA. The VA deems sufferers of PTSD eligible for tax-free disability benefits if they have a diagnosis and can verify that their traumatic experience was service-related.
When you are hoping to obtain disability benefits from the VA for PTSD, you need to be able to confirm that service-related trauma has had a negative impact on your life. Chances are, though, if you are experiencing diagnosable symptoms of PTSD, your life is being negatively affected by your trauma. The VA will give you a disability rating based on the severity of your case. Based on your disability rating, which will be between 0% and 100%, you can receive lower or higher benefits.
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Requesting Statements From Family Members Or Friends
Your friends and family members have a special ability to describe how your life has changed as a result of traumatic events you experience while in the service. They can write about the person you were when you entered the service and the changed person you were when you returned home.
Ask friends and family to describe in their statement what your personality was like before service and what is like now. Maybe you were outgoing and popular before, and now you are a recluse who does not like leaving the house. Or perhaps you were quiet and laid-back, and now you’re extremely angry a lot. Maybe you used to feel very close to your spouse and now you are withdrawn from her , or even abusive. Or perhaps you no longer feel that you are available for your children.
All of these people can help by writing a statement giving examples of how your behavior has changed. Your child could say you used to help with homework and now you sit in front of the TV drinking. Your friends could describe how you don’t feel safe leaving the house, and everywhere you go you are always looking over your shoulder, on high alert. Your spouse could describe how you wake up terrified in the middle of the night from nightmares.
You can also ask for statements from co-workers, employers, clergy, or anyone else who has seen changes in you. Even someone who has only known you since you left the service can still help by describing how you appear to be affected by your post-traumatic stress disorder.
How The Va Decides Your Ptsd Rating
According to 38 CFR PTSD §4.126, evaluation ofdisability from mental disorders, the RVSR is required to consider these tworules:
1. When evaluating PTSD, the rating agencyshall consider the frequency, severity, and duration of psychiatric symptoms,the length of remissions, and the veterans capacity for adjustment duringperiods of remission.
The rating agency shall assign an evaluationbased on all the evidence of record that bears on occupational and socialimpairment rather than solely on the examiners assessment of the level ofdisability now of the examination.
2. When evaluating the level of disabilityfor PTSD, the rating agency will consider the extent of social impairment butshall not assign an evaluation solely based on social impairment.
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How Can I Get 100% Va Disability Rating
The highest percentage that can be given for service-connected compensation purposes is a 100 percent VA disability rating, or total disability rating. This rating is only available to veterans with extremely debilitating service-connected ailments that make them unable to work and mostly unable to care for themselves. You start by filing a service connected claim. You may also want to consider VA unemployability with VA Form 21-8940.
If you are unable to work and need someone to help take care of you, then a 100 percent rating may be appropriate.
Disability ratings range from 10% to 100%. The idea behind these ratings is that the veteran should be compensated according to the impairment that the disability would cause to the average persons ability to earn a living. This compensation generally comes in the form of monthly payments.
Symptoms Of Ptsd That Matter To The Va
PTSD symptoms can vary widely, depending on your specific case and the severity of your condition. Intrusive memories are one of the most common symptoms. These are unpleasant memories of the event that you cannot control and which may take the form of flashbacks or nightmares.
You may also notice that youre more on edge that you feel hopeless, numb, or detached or that you have trouble feeling joy. You may always be on guard for danger, and you might find yourself engaging in self-destructive behavior to cope. Many people with PTSD have trouble sleeping, and you may even begin to have thoughts of self-harm or suicide.
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Va Rating Criteria For Ptsd
With the exception of eating disorders, VA regulates all mental health conditions on the same criteria. Mental health conditions may be rated at 0, 10, 30, 50, 70, or 100 percent under VAs General Rating Formula for Mental Disorders . The requirements for service connection at each rating level are listed below.
- 100% total occupational and social impairment, due to such 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
Why You Need An Attorney
When dealing with the VA, its important that you have someone on your side who understands veterans law. If your PTSD rating has been reduced, a PTSD attorney can help you appeal the reduction in an effort to get your rating back. In addition, the VA often fails to follow their own regulations when doing a rating reduction, and a PTSD attorney can help identify any VA errors that could result in a reversal of the reduction. So dont wait when calling After Service, LLC.
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Records To Have Available
It can help to have both military records and records of your own communications to help jog your memory. You can request a copy of personnel records and service medical records from the military, and these records will help you remember dates and other details of what happened. Read Nolo’s article about how to obtain your records.
Ask friends and family members for any letters you sent them while in the service, and check your email account for any messages you sent describing what you experienced. If you keep a diary, it can be helpful to refer to it.