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70 Va Disability Rating For Ptsd

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How The Va Appeals Process For Ptsd Works

70% PTSD VA Rating: What it Means and How to Qualify

The denial or award letter you received comes with a statement from the VA on how they reached their decision, so make sure you hang on to it. You can use this information to determine what new evidence you should submit with your appeal. Once you get a rating decision from the VA, you have a year to appeal. The general plan for appealing a claim is as follows.

  • Have a VA-accredited claims agent or attorney review your claims file.
  • Request any pertinent records that are missing from your claims file.
  • If necessary, get buddy statements from friends and family, and additional statements from doctors.
  • File the appeal with the new evidence and send a brief to your VA Regional Office or the Board of Veterans Appeals.

Not every appeal follows this pattern to a T, so its best to consult with an experienced claims agent to get a better sense of how things will go.

Now lets take a closer look at types of evidence that can help you show that your PTSD rating is in need of revision.

What If Your Symptoms Are Consistent With More Than One Ptsd Rating

Since PTSD is a complex condition and many of the symptoms within the rating criteria overlap, you may not fall completely into one percentage category. For example, you may experience mild memory loss in addition to impaired judgment and flattened affect, meaning your symptoms are consistent with both a 30 percent and a 50 percent rating on the PTSD rating scale.

Since it is not possible to split the difference between the two ratings, VA must choose one to award. In these cases, VA should award the higher rating based on 38 CFR § 4.7. Specifically, when there is a question as to which of two evaluations should be applied, the higher evaluation will be assigned if the disability more clearly meets the criteria required for that rating.

About The Va Disability Rating System

Veterans with a disability that developed or worsened while serving in the military or due to military service may be eligible for Service-Connected disability pay.

Conditions covered by these benefits typically include:

  • Physical disabilities including hearing loss, chronic back pain, asthma and cancers caused by contact with toxic chemicals.
  • Mental disabilities including anxiety, post-traumatic stress disorder , depression and traumatic brain injury .

Find a complete list of covered conditions here.

For every disability claim, the Department of Veterans Affairs assigns a severity rating ranging from 0-100%. This rating moves in 10% increments, is based on service treatment records, VA medical records, and private medical records directly relating to the disability.

For Veterans with more than one disability, the VA uses the combined rating table to calculate your disability percentage.

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Diagnoses Of Special Interest

Two diagnoses for veterans are of special interest to SSA, the VA, and policymakers: PTSD and traumatic brain injury . Both diagnoses have been associated with veterans returning from Iraq and Afghanistan. In this section, we focus on DI applicants with VA ratings for PTSD , residuals of TBI , and dementia associated with TBI .22

As we have demonstrated, veterans with VA ratings of 100% or IU who apply for DI benefits tend to be in older age groups. The same is true of veterans diagnosed with PTSD or TBI. Chart 20 shows the age distribution of DI applicants rated for PTSD or TBI at any level from 10% to 100%. The largest proportions of VA awardees applying for DI benefits were in the oldest age group of DI applicants . The vast majority of DI applicants with a VA rating for PTSD filed after reaching age 50 those individuals are likely to be Vietnam veterans. There are few DI applicants among younger veterans with PTSD ratings. Younger veterans were more widely represented among DI applicants with TBI than they were among those with PTSD nevertheless, the oldest age group still constituted the largest proportion of DI applicants with TBI. It appears that the disabling impact of PTSD and TBI emerges at older ages, rather than at the time of separation from service.

What About Incorrect Rating Decisions

VA Disability Rating for PTSD EXplained

Often the rating decision is just incorrect. VA fails to grant PTSD cases but it also fails to consider other issues. VA denies a mental health disorder because the veteran filed for one disorder and actually has a different one.

Veterans, unless they have a doctorate in psychology, are not able to officially diagnose their own mental health disorders. Therefore, when a veteran claims PTSD, the VA can deny it. However, the VA must see if he has another condition.

The VA should determine if the veteran has another diagnosis, which it often does not do. Veterans can often avoid this process by filing a claim for a more generic issue such as acquired psychiatric disorder. Another option would to be to file for service-connected mental health disorder. By filing for benefits in this manner, the VA is responsible to diagnose and/or use medical records.]

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How To Increase A 70% Ptsd Disability Rating To 100%

Post-traumatic stress disorder is a common mental health disorder among veterans, and its symptoms can vary from mild to severe depending on the individual and the traumatic events they have experienced. Flashbacks, nightmares, anxiety, and uncontrollable thoughts are just some of the symptoms veterans with PTSD must deal with, and because of this, VA offers disability compensation to those who can prove a service connection.

As common as PTSD is, however, it may not always be rewarded with the appropriate VA disability rating. Ratings assigned for PTSD are 10, 30, 50, 70, and 100%, and are largely based on a veterans social and occupational impairment. For most veterans, it may not be easy to get a higher rating on a first claim, much less 100% disability based off it. For that to happen, your condition must be severe enough, and you must build a strong claim supported by medical records and nexus statements, buddy statements, and perhaps even employment and financial history to prove diminished earning potential.

Va 100% Rating Permanent And Total Disability For Ptsd

A 100% rating for PTSD satisfies the Total part of Permanent and Total Disability. Whether a 100% PTSD is permanent is a medical question for the veterans treating doctor. Will this condition ever improve during the veterans lifetime? If the doctors answer is no, then the veteran should submit the doctors written opinion to VA. VA will likely defer to the medical opinion and award Permanent and Total disability for PTSD.

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Appeal The Decision Or File A New Claim

The most straightforward approach is to appeal VAs decision on the original claim. You have up to one year after the first rating has been assigned to do so. If its been past one year, you can simply file a new claim. In either case, its strongly recommended that you present more evidence to bolster your claim and improve your chances of a more favorable decision.

You Dont Have To Show Every Symptom To Get The 70 Percent Ptsd Rating

How a 70% VA PTSD Rating Can Get You To 100%

Theres an old-technique that you will see in VA raters and BVA judges who have been around for a while. The technique is called symptom-hunting, and it works like this. A VA rater or BVA judge turns the PTSD rating criteria into a checklist, and looks for exact manifestations of the precise symptoms and the precise degree of symptoms. If you cant hit every symptom, then you are given a non-compensable or the lowest possible rating.

A BVA decision with this kind of error in it will invariably be vacated by the Veterans Court. If your BVA decision includes symptom hunting, please reach out to a veterans benefits law firm that has experience handling PTSD rating increases at the Court of Appeals for Veterans Claims.

Thanks to a case known as Mauerhan, the practice of symptom hunting has been cast aside and rejected .

The CAVC explained in Mauerhan that the symptoms listed for a PTSD rating are not meant to be an exhaustive list. This means that rateable symptoms need not appear on the list, and the list is not the only symptoms that can be considered. Instead, the symptoms in DC 9411 the diagnostic code used for rating PTSD are meant to provide examples of the type and degree of symptoms, or the effects they have on a veteran, that will support a particular rating.

You could have only one of the specifically listed symptoms for PTSD documented in your medical records, and still receive a 70% VA PTSD rating.

What does that mean? Well, read on.

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Reasons For Di Allowances And Denials

Chart 14 shows medical denials of postaward first DI applications for veterans receiving a VA rating of 100% or IU, by reason. We again exclude 6,559 technical denials, or cases denied for nonmedical reasons from our sample. The greatest number of medical denials were for applicants deemed capable of work other than their previous work , followed by step-4 denials and step-2 denials .18 Over one-quarter of the DI denials involved impairments that SSA judged to be nonsevere in cases that VA rated 100% or IU. Among those rated IUindicating that VA found the individual unable to engage in SGE27 percent of those denied DI benefits were found by SSA to have a nonsevere impairment. Furthermore, over 60 percent of the veterans rated IU by VA and denied by SSA were judged to be capable of SGA, providing one measure of the extent to which the two programs’ evaluation criteria indicate their different purposes.

How Woods And Woods Can Help With Your Ptsd Rating

Hiring experienced VA lawyers can help you improve your case. Woods & Woods can work to help you increase your PTSD disability rating. We will help you file paperwork, obtain all the necessary documents , and help you through the appeals process.

Our goal is to help veterans get the benefits they deserve. We understand the sacrifice that veterans have made, and it is our goal to ensure that your time in service is not forgotten.

We offer free, no-obligation consultations and we only charge a fee if we win your appeal. Contact us today to learn more about how we can help with your PTSD disability claim.

Talk to Us About Your Claim:

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Ready To Make A Claim 3 Steps To Presenting A Strong Va Ptsd Claim

Now that you know how the VA rates PTSD, its important to understand some best practices for making a claim. Keep in mind that PTSD claims can complicate the already confusing and murky claims process. Even with the new regulations passed in 2010 that make it easier for veterans with PTSD to qualify for VA benefits, a veteran with a PTSD claim will face unique challenges.

There are three requirements that make up a claim for PTSD:

  • A current diagnosis
  • A link between the current diagnosis and stressor
  • So, you can make a strong claim by presenting these three requirements.

    With A Dependent Spouse Or Parent But No Children

    How Much Is 70 Ptsd Rating

    Find the dependent status in the left column that best describes you. Then look for your disability rating in the top row. Your basic monthly rate is where your dependent status and disability rating meet.

    If your spouse receives Aid and Attendance benefits, be sure to also look at the Added amounts table, and add it to your amount from the Basic monthly rates table.

    Basic monthly rates for 30% to 60% disability rating

    Dependent status 30% disability rating 40% disability rating 50% disability rating 60% disability rating
    Dependent status 30% disability rating 467.39 40% disability rating 673.28 50% disability rating 958.44 60% disability rating 1,214.03
    With spouse 30% disability rating 522.39 40% disability rating 747.28 50% disability rating 1,050.44 60% disability rating 1,325.03
    With spouse and 1 parent 30% disability rating 566.39 40% disability rating 806.28 50% disability rating 1,124.44 60% disability rating 1,414.03
    With spouse and 2 parents 30% disability rating 610.39 40% disability rating 865.28 50% disability rating 1,198.44 60% disability rating 1,503.03
    With 1 parent 30% disability rating 511.39 40% disability rating 732.28 50% disability rating 1,032.44 60% disability rating 1,303.03
    With 2 parents 30% disability rating 555.39 40% disability rating 791.28 50% disability rating 1,106.44 60% disability rating 1,392.03

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    Is Ptsd An Automatic 50% Rating

    Many veterans are under the impression that they can receive an automatic PTSD rating of 50 percent. Unfortunately, this is not entirely accurate as there are specific circumstances under which the automatic 50 percent rating applies.

    According to VA regulation titled 38 CFR § 4.129, when a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veterans release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veterans discharge to determine whether a change in evaluation is warranted.

    In other words, an automatic 50 percent rating will only be granted to veterans if they were discharged from military service due to their PTSD.

    Additionally, this automatic 50 percent disability rating will only last for six months following the veterans separation from service. After six months have passed, VA will conduct a new PTSD evaluation to determine the veterans current condition. While it is possible that the veteran will again be assigned a 50 percent rating for their PTSD, it is also possible that the rating will be reduced.

    How The Va Rates Ptsd

    Most veterans are in the dark about how the VA actually determines a rating for PTSD. At Veterans Help Group we believe that this information should be clear and readily available to veterans. If a veteran is granted a service-connected disability for PTSD the VA will assign a rating based on the current severity of the symptoms . The VA actually has published regulations on how it is supposed to rate PTSD claims. The problem is that its just one set of regulations buried within thousands of VA regulations. Below are the specific regulations on how the VA is supposed to rate PTSD claims based upon the level of social and occupational impairment as determined by various symptoms. These ratings range from 0, 10, 30, 50, 70, and 100%.

    Unfortunately, the VA frequently does not follow its own guidelines and as a result, it underrates.

    Veterans with PTSD get assigned lower ratings either because the veteran, who does not understand what is needed, failed to submit sufficient evidence of the severity, or the VA has blatantly disregarded the evidence of the severity of symptoms.

    At Veterans Help Group we know the law. We know what rating the VA should assign based on your symptoms and will obtain evidence to document the severity level. It is this legal knowledge and the ability to hold the VA accountable in a court of law that makes us powerful advocates for veterans.

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    Va Rating Going From 50 To 70

    The difference in monthly payment rates from 50 to 70 VA disability rating can be considerable. In addition, a higher combined total evaluation increases the chances of receiving a total disability rating based on individual unemployability if you are unable to work due to your service-connected disabilities.

    In general, there are two ways to get your overall disabilities increased to 70 percent.

    First, you can get a single disability rating increased. This method is most likely to succeed with a mental health claim. If you are already service-connected for a mental health condition, or if you are just now applying for service connection for a mental health condition, you will need to show deficiencies in most areas. Those deficiencies can include disturbances of motivation and mood, sleep problems, panic attacks, flashbacks, hallucinations, and suicidal and/or homicidal ideation.

    Second, you can get a combined total evaluation of 70 percent. The VA does not add up your percentages to reach the combined total evaluation. Rather, they multiply them together, so this method can require multiple disabilities to be increased to reach 70 percent. You can also seek service connection for additional disabilities. For example, if you have sleep apnea and use a C-PAP machine, you may receive a 50 percent evaluation for that condition alone.

    The Basic Criteria Of The 70 Percent Ptsd Rating

    How a 70% PTSD Rating Can Get You to 100%

    A veteran rated at the 50% level for service connected PTSD is experiencing the manifestations of the cognitive deficiencies that are a hallmark of this condition. He or she is also experiencing an increased frequency, chronicity and severity of the mood-associated symptomatology.

    But at the 70% level, things have become markedly more serious. Lets take a look at the language of the 70% rating criteria:

    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 spatial disorientation neglect of personal appearance and hygiene difficulty in adapting to stressful circumstances inability to establish and maintain effective relationships70%

    Bottom line: the 70 percent PTSD disability rating is an important jumping off point. It is where the symptoms of PTSD have manifested into deficiencies in most areas of life: work, school, family, etc.

    Lets take a deeper look at 3 critical points you will need to know if you are trying to get a 70% VA PTSD rating.

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