Permanent Rating for Mental Health Condition

Question

Jim,
I am fighting with the VA over my P&T. They have me at temporary 100% for my PTSD, and have said that they feel it will get better, even though it has only gotten worse over the past 8 years. As soon as I got to South Carolina, I had my PC put in a consult to get my therapy going, and the consult sat for two years. If it wasn't for the fact that one of my friends works for WWP I wouldn't be getting any counseling. I have even done residential treatment, where my therapist wrote a letter to the VA saying that I needed to be put at P&T and why. The VA is now, for the third time in about a year, making me do another C&P exam. Whats it going to take for them to realize that this is serious and that they are toying with mine and my family's lives? I keep being told that no matter what my complaint is that is service connected that I am too young to have this or that. I am 36, have been hit by two IEDs and have a TBI. I have had three shoulder surgeries and having a second neck surgery, but yet I am too young to have these ailments. What do I do to get the VA to stop screwing with me?
Thank you for reading,
B.H.

Jim's Reply

Well, I have a sort of mixed bag of news for you. First up...your situation is much the same as tens of thousands of others. The VA is a mess and it takes some getting used to. Getting angry with VA is a waste of your time & energy. You may as well get angry with a stop light. Figuring out how to make the best of it is the way to go.

The issue of a permanent rating for mental health conditions is one I hear about every day. VA has rules and regulations, based in law, that tell them that many mental health (and a lot of other) conditions will improve with time and therapy. VA does like many other entities that deal with disabling conditions and they don't want to label a young (under 55) person as totally and permanently disabled if there is any chance of a return to mainstream work and life. Everyone pretty much agrees that at age 55 that is no longer the case and some ratings are made permanent then. After age 55 it's commonly agreed that there is little chance of the person returning to gainful employment.

We have reviewed this time and again and we recommend that you do not seek or apply for a permanent rating. Wait for it and it will come around eventually. The problem with asking for permanent status is that it triggers a review of your entire folder and places you at risk of a proposal to lower a rating. 

It sounds as if you have fairly complex medical issues and that means that getting it right at VA is going to take some effort and patience by you. If you're in the South Carolina health care system, I may be able to help. Email me <[email protected]>

If you're having issues filing claims or need help with appeals, email me and I'm glad to help by walking you through some of the steps. With patience and a lot of time, you'll get the benefits you earned with your honorable service. Patience isn't easy when we are dealing with PTSD but it's an absolute necessity. Be patient, be smart, get your ratings straight.

 

Jim 

 

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