B Medical Conditions Which Are To Be Included In Entitlement/assessment
NOTE: If specific conditions are listed for a category, only these conditions are included in the entitlement and assessment of Posttraumatic Stress Disorder. If no conditions are listed for a category, all conditions within the category are included in the entitlement and assessment of Posttraumatic Stress Disorder.
- Other Trauma- and Stressor-Related Disorders
- Anxiety Disorders
How To Obtain Permanent And Total Ratings
Once again, we want to start this section with a disclaimer. The VA does not hand out 100% P& T PTSD ratings left and right. You will only earn a 100% P& T PTSD rating if you truly deserve it. Permanent and Total ratings are given to veterans if their medical evidence shows that it is reasonably certain their conditions will not improve during their lifetime.
Younger veterans will find obtaining a 100% Permanent and Total PTSD rating is difficult. If you are under 55, the VA is less likely to grant a 100% Permanent and Total PTSD rating. The VA feels that many veterans with PTSD will heal some with treatment. If you are treating for PTSD, we highly encourage you to save all your medical records. If you treat for PTSD for years and your condition does not improve, you could be considered for a Permanent and Total PTSD rating.
There are certain combinations of injuries that render many veterans eligible to receive a Permanent and Total rating. If a veteran has injuries to both hands or both feet, they are more likely to receive a Permanent and Total rating. Veterans with injuries to one hand and one foot are more likely to obtain a Permanent and Total rating as well. Eye injuries and sight problems are often eligible for a Permanent and Total rating. Veterans that have become bedridden or permanently helpless are also considered for a Permanent and Total rating.
Veteran benefit attorney Mike Woods explains how the VA determines permanent and total ratings:
What Are The Other Eligibility Requirements For Ssdi Benefits
Proving that your PTSD is severe enough to be considered a disability is only half of the battle. You will also need to meet the SSAs work credit requirement.
You earn work credits by working and earning income. In 2020, you will be awarded one work credit for every $1,410 of income you earn. But you cannot earn more than four work credits per year regardless of your income.
You must have enough work credits on your record to qualify for SSDI benefits. The number you will need will depend on the age at which you became disabled. But in general, the younger you are, the fewer work credits you will need to qualify.
If you are considered disabled and meet the work credit requirement, the SSA will approve your application for SSDI benefits for PTSD.
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Disability Tax Credit Case Studies
At Disability Credit Canada, we are always out for our clients best interest and use our vast knowledge and many years of experience to formulate the best case possible.
To give you a good idea of what working with a DTC firm can do when applying for the tax credit, we have highlighted some of the more recent cases we have worked on that succeeded.
Here are some examples of DTC cases we have worked on in the past:
What About Incorrect Rating Decisions
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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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.
Disability Income From Other Sources
If you are receiving disability income from other sources, such as a private insurer or a provincial/territorial program, you may still be able to receive the CPP disability benefit. However, these other sources may change their payments if you are approved for the disability benefit through the Canada Pension Plan.
Contact your insurance company or social assistance program for details about your case.
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Appealing The Denial Of Your Disability Tax Credit Application
- You can call the CRA and request further clarification on your application.
- You can write the CRA and request a review of your application. In such a case, you should also include any new or updated medical report or letter from a medical practitioner who is familiar with your situation.
- You can appeal the CRAs decision by raising a formal objection within 90 days of the CRA sending you a Notice of determination.
- You can submit a fresh T2201 form using new information about your impairments and/or use a different medical practitioner with more specific knowledge and a better understanding of your impairment and/or the DTC eligibility criteria.
FIND OUT IF YOU ARE ELIGIBLE TO RECEIVE THE DISABILITY TAX CREDIT!
| $4,198 |
Jyquan 18 From Ontario Suffering From Adhd & Learning Disability
Jyquan learning disability was diagnosed when he was 6. He has severe memory problems, he neglects hygiene, cannot make appropriate decisions/judgments, does not perform daily living skills and has history of violence. Disability Credit Canada had to interview his parents, teachers and review his medical history carefully as we prepared the initial DTC application and helped with the questionnaire sent to the medical practitioner by the CRA.
Jyquan was found eligible for the Disability Tax Credit from 2007-2019 and his parents received $22,070 in retroactive credits and benefits.
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What If I Receive Other Benefits For My Disability
SSDI is not the only benefit you can receive when you are disabled. You may receive coverage under another federal or state disability program, or maybe you had the foresight to take out a disability policy from a private insurance company. Depending on their source, these payments may affect your monthly SSD benefit amount.
Benefits from private insurance policies do not affect your SSDI benefit amount. However, if you receive other government disability benefits, they might affect your SSDI.
The SSA does not allow you to earn more than 80% of your previous average income in government disability benefits. So if your other benefits push you above this threshold, the SSA reduces your SSDI accordingly. That said, two types of government benefits will not reduce your SSDI amount: SSI benefits and veterans disability benefits.
Get A No Obligation Free Legal Consultation Today
If you, or someone you love, are suffering from Post-Traumatic Stress Disorder and you want help applying for SSD benefits, or if your application was denied, contact us right away.
Remember, you have only 60 days to file an appeal.
Hiring an attorney may mean the difference between whether or not you collect SSD benefits. Trust our experienced attorneys to get you the money you deserve
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Ruta 55 From Ontario Suffering From A Depressive Disorder
Rutas major depressive disorder was diagnosed in 1998 and she became drug resistant 6 years ago, due to her severe mental disorder, Ruta cannot perform daily living activities and cannot make appropriate decisions or judgments. In order to approve Rutas DTC the CRA requested additional information from her physician. Disability Credit Canada reviewed the medical history again and worked with the Dr. to provide the CRA with the information they requested.
Rutas DTC was approved, she was found eligible for the DTC from 1986-2023 and received $16,135.76 in total retroactive refund.
How Likely Is Ptsd For Veterans
The likelihood of a veteran being diagnosed with PTSD is difficult to pin down, but studies do show the severity of PTSD is at least higher for veterans than it is for non-veterans.
One study by Miriam Reisman states the percentage of Iraq and Afghanistan war veterans suffering from PTSD can range anywhere from 13.5% to 30%, depending on where the statistics are gathered.
Similarly, another study found at least half a million veterans of those wars were diagnosed with PTSD. Combat veterans are naturally in situations that are more likely to produce trauma than non-veterans, but that still doesnt give us an accurate likelihood of developing PTSD.
Its too difficult to say due to how differently each person reacts to trauma. According to the National Alliance on Mental Illness, however, 37% of people diagnosed with PTSD are said to have severe symptoms, and women are specifically more likely to be affected than men.
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The Many Causes Of Ptsd
To qualify for disability benefits for PTSD, you should provide sufficient medical documentation of a stressor event. Some cases of PTSD involve experiencing traumatic events such as physical assaults or muggings, terrorist attacks such as 9/11, natural disasters such as tornados, civil conflicts, or catastrophic events like car crashes or explosions.
Complex cases of PTSD may also involve traumatic and long-term physical, psychological, or sexual abuse, such as:
- Neglect
- Living as a Prisoner of War
- Living and fighting in a war zone
- Surviving concentration/internment camps
Compensation And Pension Examinations For Ptsd
As discussed above, veterans must show a link between their PTSD and military service in order to receive disability compensation. When it comes to establishing a medical nexus opinion, VA will likely order a Compensation and Pension examination to evaluate the veterans symptoms and the severity of their condition. The doctor will then determine whether the veterans PTSD is at least as likely as not related to their military service. During a C& P exam for PTSD, the medical examiner may complete a Disability Benefits Questionnaire .
A DBQ uses checkboxes and standardized language so that the disability evaluation can be made quickly and correctly. Specifically, healthcare providers will check a box next to a description that most accurately depicts the disability in question in this case, PTSD. However, it is important to note that a DBQ will not be used if the veteran is undergoing an initial PTSD evaluation.
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Disability Compensation For Veterans With Ptsd
The VA will acknowledge PTSD is a service-related disability provided you can verify that your PTSD symptoms are directly linked to your military service. The VA considers the following scenarios to be traumatic events, or stressors, in a veterans claim for disability benefits based on PTSD:
- you sustained serious injury, personal or sexual trauma, or sexual violation, or
- you were threatened with injury, sexual assault, or death
The VA reports that PTSD is the leading mental health issue suffered by troops returning home from combat. As stated by the VAs National Center for PTSD, many veterans of recent combat operations experience PTSD, including:
- 11 to 20 out of every 100 veterans who participated in Operations Iraqi Freedom or Enduring Freedom
- 12 out of every 100 Gulf War Veterans who participated in the Gulf War
- 30 out of every 100 Vietnam veterans who participated in the Vietnam War had PTSD in their lifetime.
- PTSD can relate to a traumatic sexual event. A distressing number of veterans have suffered sexual assault, abuse, and harassment while serving in the armed forces, referred to as military sexual trauma .
Eligibility for disability benefits for PTSD from the VA is based on the following:
Remember, if you are a veteran diagnosed with PTSD, you may qualify for VA compensation, Social Security Disability Insurance benefits, or both.
About Marc Whitehead
Va Disability Compensation For Ptsd
Posttraumatic stress can happen after someone goes through a traumatic event such as combat, an assault, or a disaster. Most people have some stress reactions following trauma. But if the reactions dont go away over time or they disrupt your life, you may have posttraumatic stress disorder . Find out if you can get disability compensation or benefits if you have symptoms of PTSD.
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Do Veterans Need To Have All Of The Symptoms Listed To Receive A Ptsd Rating
As mentioned above, the General Rating Formula for Mental Disorders includes a large number of symptoms for each disability rating. Importantly, a veteran does not need to exhibit every symptom named in the PTSD rating scale in order to qualify for a specific rating. For example, a veteran who only experiences suicidal ideation and near-continuous panic or depression still falls under the 70 percent PTSD disability rating according to VA law.
Specifically, the Court of Appeals for Veterans Claims case, Mauerhan v. Principi, established that the symptoms listed in Diagnostic Code 9411 are not intended to constitute an exhaustive list, but rather serve as examples of the type and degree of symptoms, or their effects, that would justify a particular rating. Therefore, a veteran can have any number of the symptoms listed in the rating criteria and still meet that level of evaluation.
What Is The Disability Tax Credit
The Disability Tax Credit is a non-refundable tax credit created by the Canadian Government and Canada Revenue Agency and its purpose is to reduce the amount of income tax Canadians with disabilities and/or their families and supporters would have to pay annually hence assist with the various financial implications and expenses of having a disability or a substantial impairment. The DTC also provides an extra credit/refund if the person found eligible is under 18 years of age at the end of the year.
The tax credit is broken down into Provincial and Federal amounts, with the Federal portion being the same across the country and the Provincial percentage varying from Province to Province.
To be found eligible for DTC, you must experience difficulty performing activities of daily living such as walking, feeding yourself, hearing, speaking, or other debilitating conditions that affect day-to-day living.
After you are found eligible for DTC, many other federal, provincial, or territorial programs such as RDSP, Canada Workers Benefit, and the Child Disability Benefit are available to you.
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Get Free Legal Advice On Ptsd Claims
Within this guide, we will discuss the common symptoms of post-traumatic stress disorder, what types of accidents could cause a person to suffer and what settlement amounts a victim could be entitled to.
And well tell you how our post-traumatic stress disorder solicitors can help you recover PTSD compensation. Get in touch with us anytime about post-traumatic stress disorder compensation claims in the following ways:
- Giving us a call on
- Writing to us about your PTSD case by using our claim online form
- Or discussing your post-traumatic stress disorder claims by heading here.
Va Disability Pay Chart Expectations For 2022
The announcement for the following years’ change in COLA doesn’t typically come out until October. However, based on the Consumer Price Index, VA disability pay could increase anywhere from 5 to 6 percent in 2022.
We will update our charts here accordingly when the numbers are finalized.
FOOTNOTES:
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How Do I Claim Disability For Ptsd
The specific department to submit to is the Compensation and Pension Service within the Veterans Benefits Administration . You can also file a claim online at the VAs website at www.ebenefits.va.gov. You must also be seen by a psychiatrist a VA medical facility so that the psychiatrist can diagnose you with PTSD.