How Can A Va Disability Lawyer Help Obtain Va Benefits For Depression
As Veterans who serve Veterans, the attorneys at Berry Law Firm recognize that depression is a serious medical condition that can cause Veterans significant disruption in their daily lives and relationships. Veterans with clinical depression suffer from damaging effects on their social and family life and to their ability to make a living. We recognize the need for Veterans to obtain treatment for depression and other psychological conditions brought on by military service or related causes.
At Berry Law Firm, we stand ready to help you appeal denied VA disability claims in order to seek access to the resources that you need to fight depression. We represent Veterans with mental health impairments in VA disability appeals nationwide. Our efforts to protect the rights of disabled Veterans have helped established new VA law to support Veterans. If you have been denied VA disability compensation for depression or your disability rating is too low, we will use our knowledge of the appeals process experience to help you receive a fair and thorough review of your denied claim or inappropriate disability rating.
Veterans With Ptsd Anxiety And Depression
Post-Traumatic Stress Disorder is a disease that can strike years after exposure to the triggering event. We had a client, for example, who had worked successfully for thirty years and then one day he was walking along a street and a car back-fired. Suddenly, he was having flashbacks and nightmares, which eventually led to a long-term admission to a treatment program and disability.
Many people work while suffering from PTSD. In fact, they often feel better while working, due to the daily framework and socialization that work affords. But, if work ends, the PTSD is likely to get worse.
Working with PTSD may make usual workplace interactions difficult. Often a veteran is uncomfortable with people walking behind him or her, and has to be situated so that the veteran can see anyone coming into a room. Noise can also be a problem, not to mention getting along with co-workers. Working with PTSD causes significant changes in the workers needs and abilities.
Other psychological conditions may also be connected with military service.
Anxiety and Depression are common symptoms of PTSD, though they also may be separate diseases without a PTSD diagnosis. Bipolar disease is another example. If the disease arises during military service, or because of military service, the disease is compensable.
Va Disability Benefits For Depression And Ptsd
VA Disability Benefits for Depression and PTSD
What is Post-Traumatic Stress Disorder?
Post-traumatic stress disorder is a psychiatric condition that can present itself in people who have experienced or witnessed a traumatic event. People with PTSD often have intense, disturbing thoughts and feelings related to their experience that lasts long after the traumatic event. These individuals may also relive the event through flashbacks or nightmares and deal with feelings of sadness, fear, or anger by avoiding situations that remind them of the traumatic event.
Symptoms of PTSD fall into four categories:
- Intrusive Thoughts. Repeated, involuntary memories distressing dreams or flashbacks of the traumatic event.
- Avoidance. Avoiding people, places, activities, objects, and/or situations that bring on distressing memories.
- Negative Thoughts and Feelings. Ongoing and distorted beliefs about oneself or others ongoing fear horror, anger, guilt, or shame loss of interest in activities previously enjoyed feeling detached.
- Arousal and Reactive Symptoms. Being irritable and having angry outbursts reckless or self-destructive behavior being easily startles or having problems concentrating or sleeping.
What is Depression?
Depression is mental health condition that affects the way an individual thinks, feels, and acts. Symptoms of depression tend to vary among individuals, but common symptoms include:
Service Connection for PTSD and Depression
PTSD
- Combat exposure
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What Causes Depression In The Military
Veterans and Service members are more likely to suffer from depression due to stress and traumatic events. Stress can be caused by the death of a friend or family member. Combat, injury, natural disasters, or sexual abuse are some of the traumatic events.
% Disability Rating For Ptsd
People at this level have a difficult time establishing and maintaining relationships in the workplace and in social situations. Their PTSD symptoms are often so severe that they will often struggle to perform their work-related duties. They may also experience frequent bouts of anxiety, depression, and even have suicidal thoughts.
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Tdiu For Ptsd And Secondary Conditions
If your PTSD and other related conditions significantly impair your ability to work, you may be eligible for a total disability rating based on individual unemployability .
TDIU allows veterans to receive compensation at the 100 percent rate if their service-connected condition prevent them from securing and maintaining substantially gainful employment.
VA outlines TDIU regulations under 38 CFR § 4.16, which encompasses subsections and . Each subsection describes the ways in which veterans can meet the eligibility requirements for TDIU. In order to qualify for TDIU under 38 CFR § 4.16, or schedular TDIU, a veteran must have:
- One service-connected condition rated at 60 percent or higher or
- Two or more service-connected conditions, one of which is rated at 40 percent or higher, with a combined rating of 70 percent or higher.
If a veteran has a rating for PTSD, and a rating for a secondary condition to PTSD, the secondary rating can contribute to their overall combined disability rating and help to make the veteran eligible for schedular TDIU.
Veterans who do not meet the schedular requirements under 38 CFR § 4.16 may still be considered for extraschedular TDIU under § 4.16. Extraschedular TDIU does not have any rating requirement. If veterans do not meet the criteria for schedular TDIU, VA will determine if their case should be referred to the Director of Compensation Service for extraschedular consideration.
Will Veterans Receive Separate Disability Ratings For Ptsd And Depression
Since all mental health conditions are evaluated using the same criteria, veterans with multiple mental health conditions will likely be assigned one combined disability rating. Similarly, veterans do not need to submit a separate claim for each mental health condition, although they are free to do so if they wish.
Veterans can only be rated for a symptoms functional limitations once. For example, veterans experiencing sleep impairment as a result of their PTSD and depression will only be rated for sleep impairment under the diagnostic code for one condition. The diagnostic code for PTSD is 9411 while the diagnostic code for depression is typically 9434. To have the same symptom considered under more than one diagnostic code is called pyramiding, which VA regulation strictly prohibits.
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Is Ptsd Different From Depression
Yes, PTSD and depression are different.
The first distinction is the cause. A traumatic event triggers PTSD while a variety of causes are linked to depression.
Secondly, some PTSD symptoms, such as extreme fear, are unique to people diagnosed with PTSD and arent common in people diagnosed only with depression.
The challenge is identifying whether your depressive symptoms stem from your PTSD or if it is a separate issue altogether. This is determined on a case-by-case basis and depends on the severity of your symptoms.
A 50% Rating Requires:
Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect circumstantial or stereotyped speech panic attacks more than once a week difficulty in understanding complex commands impairment of short- and long-term memory impaired judgment impaired abstract thinking disturbances of motivation and mood difficulty in establishing and maintaining effective work and social relationships.
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How To Get A Va Rating For Ptsd And Depression
I hope you enjoy reading this blog post.
If you want to learn how to implement these strategies to get the VA benefits you deserve, to speak with a VA claim expert for free.
Veterans, in this post, I break down the VA Rating for PTSD and Depression.
VA claims for PTSD and Depression are rated on the same general scale according to CFR 38, Part 4, Schedule for Rating Disabilities, General Rating Formula for Mental Disorders.
In order to get a VArating for PTSD and Depression, you need to have A medical diagnosis ofboth conditions with a separate diagnosis for each, A clear Nexus to proveservice connection for PTSD and Depression, and Current symptoms of the mentalhealth conditions.
Generally, a veteranwill get rated for only ONE mental health condition.
The reason why veteranswill only have one mental health condition with a rating is due to a legalconcept called pyramiding.
Thus, its unlikely fora veteran to have a VA rating for PTSD AND Depression, however, it is stillpossible as explained below.
Va Ratings For Suicidal Ideation
If you determined that youre eligible and have filed a VA disability claim for mental health, you should know that the VA will rate your disability according to the severity and frequency of your symptoms. The VA uses the General Rating Formula for Mental Disorders as rating criteria when awarding these ratings.
If you suffer from suicidal ideation or near-continuous panic or depression affecting your ability to function, you may be entitled to a 70% disability rating.
However, the VA will need evidence when making a rating decision. The only way that the VA will know about the severity and frequency of your mental health condition is if this is documented in your medical records. It will also help to have lay statements from your friends and family members to show the presence of suicidal ideation. You will be able to submit this evidence in support of your veterans disability claim. Your entitlement to disability benefits may depend on this lay and medical evidence.
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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.
Can You Get Va Disability For Depression As Secondary To Ptsd Or Is It The Other Way Around
While a previous depression diagnosis can make a veteran more susceptible to PTSD, some kind of traumatic event must occur to trigger PTSD. Research does not suggest that depression directly causes PTSD.
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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Va Classified You As Permanently And Totally Disabled
Permanent and total disability is a special classification used by VA when it believes that a veterans condition results in a total disability that is reasonably certain to continue throughout the life of the disabled veteran.
Once you receive this classification, your rating is mostly safe. Only in very rare situations, such as fraud, can VA lower the rating of a veteran who has a permanent and total disability.
Va Disability Ratings For Anxiety Disorders
When we discuss veterans mental health, we typically turn to post-traumatic stress disorder , and for good reason. PTSD is commonly associated with professions that increase the likelihood for individuals to be exposed to traumatic events. Because of this, VA offers extensive services to support veterans who have been diagnosed with PTSD.
However, PTSD isnt the only mental health disorder for which veterans can seek support from VA. In some cases, veterans may be diagnosed with other mental disorders even on top of PTSD. Mental health is better understood today than ever before, and VA offers disability ratings and benefits to veterans suffering from mental health disorders like anxiety or depression that resulted from military service.
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Submitting Evidence Of Mst
At one point, it was recommended that a veteran submit marker evidence to support their claim that they experienced MST. This includes:
- Supporting statements from family and friends who are aware of the trauma you suffered
- Records of your visit to a healthcare provider to be tested for STDs and/or pregnancy
- Statements from a counselor, clergy, or rape crisis center
- Service records showing a decline in your job performance or documenting a request for transfer to another unit
- Any evidence that shows sudden changes in your behavior such as problems with substance abuse
You are encouraged to submit any marker evidence you have readily available, but this evidence is no longer required to be approved for disability benefits. The VA recognizes that circumstantial corroborating evidence is often unavailable and will thus accept a mental health provider’s opinion that your current diagnosis is related to MST as evidence of a service connection.
Military Sexual Trauma And Other Non
Weve been talking about combat stressors, but non-combat stressors can also cause PTSD. Non-combat stressors include robberies, domestic violence, and sexual assault essentially any in-service event that caused you to fear for life or limb. These incidents occur all too frequently, but the link to PTSD is less well established.
In the past, PTSD related to Military Sexual Trauma was particularly hard to prove. Incidents of MST were swept under the rug by commanding officers, while Dont Ask, Dont Tell prevented the victims of same-sex MST from reporting crimes out of fear of losing their jobs. Recent media scrutiny has alerted the public to the prevalence of sexual violence in the military, which has led to more cases being reported. In 2012 the VA acknowledged the difficulty of corroborating MST claims and relaxed evidentiary standards, leading to a 20% increase in successful MST-related PSTD claims. Proving PTSD due to a non-combat stressor presents its own unique challenges, but dont be deterred. The absence of service records is not valid grounds to deny a PTSD claim, nor is a veterans failure to report at the time out of fear.
The short answer is: Yes. You are entitled to veterans disability benefits for MST if it caused you to develop PTSD.
How PTSD is Rated by the VA
A 10% ratings means you have an occasional decrease in productivity at work due to transient PTSD symptoms, but only during periods of significant stress.
Getting to 100% with Related Conditions
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What To Do If The Va Refuses To Give You Benefits For Ptsd
If the VA determines that you dont have service-related PTSD, you can submit an IME and have it reviewed by the VA for further consideration. When you get an IME, your doctor will re-evaluate your condition and write a report that can convince the VA to change their ruling.
If an independent examination by your doctor does not change the VAs decision to deny you benefits, you can appeal with the help of an attorney. Our team has decades of experience helping Veterans get the benefits they deserve. Were a team built around Veterans helping other Veterans, and we specialize in making appeals for changes to PTSD rulings by the VA.
What Is Va Secondary Service Connection
A secondary service-connected condition is one that results from or is aggravated by an already service-connected condition. In the case of hypertension and PTSD, hypertension would be the secondary condition that is caused or aggravated by the PTSD.
Filing a claim for a secondary is much like filing a regular claim for service connection. Veterans may submit a claim for secondary service connection on VA Form 21-526EZ, the same form they would use to file a regular claim.
When filing a claim for secondary service connection, veterans will need to demonstrate:
- A diagnosis for the secondary condition and
- Medical evidence indicating the link between the primary service-connected condition and the secondary condition.
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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.
Va Disability Rating For Ptsd
Are you seeking service connection and a VA disability rating for PTSD? An increase in your VA disability rating for PTSD? Or, did you just receive a ratings decision that left you wondering if you received the correct VA disability rating for PTSD based on the symptoms you have?
No matter which situation you find yourself in, it is important to understand how VA rates PTSD and what evidence is required to move to the higher levels.
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Va Disability Ratings For Mental Health Conditions Related To Mst
MST is not a disability. However, the experience can trigger mental health conditions such as post-traumatic stress disorder and depression that are considered compensable disabilities when they are related to a veteran’s military service.
Mental health conditions are rated based on the severity of a veteran’s symptoms as outlined in the Diagnostic and Statistical Manual for Mental Disorders, Fifth Edition published by the American Psychiatric Association . The VA describes this under their General Rating Formula for Mental Disorders by outlining the criteria for the various possible disability ratings. All mental health conditions, regardless of their cause, are rated using the same criteria.
A victim of MST who has been diagnosed with a condition such as PTSD or depression might receive any of the following VA disability ratings: