Do You Have Questions Speak To A Va Disability Lawyer At Our Law Firm Today
At the Tucker Law Group, we can answer your questions regarding appealing a VA disability claim denial. If you need help to appeal for your disability benefits, we want to help you. A VA appeal lawyer with our firm can work quickly and efficiently to help you through the appeals process so you can secure the benefits you deserve.
Contact our office by calling or fill out our confidential contact form. Our law firm can provide legal counsel in all 50 states, as our attorneys are licensed in Florida and many federal courts around the country. We are here to help, so call us today.
Getting A Medical Nexus
With your service connection in hand, its time to get your medical nexus. A medical nexus is a statement from your doctor affirming that your condition was at least as likely as not caused by the incident in your service record. This prevents veterans from claiming VA disability for conditions that began after they left the military.
You may want to get your military records before your diagnosis appointment with your doctor. This way, he or she can review your service records the same day and provide a medical nexus if its appropriate. This can save you time and help you start getting the compensation you deserve sooner.
What Is An Automatic 50 Ptsd Rating
There is a confusing VA disability policy that can explain why so many veterans think that the VA offers an automatic 50 percent rating for PTSD. According to VA Policy , an automatic disability rating of 50% will be granted to veterans with PTSD, but only for those veterans who must be discharged from military service because their PTSD impacts their ability to perform their job duties effectively.
However, this rating only lasts for six months, and only applies to a small number of veterans. After six months, the VA will schedule an exam to re-evaluate the veterans condition. At that point, the VA will schedule an examination to determine whether or not the veteran will continue to receive a 50 percent disability rating for their PTSD.
It is possible to get a 50 percent disability rating for PTSD, but there is no automatic rating for any condition, and no automatic disability rating that applies to all veterans. Veterans with PTSD can receive a rating as low as zero percent for the condition. While PTSD is a common condition for veterans, it is not considered a presumptive condition one that is directly caused by military service. A veterans disability rating for PTSD depends on their specific situation, as well as how severe their symptoms are.
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What Happens After Va Grants Service Connection For Ptsd
Once a veteran establishes service connection for their PTSD claim, the battle isnt over. The veteran must do what he can to make sure the VA gives him the correct compensation.
Compensation is based on the rating VA assigns a veteran . This rating is based on how severe the veterans PTSD symptoms are.
Because the ratings are based on the veterans symptoms, its important to have medical records. These records should detail the symptoms the veteran suffers, and how they affect the veterans life.
Again, this is another area where having medical opinions is crucial to building a strong case. The max rating is 100%, but this is hard to get. A lot of veterans end up with a 70% rating and unemployability because they cannot work.
The VA will use a C& P exam to help them determine what the appropriate rating is. A veteran should review the PTSD rating criteria that VA uses. The veteran should discuss with family and friends how they see PTSD affecting the veteran. This will give the veteran evidence he needs to assure the C& P examiner as a full picture of his problems.
How Va Rates Ptsd For Va Disability
After the C& P exam is complete, VA adjudicators will review it along with all the other evidence in the veterans claims file. Once a veterans PTSD is service-connected, VA rates this condition under 38 CFR § 4.130, Diagnostic Code 9411, the Schedule of Ratings for Mental Disorders.
VA then assigns a disability rating ranging from 0 to 100 percent with in-between ratings of 10, 30, 50, and 70 percent. These ratings are based on the level of social and occupational impairment, as well as the frequency, duration, and severity of symptoms.
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What Qualifies For A 100 Percent Rating
A 100 percent rating is the highest the VA will award for PTSD or any other condition. In order to qualify for a 100 percent rating, a veteran with PTSD must have total occupational and social impairment. They must be completely unable to hold down a job or maintain normal, healthy relationships.
A veteran with a 100 percent rating will be in constant danger of hurting themselves or others. They will only be able to perform basic daily tasks like bathing on occasion. They may also have severe memory loss, including forgetting close relatives or even their own name.
Disability Help Group Case Study
A 26 year-old female veteran of the Marines reported a military sexual assault to her civilian priest. However, she did not report it to superiors for fear of retaliation. The assailant was her commanding officer. Within a year of discharge, she filed a claim for PTSD due to MST. VA denied the claim for lack of credible supporting evidence. She hired us to assist with her appeal. Our representatives obtained a lay statement from her priest and submitted it to VA. In addition, Disability Help Group sent specific portions of her military personnel records. The personnel records showed that all her Article 15 punishments happened after the MST. VA found the priests statement credible, and the Article 15s lined up after the approximate date of the MST. Based on this credible supporting evidence, VA granted the claim for PTSD due to MST.
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Traumatic Brain Injury And Ptsd
Many veterans with PTSD have also sustained a Traumatic Brain Injury. PTSD is frequently secondary service-connected to TBI, with both conditions resulting from the same event, and sharing many of the same symptoms. The conflicts in Afghanistan and Iraq have generated growing numbers of veterans who have suffered TBI.
What Is The Va 5 Year Rule
The VA disability 5 year rule allows the VA to ex-examine your VA disability rating within 5 years of your initial examination if your condition is expected to improve over time. However, the VA may still change your disability rating past the 5-year deadline if your condition has significantly improved.
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What Each Rating Means
100% rating: Completely unable to function socially or at work with symptoms such as severely inappropriate behavior, ongoing hallucinations or delusions, consistent threat of harming self or others, unable to remember basic information such as names of close relatives, severe confusion and disorientation, and/or inability to care for self.
70% rating: Unable to function in most social and work areas with symptoms such as obsessive behaviors, illogical speech, depression and panic so persistent that it interferes with ability to function, suicidal thinking, inability to control impulses , neglecting self-care such as hygiene, inability to handle stress, and/or inability to maintain relationships.
50% rating:Some impairment in ability to function socially and at work with lack of reliability and productivity, due to symptoms such as trouble understanding, memory loss , poor judgment, mood disturbances, trouble with work and social relationships, and/or having one or more panic attacks weekly.
30% rating: Some trouble functioning socially and at work, occasionally inefficient with work or unable to perform work tasks, but generally able to care of self and speak normally. Symptoms can include depression, anxiety, chronic difficulty sleeping, mild memory loss, suspiciousness, and panic attacks .
10% rating: Mild symptoms creating work and social impairment when under significant stress, or mild symptoms managed successfully with continuous medication.
Presumption Of Direct Service Connection Ptsd
Your service connection for posttraumatic stress disorder is presumed when the following events are met:
- Medical evidence of PTSD diagnosis
- a link , established by medical evidence, between current symptoms and an in-service stressor and
- credible supporting evidence that the claimed in-service stressor occurred.
Proving nexus is a very tough task, especially when the stressor event is often undocumented and seemingly unprovable. To help in this area, the VA has made provisions where, under the right circumstances, you may not need to prove the actual event from written military records, but in other ways such as lay testimony and other sources.
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How Long Does A Va Ptsd Claim Take
about 3 to 4 monthsAfter your VA claim exam Each claim is different, but it usually takes us about 3 to 4 months to process a claim from start to finish. The processing time for your claim depends on how complex your claim is and how many conditions youve claimed. Can I get a copy of the report from my VA claim exam?
What War Had The Most Cases Of Ptsd
The Vietnam WarVietnam
. Keeping this in view, what percent of veterans have PTSD?
Operations Iraqi Freedom and Enduring Freedom: Between 11 and 20 percent of veterans. Vietnam War: Studies suggest about 15 percent of veterans, yet it’s estimated that about 30 percent have had PTSD in their lifetime.
Similarly, why do so many veterans have PTSD? All Veterans with PTSD have lived through a traumatic event that caused them to fear for their lives, see horrible things, and feel helpless. Strong emotions caused by the event create changes in the brain that may result in PTSD. Yet only some will develop PTSD the reason for this is not clear.
Also to know, how many military have PTSD?
About 11 to 20 out of every 100 veterans who served in operations Iraqi Freedom and Enduring Freedom have PTSD in a given year. About 12 out of every 100 Gulf War Veterans have PTSD in a given year.
Which branch has the most PTSD?
In this review, we found that army and marine personnel had the highest prevalence of probable PTSD cases, although these 2 groups also had the broadest range in prevalence, in particular the army .
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% Rating: Occupational And Social Impairment With Deficiencies In Most Areas Such As Work School Family Relations Judgment Thinking Or Mood
- 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
- spatial disorientation
- disturbances of motivation and mood
- difficulty in establishing and maintaining effective work and social relationships.
With Va Ratings There Are 4 Rules For Protected Ratings:
The 5-year rule If your rating has existed for 5 years, the VA cannot reduce the rating for that disability unless sustained improvement is shown.
The 10-year rule If your rating has existed for 10 years, the VA cannot terminate the rating for that disability, and can only reduce their rating if fraud in the original claim has been proven.
The 20-year rule If your rating has existed for 20 years, the VA cannot reduce the rating below your lowest rating for that disability since its inception. For example, if your PTSD rating was 50, and then moved up to 70, your rating for that disability can not be reduced below the 50 rating unless fraud can be proven in the original claim.
The 100% rule If your disability rating is 100, the VA must prove that your condition has vastly improved and that you can perform normal work.
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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.
Standard Va Disability Claims
With standard VA disability claims, the VA gathers evidence and compiles all supporting documents.
If the VA is unable to obtain a needed document, they may require your help. When help is required, it typically applies to documents not held by a federal agency, such as private medical records, employer information, and documents from state or local governments.
As with all claims programs, be prepared to provide your DD214 , service treatment records, VA medical records, and private medical records about your claim. Those needing help applying for their VA disability claim may also work with an accredited attorney, claims agent, or Veterans Service Officer .
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Ptsd Va Rating Statistics The Insiders Guide
While PTSD VA rating statistics vary, it is estimated that veterans are FOUR times as likely to have PTSD compared to those who didnt serve in the military.
A veterans PTSD VA rating is determined by your level ofoccupational and social impairment over time.
This subjective assessment is made by the VA Rater or RVSR, who reviews all your military personnel records, service treatment records, VA medical records, private medical records, personal statements, buddy letters, and the results of your C& P exam for PTSD to determine your final VA rating for PTSD.
Service Connection For Ptsd: What Va Requirements Do Veterans Need To Satisfy
For the VA to grant service connection for PTSD, a veteran must demonstrate that he or she has been diagnosed with PTSD under the DSM 5, his or her PTSD is a result of an in-service stressor that meets the DSM 5s A criterion, and his or her in-service stressor at least as likely as not occurred. Lets break down each of these three criteria in detail.
Pursuant to 38 CFR 3.304, service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 CFR 4.125, which calls for a diagnosis that conforms to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition . Under the DSM 5, a veterans mental health symptomatology must meet all of the following criteria in order for a clinician to diagnose him or her with PTSD:
- Criterion A : The person was exposed to: death, threatened death, actual or threatened serious injury, or actual or threatened sexual violence, in the following way:
- Direct exposure
- Witnessing the trauma
- Learning that a relative or close friend was exposed to a trauma
- Indirect exposure to aversive details of the trauma, usually in the course of professional duties
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Va Unemployability For Ptsd
Importantly, if your PTSD significantly impairs your ability to work, you may be eligible for a total disability rating based on individual unemployability a VA benefit that allows veterans to receive compensation at the 100 percent rate if their service-connected condition prevent them from securing and maintaining substantially gainful employment.
There are two ways veterans can qualify for TDIU based on their PTSD under VAs regulation 38 CFR § 4.16: schedular and extraschedular. In order to be eligible for schedular TDIU:
- Your PTSD must be rated at 60 percent or higher on its own or
- You must have a combined rating of 70 percent or higher when your PTSD is taken together with other service-connected conditions and at least one of those conditions is rated at 40 percent or higher on its own
If you do not meet the eligibility requirements listed above, but you are unemployable due to your PTSD, you may qualify for TDIU on an extraschedular basis. In both cases, you must show that your PTSD contribute to your inability to work.
Why Va May Reduce Your Disability Rating For Ptsd
Your VA disability rating for PTSD is based on how your condition affects your ability to work and carry out daily living activities. When you get approved for benefits for PTSD or any other condition, VA assigns you a disability rating between 0 percent and 100 percent in increments of 10 percent.
This rating shows the level of functional impairment caused by your condition, based on VAs review of your medical records and supporting documents.
For PTSD and most mental disorders, you will receive one of six disability ratings: 0 percent, 10 percent, 30 percent, 50 percent, 70 percent, or 100 percent. The criteria to receive each of these ratings are:
The rating you receive is assigned by the VA when your service connection is established. But PTSD can either improve or deteriorate over time. If it does either, VA may attempt to raise or lower your disability rating to match your current condition.
Suppose you return from combat with PTSD so bad that you can barely leave the house or feed yourself, much less work. You apply for disability and submit ample supporting evidence detailing the extent of your condition. VA assigns you a 100 percent rating based on your inability to work or carry out daily living activities.
But then you undergo intensive therapy. One year later, you still have PTSD, but it is now moderate, and you can hold down a job. If the VA decides to re-examine you, it may lower your rating from 100 percent to 50 percent.
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