PTSD Issues etc. Help/advice

murphy

PEB Forum Regular Member
PEB Forum Veteran
I made a previous post but I thought I would talk about the situation in depth to help you better understand and give advice.


I was deployed for 2 years straight. I saw a pal get his face blown off and had to clean out the vehicle. I had mortars coming in on a normal basis and feared for my life quite often. It was a scray scenario being on guard checking for bombs etc. It was horrible.

Now I am in the situation where I don't hang out with people because I can't stand people at all. My wife won't let me drive her and the kids because I become abusive on the road when people drive like idiots and I feel like I want to kill them. It's very bad. I never leave the house now because I hate putting myself in situations where I have to be near people or open up or talk to them.

I cant tolerate loud noises of any kind. I makes me mad as hell and I will literally boil to the point where I start throwing things and beating walls, kicking doors etc. It's not like I sued to be for sure. It's like I rage all the time over dumb things. I panic quite often more so when its dark outside.

I am still in service and I do ok at work (Because I don't talk to anyone unless I have to.) I pretty much only talk to people who I have been around for a long time because I have major trust issues

I forget where I put things - Wallet, car keys clothes and uniform parts. I get very angry at my wife and blame people if its missing. I forget what I was doing and it takes me quite a bit to get back to it on what I was doing. I also have trouble remembering commands that are given to me while at work (If it's more than 1) I feel as if im dumb and shit is just that jacked up. Kinda like a I don't care attitude because no one else cares.

Nightmares atleast 3x+ a week (Even with this medication they put me on)

I do not like telling people my business if im right in front of them unless I trust them. So, I went to the VA for PTSD appt 8 months back. The doc wasn't bad. He asked me questions etc and I told him lightly what was up. I don't know the dude. I took the test quickly and got a gaf score of 57-60.

My wife got mad as hell at me aroudn some point and told me to go to the doc. I did and had been seeing a therapist now for 9 months.. It recently has been getting very bad with my anger etc. A certain doctor here does an addendum (Which I only met him once) and I did the same thing that I did at the VA doc because I dont trust them at all and will only give them basic info or not the entire severity of the situation. I have a big thing about crying in front of people etc.


So they said that I was mild to moderate in my PTSD and it doesnt affect social or work and I have a good outlook for recovery.


Anyways, The doc here said he would revise the addendum when I took tests if it showed that I was worse off than he thought. We just got the tests back from my other doc and he says it is severe. He also said he thinks people my score high on these tests if they are looking for help, but he says that isnt always the case. He called my wife at home and went over with her on what I did from home.

Now Im kinda scared to go to that doc LOL! because she aint one to let things back. She told him everything.


Anyways, this is the thing. If the VA doc said I was mild, good etc etc and my doc here on post revises the addendum to severe.... Won't the army and the VA still rate me around 0 - 10%? The VA goes 100% by what the VA doc says yes?

I was told this by my VA rep: Sir, if you have worse issues with your conditions now than you did when you went to the VA, the VA will rate those fully when they pull your med packets for final rating after you approve the rating they give you first. Make sense?


Anywho - It says my PTSD isnt a service kick out condition. Though it may now I dont know. I am curious on what you guys think. if my social issues are messed way the heck up and work is not really what do you think they will do?

Thanks and sorry for the long post.
 

carnelli53

Moderator
PEB Forum Veteran
Registered Member
murphy,

Welcome to the forum, I commend you for being honest and open about your experiences.

PTSD is based on degrees of occupational and social impairment:

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

Based on your symptoms, it seems you easily fall under the criteria for 50%. Even at a lower rating, you will be placed on the TDRL with a 50% rating in accordance with 38 CFR 4.129. I don't know what caused the doctors to underestimate your symptoms, but that seems to be what occurred.

Be sure to seek out all available means of help available to you, not only with this forum, but also in receiving treatment for your PTSD. Just like anything else, the sooner you receive help the sooner you can get better.
 

murphy

PEB Forum Regular Member
PEB Forum Veteran
Carnelli,

If the PTSD condition is mild (according to the VA doc) and not unfit. The PEB could still find me unfit for the condition because of recent stuff in my records?

As I look at it now, if they dont the VA will rate between 0-20%. How will I be on TDRL?

Thanks for more explanation.

Murph
 

carnelli53

Moderator
PEB Forum Veteran
Registered Member
What component/branch are you currently serving in? Are you in the DoD/VA pilot program?

If you are undergoing a MEB and PTSD is one of your conditions, the degree of the PTSD does not matter - only that it is unfitting for service matters. 38 CFR 4.129 essentially states that if your PTSD is severe enough to warrant separation from service, you will receive a 50% rating with placement on the TDRL and re-evaluation no later than 6 months from your discharge date.
 

Soldier110

PEB Forum Regular Member
Registered Member
Carnelli,
You stated that a Soldier, per 38 CFR 4.129, essentially states that "if your PTSD is severe enough to warrant separation from service, you will receive a 50% rating with placement on the TDRL and re-evaluation no later than 6 months from your discharge date". 70 % TDRL in Dec 2009 50% PTSD & 30% combined other issues. I did not recieve my first TDRL exam for PTSD until Dec 2009...2 years later. As of today (8/5), no results on the IWA/QTC decision on either the PTSD or Feet/back exam which is no past the 2 1/2 year mark.

Question:
1. The powers to be dropped the ball per 38 CFR 4.129. Do I have any legal recourse? My hope in this proces is to maintain the 50% PTSD rating to PDRL.
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
Carnelli,
You stated that a Soldier, per 38 CFR 4.129, essentially states that "if your PTSD is severe enough to warrant separation from service, you will receive a 50% rating with placement on the TDRL and re-evaluation no later than 6 months from your discharge date". 70 % TDRL in Dec 2009 50% PTSD & 30% combined other issues. I did not recieve my first TDRL exam for PTSD until Dec 2009...2 years later. As of today (8/5), no results on the IWA/QTC decision on either the PTSD or Feet/back exam which is no past the 2 1/2 year mark.

Question:
1. The powers to be dropped the ball per 38 CFR 4.129. Do I have any legal recourse? My hope in this proces is to maintain the 50% PTSD rating to PDRL.
Are you saying your were placed on TDRL in December of 2009 or that was when you had your first re-evaluation?
Are you saying you don't have a VA rating yet?
Based on a lot of people fears with an initial 6 month follow up, you might not feel lucky, but it could be viewed that way. At this point I think you should focus on proving what you want. Find out when your next re-eval should be and prepare for it. Have a lawyer help you prepare so that you can fight for PDRL when the time comes. You have to make the cards you were dealt work to your advantage.
 

Soldier110

PEB Forum Regular Member
Registered Member
pittpan2005...
1. Placed on TDRL in DEC 2009; Re-evaluation in Dec 2011 (Still no response from IWA/DOD)
2. VA Rating in JAN 2008 (40%); Appealled in July 2008 through my American Legion VSO. Currently going to all my VA appointments, VA Meds, and private Docs
3. Yes, agreed with building your hand...doing so pretty well with no lawyer assistance. Speaking of a lawyer proficient in TDRL, do you have a contact with a phone number?
All good...currently in a holding pattern
 

grizz13

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
pittpan2005...
1. Placed on TDRL in DEC 2009; Re-evaluation in Dec 2011 (Still no response from IWA/DOD)
2. VA Rating in JAN 2008 (40%); Appealled in July 2008 through my American Legion VSO. Currently going to all my VA appointments, VA Meds, and private Docs
3. Yes, agreed with building your hand...doing so pretty well with no lawyer assistance. Speaking of a lawyer proficient in TDRL, do you have a contact with a phone number?
All good...currently in a holding pattern
I am glad you fessed up to the severity of your situation with the docs, and even more glad your doc called your wife. These days with the stigma out there, and yes I say it exists still, many like to sugar coat everything on the mental side just to get out of the docs office. In your case it did cause an issue with your claims process, but hopefully in time to be able to get correctly rated. Thank you for sharing your story and I know it is much easier to type than to talk to random people.
I advise you to take the time and vent on this site if you need to, ask a random question, and do your research. There are many here on this site that are going through the same thing as you (I'm one of them) and you are never alone here!;)
 

Soldier110

PEB Forum Regular Member
Registered Member
Thanks Grizz13 for the support. I actually did contact a TDRL attorney and I am in the process of setting up his services just in case the TDRL Outcome is lower than I should expect...so I can react in a rational manner in the 10 day appeal timeframe.
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
Thanks Grizz13 for the support. I actually did contact a TDRL attorney and I am in the process of setting up his services just in case the TDRL Outcome is lower than I should expect...so I can react in a rational manner in the 10 day appeal timeframe.
You are under Legacy so it's not a 10 day window, but 15. I consulted with a lawyer prior to re-evlauation so we sent a memo to the PEB with my medical records, etc. It was helpful because if you are continued on TDRL, you can't demand a FPEB. Just some random info to think about.
 

Soldier110

PEB Forum Regular Member
Registered Member
Yes understood. Looking at a TDRL Lawyer to employ...not sure to do so now or take a "wait and see" approach based on the move that the DOA takes with the TDRL Re-exam results/decision. Anyways, told it will cost in the 10-15k ballpark upfront for a tdrl lawyer. My goal is to keep the TDRL rating of 70% to PDRL.
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
Yes understood. Looking at a TDRL Lawyer to employ...not sure to do so now or take a "wait and see" approach based on the move that the DOA takes with the TDRL Re-exam results/decision. Anyways, told it will cost in the 10-15k ballpark upfront for a tdrl lawyer. My goal is to keep the TDRL rating of 70% to PDRL.
My guess is it's a firm out of Virginia Beach? In my opinion not worth it. If you want a run down of lawyers I'll give you my opinion in private message, but 10-15k is insane. I hope that involves all TDRL re-evaluations, appeals, Federal Court, etc. Otherwise highway robbery in my opinion.

Once again, just my two cents.
 

grizz13

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Yes understood. Looking at a TDRL Lawyer to employ...not sure to do so now or take a "wait and see" approach based on the move that the DOA takes with the TDRL Re-exam results/decision. Anyways, told it will cost in the 10-15k ballpark upfront for a tdrl lawyer. My goal is to keep the TDRL rating of 70% to PDRL.
That amount of money is stupidly insane! Go with Pitt's advice or PM Jason and/or Maparker to get you a better lawyer!
 

Soldier110

PEB Forum Regular Member
Registered Member
Pittpan and Grizz...thanks for the advice. Nothing has been finalized just looking at options. Based on your responses, crazy cash for them TDRL Lawyer group that I contacted.

Pittpan, if you can give a rundown of lawyers to choose from (if needed) would be much appreciated. Please send in the private message format
 

pittpan2005

PEB Forum Regular Member
PEB Forum Veteran
Pittpan and Grizz...thanks for the advice. Nothing has been finalized just looking at options. Based on your responses, crazy cash for them TDRL Lawyer group that I contacted.

Pittpan, if you can give a rundown of lawyers to choose from (if needed) would be much appreciated. Please send in the private message format
Sent
 

jbar2525

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Who do I go to about PTSD symptoms? I am a recruiter in Houston and am 3 hours from the nearest Army Post. Do I call military one source? See a civilian doctor??? HELP!
 

usafaviator

PEB Forum Regular Member
PEB Forum Veteran
Call your nearest post Tricare office and request an appointment with a doc that is local to you (probably require a referral). If, after explaining your situation and distance from the nearest military MTF, they refuse to approve a local referral, you may be stuck having to make an appointment with a military doc at the nearest MTF. Typically, behavioral health type issues get dedicated attention, but you never know.
 
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