I have posted before but there have recently been new developments. My husband was medically retired TDRL for Gad at 50%. He tried to work and completely lost his mind and become very depressed, daily panic attacks,etc. He quit after five weeks of suffering. I went with him to VSO to fill out an increase for his rating since he obviously cannot work. He just had a C&P exam on Friday and I felt like it went well. I was able to go and tell the doc what’s going on. My husband doesn’t eat until 2:00pm, cannot put dishes up, literally leaves them on the floor and my kids (our kids) spill it and make an even bigger mess. He sleeps on the couch and rarely helps with kids and house work. I was wondering for total social and occupational impairment does this mean we would have to be divorced? I still love my husband but many other woman may have left a long time ago. I read the 100% description and think it’s him but he doesn’t drool and he remembers my name. Please help!!
Help! Husband ratings question!
- Thread starter jedmiston7
- Start date
The C&P process is all about ratings. AKA money.
Your challenge is all about quality of life; for you, your children and your husband. Seek treatment! If you are in treatment already; ask the provider to make some changes. If there is no progress in 6 months ask for a different provider.
Your challenge is all about quality of life; for you, your children and your husband. Seek treatment! If you are in treatment already; ask the provider to make some changes. If there is no progress in 6 months ask for a different provider.
Below is how the VA rates mental health. You'll need statements and documentation perhaps letter from his employer or coworkers showing how he meets the criteria below. So with the claim, submit these statements. Google "VA statement in support of claim" there is an actual VA form for this. Also any statements you can get from those he worked with in the military. Unfortunately if no documentation or statements exist, the rater will only have whatever is in the medical record to go on. Good luck.
General Rating Formula for Mental Disorders:
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 (including maintenance
of minimal personal hygiene); disorientation to time or place; memory
loss for names of close relatives, own occupation, or own name 100%
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 (such as unprovoked irritability with periods
of violence); spatial disorientation; neglect of personal appearance and
hygiene; difficulty in adapting to stressful circumstances (including
work or a worklike setting); inability to establish and maintain
effective relationships 70%
Occupational and social impairment with reduced reliability and
productivity due to such symptoms as: flattened affect; circumstantial,
circumlocutory, or stereotyped speech; panic attacks more than once
a week; difficulty in understanding complex commands; impairment
of short- and long-term memory (e.g., retention of only highly learned
material, forgetting to complete tasks); impaired judgment; impaired
abstract thinking; disturbances of motivation and mood; difficulty in
establishing and maintaining effective work and social relationships 50%
Occupational and social impairment with occasional decrease in work
efficiency and intermittent periods of inability to perform occupational
tasks (although generally functioning satisfactorily, with routine
behavior, self-care, and conversation normal), due to such symptoms
as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or
less often), chronic sleep impairment, mild memory loss (such as
forgetting names, directions, recent events) 30%
Occupational and social impairment due to mild or transient symptoms
which decrease work efficiency and ability to perform occupational
tasks only during periods of significant stress, or; symptoms controlled
by continuous medication 10%
A mental condition has been formally diagnosed, but symptoms are not
severe enough either to interfere with occupational and social
functioning or to require continuous medication 0%
General Rating Formula for Mental Disorders:
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 (including maintenance
of minimal personal hygiene); disorientation to time or place; memory
loss for names of close relatives, own occupation, or own name 100%
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 (such as unprovoked irritability with periods
of violence); spatial disorientation; neglect of personal appearance and
hygiene; difficulty in adapting to stressful circumstances (including
work or a worklike setting); inability to establish and maintain
effective relationships 70%
Occupational and social impairment with reduced reliability and
productivity due to such symptoms as: flattened affect; circumstantial,
circumlocutory, or stereotyped speech; panic attacks more than once
a week; difficulty in understanding complex commands; impairment
of short- and long-term memory (e.g., retention of only highly learned
material, forgetting to complete tasks); impaired judgment; impaired
abstract thinking; disturbances of motivation and mood; difficulty in
establishing and maintaining effective work and social relationships 50%
Occupational and social impairment with occasional decrease in work
efficiency and intermittent periods of inability to perform occupational
tasks (although generally functioning satisfactorily, with routine
behavior, self-care, and conversation normal), due to such symptoms
as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or
less often), chronic sleep impairment, mild memory loss (such as
forgetting names, directions, recent events) 30%
Occupational and social impairment due to mild or transient symptoms
which decrease work efficiency and ability to perform occupational
tasks only during periods of significant stress, or; symptoms controlled
by continuous medication 10%
A mental condition has been formally diagnosed, but symptoms are not
severe enough either to interfere with occupational and social
functioning or to require continuous medication 0%
Sorry I just reread your post. I now understand that you understand the way these are rated. I don't personally know anyone who is rated 100% for mental health alone. While the bar seems high for 100%, remember he doesn't have to show ALL of the 100% criteria, but it's important to document as many of them that he has shown.
I was originally rated 50% for mental health and I was able to appeal (VARR) and get it increased to 70% by things such as those statements I mentioned. I had 4 coworkers in the military fill them out as well as my wife. I was able to document all but 3 of the 70% criteria. It was approved.
Also keep in mind any other service connected issues he might have to help raise his overall percentage. Does he have sleep apnea? If so get a sleep study done, if any other medical issues, get them rated too. There are many paths to 100%. It doesn't have to all be one condition.
I was originally rated 50% for mental health and I was able to appeal (VARR) and get it increased to 70% by things such as those statements I mentioned. I had 4 coworkers in the military fill them out as well as my wife. I was able to document all but 3 of the 70% criteria. It was approved.
Also keep in mind any other service connected issues he might have to help raise his overall percentage. Does he have sleep apnea? If so get a sleep study done, if any other medical issues, get them rated too. There are many paths to 100%. It doesn't have to all be one condition.
If your husband is rated at 50% for GAD, which I am assuming is both VA and DOD, and say he gets rated at 70% for mental disorder then his VA ratings would round up to 90%. He could then file for IU, Individual Unemployability, through the VA and get paid at the 100% rate if approved. Not sure if you can file IU while on TDRL, maybe someone can chime in on this.
The answer to your specific inquiry is no!
At this particular point in time, you will have to wait for the results of that most recent DoVA C&P Examination via the forthcoming DoVA decision letter which will be issued by the DoVA Rating Agency. As such, the DoVA Rating Agency shall review the entire VA claim file of your husband in order to make their final VA rating decision for the mental disorder; it should not be based upon the C&P Examination results alone at least from my experiences with the DoVA Rating Agency.
In retrospect from an U.S. Army perspective, I was placed onto the DoD military TDRL for PTSD with a DoD 50% rating. Within six months of being on the TDRL, I had my DoVA C&P Examination for PTSD which was performed by a civilian contractor mental healthcare provider via the DoVA VBA. The results of the DoVA C&P Examination for PTSD yielded a DoVA 70% rating by itself. But, the DoVA Rating Agency issued a DoVA 100% rating for PTSD due to the medical evidence and/or medical documentation within my entire VA claim file closely matched the 38 CFR VASRD §4.130 Schedule of ratings—Mental disorders criteria for "total occupational and social impairment" at that time.
So, in short, my DoVA(DoD) 50% rating for PTSD increased to a DoVA 100% rating for PTSD within six months of being placed onto the DoD TDRL. Sadly, while on TDRL, the DoD LDES PEB refused (via multiple FPEB hearings) to increase my DoD 50% rating for PTSD to a DoD 100% rating for PTSD; that's one key factor in my opinion as to why I am still on TDRL for the past 3.8 years. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
Thank you all for the responses. I will update as we learn more. I know he is unable to work. The VSO told us we should apply for an increase and then apply for TDIU. I am hopeful that the VA will prompt us to fill out this form if they rate him at 70. Otherwise it is such a long process. We also have an ssdi ALJ hearing scheduled for September. It pains me to see my husband suffering so much. He goes to counseling once a week and is taking a lot of medicine. I thought if he stopped working he would be okay, but he isn’t. He is now easily angered and forgetful. He goes into a room and doesn’t remember why. He often misses his exit when he is driving. I will continue to advocate for him because he will not advocate for himself.
He does not have sleep apnea. He did a sleep study but he does have trouble sleeping and snores a lot. He has a bad back as well.
Update! My husband’s VA increased to 70% for GAD and 80% overall. We then went back to VSO to apply for tdiu and this guy said we should have applied when we applied for an increase. I told him that the other VSO told us to get 70 and then apply for tdiu. My husband has his ssdi ALJ hearing next month. Any advice?? Do you think with a 70% mental health rating he will get ssdi? Please any advice would be appreciated!
Update! My husband applied for IU and it went from "Under Review" to "Closed" in one day. I am very confused. The overall process was 3/8-3/15. They also said under documents, that the employer form was no longer needed. Is this good or bad? One more thing, it says "Claim complete" but it does not yet say "Decision Notification sent". Is there a lag and if so how long? I don't know what this means...
My husband was granted TDIU Permanent and Totally Disabled in November, 2018. We are very relieved about this result, as it has been a very difficult journey for us. He reapplied for SSDI after we learned he got TDIU. He was denied at the initial and reconsideration phase and we had an ALJ Hearing July 12, 2019. His case has been "expedited" as he is a permanent and totally disabled veteran, but unfortunately we have heard nothing about the judge's decision. I don't see why he was initially denied and if he is denied by the judge I just don't understand. VA is saying that he cannot work and SSDI has another view. I worry because we haven't heard anything. Any ideas of how long this takes? Also, if he is denied should we do the Appeals Council, or just reapply?
Please help!!
Please help!!