How To Keep Your Ptsd Rating
To reduce the chances of the VA decreasing your PTSD rating, make sure to stay consistent with your treatment. The most effective current treatments for most PTSD cases are selective serotonin uptake inhibitors and therapy. Medication can help you deal with your symptoms so that you can continue to live a happy and fulfilled life. Meanwhile, therapy gives you a safe environment to process your trauma and move towards long-term recovery.
If you feel that your disability rating is too low, we can help. We have decades of experience helping Veterans with PTSD increase their disability ratings and get the benefits they deserve. We can help you put together a strong case to present to the VA to get an increased rating.
While the regulations employed by the VA often feel like a hindrance to a Veteran looking to get the benefits they need, our attorneys know how to make these rules and guidelines beneficial rather than harmful to Veterans. We can help you get your rating to accurately reflect your condition. Let us focus on the legal battle so you can continue your recovery with the support that you need and deserve.
The Difference Between Ptsd And Stress
Not everyone who has experienced a traumatic event will develop PTSD. After a traumatic event, it is normal to have strong feelings of anxiety, sadness, or stress. Some people may even experience nightmares, memories about the event, or problems sleeping at night, which are common characteristics of PTSD.
However, these symptoms do not necessarily mean that you have PTSD. Think of it this way: Headaches can be a symptom of a bigger problem, such as meningitis.
However, having a headache does not necessarily mean that you have meningitis. The same is true for PTSD. Many of the symptoms are part of the body’s normal response to stress, but having them does not mean that you have PTSD.
There are specific requirements that must be met for a diagnosis of PTSD. These requirements are outlined in the 5th edition of the Diagnostic and Statistical Manual of Mental Disorders .
Va Rating Criteria For Ptsd
With the exception of eating disorders, VA rates all mental health conditions under the same criteria. VA uses 38 CFR § 4.130, the General Rating Formula for Mental Disorders, to rate mental health conditions at 0, 10, 30, 50, 70, or 100 percent.
The criteria for each rating are as follows:
- 100 percent 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.
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Can The Va Reduce A Ptsd Rating Over Time
The VA anticipates that Veterans suffering from certain conditions, including PTSD, will see improvements as time passes. If the VA thinks that your situation has improved, they may decrease your disability rating and, consequently, your benefits. VA disability payments are designed to help compensate for current limitations, so if the limitations are no longer applicable, the VA can take away the payments.
There are a few factors that can make it tough to maintain your disability rating. These factors may put you at greater risk of having your rating reevaluated and decreased by the VA:
Understanding The Va Disability Rating For Ptsd
The VA assigns benefit applicants a disability rating based on the severity of their service-connected condition. The VA disability rating determines how much disability compensation the veteran receives each month, as well as their eligibility for other VA benefits.
A 100% disability rating means the veterans physical and/or mental disability makes it impossible for them to maintain substantially gainful employment. The VA defines substantially gainful employment as employment that people who are not disabled ordinarily undertake to earn their livelihood and which pays at a rate common to that particular occupation.
The VA rates veterans with disabilities due to mental disorders as 10%, 30%, 50%, 70%, or 100% disabled.
Under federal law, a veteran who is released from active military service because of a mental disorder that develops in service as a result of a highly stressful event, such as PTSD, is automatically assigned a disability rating of 50% and reexamined in six months.
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What Qualifies For A 10 Percent Ptsd Rating
The lowest rating the VA awards for a PTSD diagnosis is 10 percent. If you receive a 10 percent rating, it means the VA thinks your PTSD causes only mild occupational and social impairment. They recognize that you may not be able to work as effectively, but they believe this is only during periods of significant stress.
If you receive a 10 percent rating and believe it is too low, you may not have provided enough evidence showing how much your condition disrupts your work life. The VA may also award this rating if you can control your symptoms with continuous medication use. If this is the case, your rating may be fair, even if your symptoms are more severe when youre off your medication.
When To Seek Legal Help
PTSD can be debilitating and life-altering. If you are struggling with PTSD and you feel that you are entitled to disability compensation benefits, you dont have to fight this battle alone. Contact an attorney that is experienced with VA disability benefits today. An experienced lawyer will be able to review your case and give you advice on the proper steps to take in order to get the benefits that you deserve.
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Common Stressors For Veterans With Ptsd
A stressor is another word for the trauma which can cause post-traumatic stress disorder or PTSD. For veterans, stressors could relate to exposure to danger, an injury, or an assault. Generally, VA categorizes stressors as combat-related or non-combat-related. Below are some examples of both types of PTSD stressors.
Present A Current Diagnosis Of Ptsd
The first step to receiving VA benefits for PTSD disability requires the veteran to have a current diagnosis. A psychiatrist, psychologist, licensed social worker, or other mental health care practitioner must diagnosis the veteran with PTSD. Additionally, the diagnosis must conform to specific criteria.
Its important that the diagnosing doctor provides a report that fully describes why they feel that the veteran has PTSD and how the veterans symptoms meet the specific criteria. All of this medical evidence must show that it is as likely as not that the veteran currently has disabling PTSD.
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What The Va Does During A Re
A PTSD review examination is almost identical to the Compensation and Pension examination that you underwent when you first applied for PTSD. The examiner will be focused on learning the current severity of your symptoms and whether they have remained the same, improved, or worsened.
Only certain health care providers can re-evaluate for PTSD. They can be a board-certified or eligible psychiatrist, a licensed doctorate level psychologist, a doctorate level mental health provider who works under close supervision of a board-certified or eligible psychiatrist or licensed doctorate level psychologist, a psychiatry resident under close supervision of a board-certified or eligible psychiatrist or licensed doctorate level psychologist, a licensed clinical social worker, a nurse practitioner, a clinical nurse specialist, or physicians assistant under close supervision of a board-certified or eligible psychiatrist or licensed doctorate level psychologist.
The re-evaluation of your PTSD should include the following:
Applying For Mental Health Disability
Many veterans often feel ashamed of their mental health disorders and sometimes under-report their symptoms because they dont want to appear weak or damaged.
It is important to remember that it is OK to ask for help when you need it. The VA recognizes that service in the military can take a toll on mental health, which is why benefits are available for mental health disorders.
To apply for VA disability compensation for PTSD, you need to first file a claim through the VA. If you need help applying for VA disability compensation for the first time, we can help guide you through the process at no charge.
After the VA reviews your claim, you will receive a rating decision letter that outlines your disability rating and your monthly payments. If you disagree with the VAs decision, you can appeal it within one year of the decision date. If you need help appealing a decision, a veterans benefits attorney can help.
In this video, one of our VA disability lawyers talks about the VA rating formula for mental disorders and disabilities like PTSD.
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When Can Va Reduce Ptsd Ratings
Legally, VA is able to reduce PTSD ratings, but must follow specific rules when doing so. The idea behind rating reductions is that some service-connected conditions, in this case PTSD, will improve over time or with treatment. As such, VA wants to ensure it is compensating each veteran according to their present level of disability. VA normally starts the process of reducing a rating under two circumstances:
- Scheduled re-examinations. Usually, VA will evaluate whether your disability should be scheduled for a future re-examination to determine if your benefits need to be adjusted. VA usually makes this determination if they believe your disability can be expected to improve. Typically, the first re-examination will be scheduled 2-5 years from the date of your first Rating Decision.
- Evidence of change in condition. VA can also order a re-examination at any time if there is new, relevant medical evidence that your disability has improved.
Va Disability Rating For Ptsd: What Veterans Can Expect
For hundreds of thousands of veterans, the stress and trauma they experienced because of their service dont go away after theyve been discharged. Whether you served in combat or were a victim of military sexual trauma, military service can leave deep psychological and emotional scars that impact occupational and social functioning months, year, or even decades after returning home.
Post-traumatic stress disorder is one of the most common mental disorders in the veteran community, and the U.S. Department of Veterans Affairs recognizes it as a qualifying condition for VA disability benefits. However, the claims process is not easy, which often discourages veterans from pursuing the benefits they need to live a healthier, happier life.
Retired Lieutenant Colonel Karl Truman is a VA disability attorney who served 28 years in the United States Army. He has seen firsthand the effects of military service on veterans and the challenges that they face when living with debilitating mental and physical conditions. As an attorney, he has helped many veterans through the application and appeals processes to secure their benefits.
In this post, well walk through the VA disability compensation process for PTSD, including what kind of disability rating for PTSD veterans can expect.
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What To Do If Va Proposed To Reduce Your Ptsd Rating
Before reducing your VA benefits, the VA is required to send a letter proposing to reduce your benefits. From the date of the letter proposing to reduce your PTSD rating, you have 60 days to submit evidence if you believe the reduction is not warranted. Within the first 30 days of the 60-day period, you also have the option to request a hearing to be conducted by VA personnel unrelated to the proposed reduction. VA must consider all evidence submitted during this timeframe and all previous evidence and medical records associated with your file.
Evidence may include private doctors opinions and records, lay statements from family and friends, and employment records if your PTSD has caused you to miss work on a regular basis. If VA sends a final decision that reduces your PTSD rating, you have the right to file an appeal.
Appealing A Low Or Denied Claim
If you send in an application to the VA and it comes back denied, dont worry. You can always appeal this decision and submit more evidence to support your case. You can also appeal a rating if you feel its too low.
Whether or not you plan to appeal your decision, be sure to hang onto your denial or award letter. This letter will contain important information about why the VA made the decision they did about your case. You can use this to determine what new evidence you need to submit with your appeal.
Here, one of our VA disability lawyers talks about what we do when we appeal your case to the Veterans Administration.
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How Ptsd Ratings Are Determined
In order to determine a rating for PTSD, the VA evaluates factors such as:
- How frequently you experience PTSD symptoms.
- How long you have been suffering from PTSD
- How much your PTSD symptoms impact your life from a social and occupational standpoint.
As you can likely guess, the more severe your PTSD symptoms are, the longer you have been suffering from these symptoms, and the more they affect your personal relationships and career, the higher your rating will be. When making a decision, the VA looks at a specific list of symptoms that can qualify the veteran for a 10, 30, 50, 70, or 100% rating. Although you do not have to experience every symptom on the list for a specific rating, the VA often erroneously dismisses the higher rating. Because the rating schedule fails to completely describe the severity levels of each rating level, this can result in a lower rating than the veterans condition warrants. Here are some of the symptoms of the disability ratings for PTSD:
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.
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Can Ptsd Rating Be Reduced
Home » FAQs » Can PTSD Rating Be Reduced?
Yes, your PTSD rating can be reduced. The U.S. Department of Veterans Affairs can lower your disability rating and reduce your monthly benefits for PTSD if it finds evidence that your condition has improved. But it must follow certain guidelines in doing so.
If the reduction will reduce your monthly compensation benefit, before VA can reduce your disability rating for PTSD , it must send you a notification letter explaining the VAs proposal to reduce you. Upon receipt of this letter, you have the right to request a hearing, where you and your attorney if you choose can argue against a rating reduction, but you must request the personal hearing within the time frame specified on the notice letter. Upon receipt of this letter, you also have the right to submit evidence to the VA but again you must submit the evidence within the time frame specified on the notice letter.
What Does Va Pay In Disability Benefits For Ptsd
Veterans with no dependents who suffer from PTSD will receive the following monthly compensation after obtaining benefits from the VA as of 2019:
- 0% disability rating: $0.00
- 70% disability rating: $1,403.71
- 100 disability rating: $3,057.13
As an individual with a 0 percent rating, the VA recognizes that you have service-connected PTSD, but not to the extent that the condition prevents you from pursuing gainful employment or affecting your daily life activities.
Rather than starting the claim process from scratch if the situation deteriorates, you need to request an increase to your PTSD VA rating for the disability.
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Are You Suffering From Ptsd
Post-traumatic stress disorder, or PTSD, is a condition that affects many Veterans. PTSD develops in the wake of a traumatic, life-altering experience. For a Veteran, intense combat experiences, service-related physical or sexual abuse, and brutal incidents can all lead to the onset of PTSD. When a Veteran has PTSD, they may experience extremely disturbing nightmares and flashbacks. These recollections can make Veterans feel like they are reliving their trauma.
Flashbacks and nightmares, along with the many other devastating symptoms of PTSD, can be crippling. The condition often has a significant negative impact on its sufferers and inhibits their ability to function fully. The VA recognizes PTSD in Veterans as grounds for receiving disability benefits due to the debilitating nature of the condition.
However, its important to remember that PTSD is not a weakness. Anyone can have PTSD after experiencing intense events, even if theyre not in the military. For many Veterans, the most stressful and challenging experiences in life come during their service, and the things many soldiers, sailors, marines and airmen witness are more than enough to leave even the strongest person traumatized.
If you are a Veteran suffering from symptoms that you suspect to be PTSD, theres nothing to be ashamed of. Experiencing the negative effects of trauma does not make you weak. It does, however, mean you may be eligible to receive benefits from the VA.