50 ptsd rating compensation

50 ptsd rating compensation DEFAULT

Automatic 50 PTSD Rating Explained

In this post, we will be exploring the automatic 50 PTSD rating in detail.

Here’s a secret…no PTSD rating is considered “automatic” because a veteran must fit the PTSD rating criteria within the law, which is based on the level of occupational and social impairment required to meet the 50 VA disability for PTSD.

However, in accordance with 38 CFR PTSD §4.129 Mental Disorders Due to Traumatic Stress:

“When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran’s release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran’s discharge to determine whether a change in evaluation is warranted.” (Authority: 38 U.S.C. 1155)

Think you deserve a 70 VA disability rating for PTSD? Click HERE to read now.

Maybe even a 100 VA disability rating for PTSD? Click HERE to read now.

PTSD claims are among the easiest VA disability claims to win

According to the easiest VA claims to win data, PTSD is in the top 3 across all groups of veterans.

23.7% of all VA compensation claim recipients for PTSD have a 30 PTSD rating.

25.9% of all VA disability recipients for PTSD have a 50 PTSD rating.

28.0% of all VA claim recipients for PTSD have a 70 PTSD rating.

And 13.1% of all VA disability claim recipients have a 100 PTSD rating.

eCFR Title 38, Part 4, the Schedule for Rating Disabilities lists the general rating formula for all mental disorders, including PTSD.

PTSD is rated on a scale from 0 percent to 100 percent, with breaks at 10, 30, 50, and 70.

The automatic 50 PTSD rating has less severe occupational and social impairment criteria and includes symptoms as follows.

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50 PTSD Rating criteria

“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.”

Whereas the 30 PTSD rating is strikingly less severe, and includes the following symptoms:

30 PTSD Rating criteria

“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).”

A big misconception among veterans is that you need to meet ALL the subjective symptoms tied with a certain rating criterion for PTSD in order to get that rating.

This is not the case veterans!

The Rating Veteran Service Representative (RVSR) will consider all the evidence of record, and normally will assign the VA rating for PTSD that includes the “preponderance of the symptoms.”

For example, if a veteran has 3 of the symptoms from the 30 rating for PTSD criteria and 5 of the symptoms from the 50 PTSD VA rating criteria, the rating agency shall assign the higher rating, unless evidence of record contradicts this subjective assessment.

The opposite is also true.

For example, if a veteran has 5 of the symptoms from the 30 rating for PTSD criteria and 3 of the symptoms from the 50 PTSD VA rating criteria, the rating agency shall assign the lower rating, unless evidence of record contradicts this subjective assessment.

Two Rules for PTSD VA Ratings

According to §4.126, evaluation of disability from mental disorders, the RVSR (VA Rating Official) is required to consider these two rules:

(1) When evaluating PTSD, the rating agency shall consider the frequency, severity, and duration of psychiatric symptoms, the length of remissions, and the veteran’s capacity for adjustment during periods of remission.

The rating agency shall assign an evaluation based on all the evidence of record that bears on occupational and social impairment rather than solely on the examiner’s assessment of the level of disability now of the examination.

(2) When evaluating the level of disability for PTSD, the rating agency will consider the extent of social impairment but shall not assign an evaluation solely on the basis of social impairment.

How to File a VA Claim for PTSD

If you think you deserve a VA rating for PTSD, or you think you deserve a higher rating for PTSD, you should read “How to File a VA Claim for PTSD” now.

Deserve a HIGHER VA Rating? WE CAN HELP.

Join our premier education-based membership program, VA Claims Insider Elite, connect with an expert-level Veteran Coach (VC) within minutes, and finally get the rating you deserve. Click the button below to start for FREE.


About the Author

Brian Reese

Brian Reese

Founder & CEO

Brian Reese is VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits You’ve Earned, and founder of VA Claims Insider – “The Most Trusted Name in Education-Based Resources for Veterans.”

His frustration with the 8-step VA disability claims process led him to create “VA Claims Insider,” which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim.

Brian is also the CEO of Military Disability Made Easy, which is the world’s largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013.

His eBook, the “9 Secrets Strategies for Winning Your VA Disability Claim” has been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans.

He is a former active duty Air Force officer with extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM.

Brian is a Distinguished Graduate of Management from the United States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State University’s Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class).

Sours: https://vaclaimsinsider.com/automatic-50-ptsd-rating/

How to Get a VA PTSD Increase from 50 to 70 (The Insider’s Guide)

In this post, I’m going to show you how to get a VA PTSD increase from 50 to 70, even if you’ve already filed your VA disability claim increase or been denied in the past.

PTSD is rated on a scale from 0% to 100%, with breaks at 10%, 30%, 50%, and 70%.

The average VA rating for PTSD is 70% and a total of 91.5% of veterans with a PTSD rating are rated at 30% or higher.

VA PTSD Increase from 50 to 70

VA disability ratings for PTSD depend upon the Frequency, Severity, and Duration of your symptoms over time.

At VA Claims Insider, we call this “Severity of Symptoms.”

In general, the more severe your mental health symptoms are, the higher the VA rating you’ll receive for PTSD.

If you’re trying to increase your PTSD rating from 50% to 70%, you need to submit evidence that shows your symptoms meet the higher rating criteria under the law.

Is PTSD an Easy Claim to Win?

PTSD is the 4 Overall Most Service Connected VA Disability

Yes, PTSD is an easy claim to win, assuming you have evidence to support your claim.

According to the easiest VA claims to win data, PTSD is the #4 most claimed and compensated VA disability condition across all veteran demographics.

Furthermore, PTSD is a high-value claim, meaning it’s very likely to get a VA rating of 30% or higher.

According to the VBA’s most recent annual benefits report to congress, veterans have the following PTSD rating percentages:

  • 22.8% of veterans with service connected PTSD have a 30% VA rating
  • 26.0% of all VA disability recipients for PTSD have a 50 PTSD rating
  • 29.5% of all VA claim recipients for PTSD have a 70 VA disability for PTSD rating
  • 13.2% have a 100% PTSD rating

How to Increase PTSD Rating from 50% to 70%

First, let’s explore the symptoms and impairment for the 50% VA rating for PTSD versus the 70% criteria.

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50 PTSD Rating Criteria

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
VA Symptoms of PTSD

Okay, let’s break-it down.

The 50% rating for PTSD has moderately severe symptoms.

The biggest difference between the 30% and 50% rating is that at this level, you’re having a lot of trouble in your relationships.

Perhaps you don’t have any friends or just want to be alone.

Maybe you’re divorced or can’t get along with your spouse anymore.

The other difference is you’re now having panic attacks MORE than one time per week.

70 PTSD Rating Criteria

Occupational and social impairment with deficiencies in most areas to include symptoms such 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 work like setting)
  • Inability to establish and maintain effective relationships.

The 70% PTSD rating has very severe symptoms and is a big jump from the 50% level.

Notice the keyword change to “deficiencies in MOST areas.”

Maybe you constantly check windows and doors in your home or have other obsessive rituals as you go about your day, such as a video camera monitoring system around your property.

Your panic attacks, depression, and anxiety are now happening constantly.

You might even be having thoughts of suicide, meaning passive or active thoughts, regardless of plan or intent.

You are unable to establish and maintain effective relationships at work and socially.

Top 3 Tips to Get a VA PTSD Increase from 50 to 70

Increase VA PTSD Rating Tip #1: Obtain a Psych Eval and DBQ for PTSD Review from a Private Psychologist

The #1 most effective way to increase your VA disability rating for PTSD from 50 percent to 70 percent is to have a private medical provider complete a DBQ or other medical report for PTSD Review.

It is critical for you to be open, honest, and “uncomfortably vulnerable” during your interactions with a private medical provider.

You must tell him/her EVERYTHING going on with you to include your current mental health symptoms and HOW those symptoms limit or affect your work, life, and social functioning.

You’re still highly likely to get a C&P exam for PTSD, but you’ll be more than ready, because you’ve got new and relevant medical evidence to support HOW your PTSD symptoms are worse and warrant a higher rating under the law.

Remember, the more severe your symptoms, the higher the VA rating for PTSD.

Increase PTSD Rating Tip #2: Write a Strong VA Statement in Support of a Claim for PTSD Increase

If you think you deserve a PTSD increase from 50 to 70, you’ll want to write a strong and truthful personal VA statement in support of a claim, focusing on your current mental health symptoms and how those symptoms affect you in negative ways.

When the VA Rater assigns your final rating for PTSD, he/she is primarily concerned with the “preponderance of your mental health symptoms.”

According to CFR 38, Part 4, the Schedule for Rating Disabilities, §4.7 Higher of Two Evaluations, “Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned.”

That means if you have 3 to 5 symptoms of the 70% rating criteria and 2 to 4 symptoms of the 50% rating criteria, the preponderance of your symptoms is at the higher rating level (70%) and the increase should be granted. The opposite is also true.

If you suffer from severe symptoms of PTSD, be sure to write down all the symptoms with examples so the VA Rater gets an accurate picture of your approximate symptoms and level of impairment.

Statement in Support of Claim for PTSD Example

VA Statement in Support of Claim for PTSD Increase

Here is an example of how to write this section in your Statement in Support of a Claim for PTSD:

I suffer from severe symptoms of PTSD and now have hyper-sensitivity to lights and loud noises, near constant anxiety and depression, suicidal thoughts, constant panic attacks, sweating, heart racing, ringing in my ears, tingling in my arms, mouth, and lips, dry mouth, headaches, severe insomnia, significant impairment of my short-term and long-term memory, severe anger issues, and paranoia. These symptoms affect me constantly, and I have no control over them. I was referred to a VA Mental Health clinic and have begun regular therapy with a Psychologist and a Psychiatrist. I was formally diagnosed with PTSD in 2006 (see pages 28, 33, 52, and 72 of the attached VA Medical Records) and I’m seeking an increase in my PTSD rating because my symptoms are now worse.

Expert Tip: Pay close attention to the mental health symptoms listed at CFR Title 38, Part 4, Schedule for Rating Disabilities. You should have a basic idea of what your eligible for by law by looking at the VA rating criteria for mental health.

In the final part of your PTSD statement, you should explain how your PTSD negatively affects your work, life, and social functioning.

A best practice is to explain at least two specific examples of how your PTSD is limiting or affecting you in negative ways.

My PTSD has negatively affected my work and life in many ways. I’ve been divorced twice and don’t have relationships with my children anymore. I lost my job because I can’t get along with my co-workers and supervisors, could not concentrate on my work, took too many sick days for depression and anxiety, and I had angry outbursts at my boss, co-workers, and customers. I often forget people and places, suffer from severe memory loss, forget where I’m driving to and from, I have severe depression, chronic anxiety, constant panic attacks, and constantly check windows, doors, and locks out of OCD-like paranoia. The other day I had road rage so badly when someone cut me off, that I attempted to drive him off the road and fight. I’ve tried vet centers, medications, mindfulness, etc., and receive little to no relief.

VA PTSD Increase Tip #3: Overprepare for Your VA C&P Exam for PTSD

Here are my top 5 tips to prepare for your C&P exam for PTSD increase:

#1. Know what’s in your medical records! There is no substitute for knowing what’s in your service treatment records, VA medical records, or any private medical records.

#2. Review the Disability Benefit Questionnaire (DBQ) for PTSD Review.

#3. Review CFR, Title 38, Part 4, the Schedule for Rating Disabilities for mental health conditions.

#4. Do NOT have your best day…this does NOT mean to lie or stretch the truth. That’s illegal. It means you need to tell the examiner how you are on your very worst days. What does a normal day look like for you? What challenges do you have? Are you struggling at work? If so, why? How are your relationships? Do you have friends? If not, why?

#5. Be UNCOMFORTABLY VULNERABLE…and share your uncomfortable truths! It’s hard to do, I know, but you must. Why? Because PTSD claims comes down to your current level of “Occupational and Social Impairment” as well as your “Severity of Symptoms.” Be ready to talk about your work, life, and social functioning. Be prepared to explain your current symptoms with examples.

Deserve a HIGHER VA Rating?

Learn more about how VA Claims Insider can help you get the rating you DESERVE!
Speak with a VA Disability expert and start for FREE! 

Brian Reese

Brian Reese

Founder & CEO

Brian Reese is VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits You’ve Earned, and founder of VA Claims Insider – “The Most Trusted Name in Education-Based Resources for Veterans.”

His frustration with the 8-step VA disability claims process led him to create “VA Claims Insider,” which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim.

Brian is also the CEO of Military Disability Made Easy, which is the world’s largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013.

His eBook, the “9 Secrets Strategies for Winning Your VA Disability Claim” has been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans.

He is a former active duty Air Force officer with extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM.

Brian is a Distinguished Graduate of Management from the United States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State University’s Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class).

Sours: https://vaclaimsinsider.com/va-ptsd-increase-from-50-to-70/
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2021 Veterans disability compensation rates

Note: We’re required by law to match the percentage of cost-of-living adjustments made to Social Security benefits. These adjustments help to make sure that the purchasing power of your benefits keeps up with inflation. You can get the latest cost-of-living adjustment (COLA) information on the Social Security Administration’s (SSA) website. 

How to use the tables to find your monthly payment

Find your basic rate

Go to the compensation rates for your disability rating. On the Basic rates table, find the amount for your disability rating and dependent status. This is your monthly basic rate.

Example (Veteran with no children):
If you're a Veteran with a 30% disability rating, and you have a dependent spouse (no dependent parents or children), your monthly basic rate would be $493.35 each month.

Find your added amounts, if any apply

If your spouse receives Aid and Attendance benefits or you have more than one child, you may qualify for additional monthly payment amounts as listed in the Added amounts table.

First, determine your basic rate.

Example (Veteran with children):
If you’re a Veteran with a 70% disability rating, and you have a spouse, plus 3 dependent children under the age of 18, you would start with the basic rate of $1,656.71 (for a Veteran with a spouse and 1 child).

Next, look at the Added amounts table. Find the amount for children under age 18 ($61.00).

Since your basic rate already provides payment for 1 child, you would add the rate of $61.00 for each additional child (so $61 x 2).   

If your spouse receives Aid and Attendance, you would also add $113 (which is the added amount for a spouse receiving Aid and Attendance, for a Veteran with a 70% disability rating).

In our example of a Veteran with 70% disability rating, your total monthly payment amount would be:

$1,656.71 basic rate (1 spouse, 1 child)
+ $61 (second child under 18)
+$61 (third child under 18)
+$113 (spouse who receives Aid and Attendance)
Total $1,891.71 

Sours: https://www.va.gov/disability/compensation-rates/veteran-rates/
How a 70% VA PTSD Rating Can Get You To 100%

Post Traumatic Stress
Disorder (PTSD) Rating

As a Veteran in the United States, you might be suffering from Post Traumatic Stress Disorder. PTSD is one of the most difficult service-related disabilities to diagnose and classify.

Contrary to popular myth, PTSD is not a “processing disorder” that occurs because the victim “can’t take it.” Instead, PTSD is a chemical imbalance in the brain. Exposure to extreme stress, such as combat stress, enlarges the amygdala. This part of the brain controls emotional responses. The resulting imbalance explains symptoms you may be experiencing like depression, anxiety, hypervigilance, and flashbacks.

As you may know, the brain is adept at hiding its own injuries. As a result, many PTSD victims are unaware of the full extent of their injuries.

Your VA disability attorney will use medical and lay evidence to address these issues. Solid medical evidence reveals the true nature of the injury. “Buddy statements” and other lay testimony from your friends and family set forth the full extent of your PTSD and how your brain injury affects your daily life.

A VA disability rating for PTSD is based on statutes that outline what symptoms meet which level of disability. PTSD is only rated at 10%, 30%, 50%, 70% or 100%. It’s important to be as honest as you can with the VA examiners about the severity of your symptoms. Please note you don’t have to meet all the symptoms in the rating level in order to be rated at that level.

 

VA DISABILITY PTSD RATING LEVELS

 

10%

For a 10% rating, the aforementioned symptoms are transient or sporadic. For example, you might have nightmares, but they do not occur every night and you are usually able to go back to sleep. Alternatively, your symptoms might be more severe, but medication either controls or eliminates them.

30%

This disability rating is perhaps the most common one. It is appropriate if the aforementioned symptoms are worse but still manageable. Let’s return to the nightmares example. If your nightmares are more frequent and/or more severe, you might have a harder time sleeping through the night, at least on a bad day. As a result, you are groggy the next day, especially in the morning hours. At that point, the PTSD symptoms interfere with social interaction and job performance, even though you are “generally” able to function “satisfactorily.”

50%

The first two ratings focus on overall effects. The higher three focus on specific symptoms. A 50% rating is appropriate if symptoms include:

• Flat or lethargic outlook,
• Speech impairment,
• Judgment, memory, and/or thought impairment,
• Weekly panic attacks, or
• Difficulty in understanding complex instructions or maintaining healthy social
relationships.

Remember, if you disagree with your Compensation and Pension doctor’s assessment, you have the right to appeal.

70%

At this level, you are likely struggling with maintaining employment. Holding down a job might be out of the question for you. Specific symptoms include:

• Suicidal thoughts,
• Obsessive focus on rituals,
• “Near-continuous” panic attacks or depression,
• Emotional outbursts, mostly irrational anger,
• Inability to manage stressful situations, and
• Neglect of personal hygiene.

Since veterans with a 70% disability rating may be struggling with employment, a Total Disability due to Individual Unemployability claim might be an option. You would have a 70% rating but paid at the 100% level due to unemployability.

100%

Generally, you either are unable to leave your house or need constant supervision. Some total disability symptoms include:

• Gross thought impairment,
• Hallucinations and/or delusions,
• Disorientation as to place, time, and situation,
• Near-complete memory loss, and
• Danger to self or others.

Because there are so many possible ratings, your attorney might order an Independent Medical Examination to show the higher level of symptoms or to counter a negative VA C&P exam. IME physicians often reach different conclusions from VA doctors or can be more thorough in the exam report. Additionally, they often interview spouses, which can provide a more accurate picture of the level of severity of the PTSD.

Service-related PTSD often causes severe disabilities. For a free consultation with an experienced VA disability lawyer in San Diego, contact the Veterans Law Group. We represent veterans on a nationwide basis.

Sours: https://www.veteranslaw.com/disability-ratings/va-disability-ptsd-rating/

Ptsd compensation 50 rating

Automatic 50 PTSD Rating

Many veterans have heard that VA Disability rules allow for an automatic 50 percent disability rating for PTSD. However, there are actually no ratings for PTSD that are considered “automatic,” because any veteran diagnosed with PTSD must meet specific rating criteria that is based on their level of social and occupational impairment as a result of their condition.

What is an Automatic 50 PTSD Rating?

Automatic 50 PTSD RatingThere is a confusing VA disability policy that can explain why so many veterans think that the VA offers an automatic 50 percent rating for PTSD. According to VA Policy (Authority: 38 U.S.C. 1155), an automatic disability rating of 50% will be granted to veterans with PTSD, but only for those veterans who must be discharged from military service because their PTSD impacts their ability to perform their job duties effectively.

However, this rating only lasts for six months, and only applies to a small number of veterans. After six months, the VA will schedule an exam to re-evaluate the veteran’s condition. At that point, the VA will schedule an examination to determine whether or not the veteran will continue to receive a 50 percent disability rating for their PTSD.

It is possible to get a 50 percent disability rating for PTSD, but there is no automatic rating for any condition, and no automatic disability rating that applies to all veterans. Veterans with PTSD can receive a rating as low as zero percent for the condition. While PTSD is a common condition for veterans, it is not considered a presumptive condition – one that is directly caused by military service. A veteran’s disability rating for PTSD depends on their specific situation, as well as how severe their symptoms are.

What are the requirements for getting this rating?

The VA has a general rating formula for all mental health conditions, including PTSD. For PTSD, the possible disability ratings are:

  • 0 percent: the veteran has been diagnosed with PTSD, but their symptoms are not severe enough to impact their professional or social functioning, or to require the continuous use of medication
  • 10 percent: the veteran may experience mild symptoms of PTSD, which may lead to problems at work, at home, or in social situations during times of severe stress. Symptoms are controlled by continuous medication
  • 30 percent: the veteran may experience impairment at work or in social situations and may experience occasional decreases in productivity or an inability to perform their job duties because of their PTSD symptoms. These symptoms can include depression, anxiety, sleep impairment, memory loss, or panic attacks
  • 50 percent: the veteran may experience a significant reduction in their productivity at work due to panic attacks, having difficulty with speech, experiencing memory problems, or difficulty understanding complex commands. Veterans may also struggle to maintain or develop work or social relationships
  • 70 percent: the veteran may experience deficiencies in most social and professional areas, including their relationships with friends or family, the ability to perform their job duties, and may experience problems with their thinking, mood, or judgement. They may also experience suicidal ideations, obsessive thoughts or rituals, depression, lack of impulse control, or difficulty adapting to stressful situations
  • 100 percent: the veteran is unable to function at work or in social settings as a result of their symptoms

Who is eligible to receive a disability rating for PTSD?

There is a VA policy (Authority: 38 U.S.C. 1155) for Mental Disorders Due to Traumatic Stress, that states:

  • If a service member develops a mental disorder as a result of a highly stressful event, and that disorder is severe enough to lead to the veteran being released from active duty, the service member will receive at least a 50 percent disability rating

Additionally, there are other specific criteria that must be met in order to receive at least a 50 percent disability rating for PTSD. These include:

  • Social and occupational impairment
  • Reduced productivity
  • Panic attacks more than once a week
  • Impaired short-term and long-term memory
  • Forgetting to complete tasks and difficulty understanding commands
  • Impaired abstract thinking and impaired judgement
  • Negative changes in mood
  • Difficulty maintaining and establishing personal and professional relationships

In order for a veteran’s PTSD claim to be recognized by the VA as service-connected, the diagnosis must be given by a physician or other medical professional who is qualified to perform a PTSD-specific Compensation and Pension (C&P) examination. In order to be able to meet the VA’s criteria for diagnosing PTSD, medical professionals must:

  • Have doctoral-level training in psychopathology, clinical interviewing methods, and diagnostic methods
  • Have a great deal of experience in a clinical setting with diagnosing and treating veterans who have PTSD

These can include board-certified psychiatrists, licensed psychologists, psychiatric residents, and psychology interns under the supervision of an attending psychologist or psychiatrist.

While the symptoms of PTSD can begin immediately after a traumatic event, for the purposes of VA disability claims, a full diagnosis cannot be made until at least six months after the traumatic event occurred.

For more information on PTSD VA disability claims, click here. For resources and information on managing PTSD, or helping a friend or family member with this condition, click here.

VA Disability Ratings for PTSD

Post-traumatic Stress Disorder (PTSD) can be the result of occurrences such as combat, personal trauma, or other extremely stressful events, and can have negative impacts on a veteran’s personal and professional life. In 2018, there were nearly 65,000 new VA disability claims for PTSD, and over 800,000 veterans receive compensation from the VA due to some level of PTSD symptoms.

In order to be assigned a disability rating from the VA for PTSD, a veteran must be able to show that their condition is connected to an event that occurred during their military service. The disability rating will be assigned based on the severity of the condition, as well as the amount of earnings the veteran has lost as a result of their condition.

In order for a veteran to receive VA disability benefits for PTSD, all of the following criteria must be met:

  • The stressor or traumatic event must have happened during the veteran’s military service
  • The veteran has been diagnosed with PTSD by a medical professional who is qualified to make a PTSD diagnosis
  • The PTSD symptoms that the veteran experiences makes them unable to function as well as they were able to prior to the traumatic event

About The AuthorHeather Maxey works at a non-profit that addresses military ineligibility. She is an Army spouse, and met her husband while working as a Health Educator at Fort Bragg.


Sours: https://militarybenefits.info/automatic-50-ptsd-rating/
A top VA disability attorney explains how to get a PTSD rating of 70% on a VA disability claim.

Why It’s Rare for Veterans to Receive an Automatic 50% Disability Rating for PTSD

PTSD Chalkboard in the Shape of a Head

Post-traumatic stress disorder (PTSD) is one of the most common service-connected conditions eligible for VA disability benefits. Ratings are generally based on the severity of symptoms that a Veteran experiences, but an automatic 50% disability rating is possible in some cases.

How to Receive an Automatic 50% Disability Rating

The rating scale for PTSD ranges from 0% to 100%, with ratings given in 10% increments. The VA uses the General Rating Formula for Mental Disorders under 38 CFR § 4.130 to evaluate a Veteran’s condition and assign the appropriate disability rating.   

It is a common myth that all Veterans receive an automatic 50% rating for PTSD. The VA regulation 38 CFR § 4.129 allows for an automatic 50% rating only if a Veteran develops PTSD while on activity duty and the condition is severe enough to result in their discharge.

A 50% rating indicates substantial occupational and social impairment. Veterans with this rating often have:

  • Panic attacks more than once per week
  • Memory impairment and trouble understanding complex commands
  • Reduced reliability and productivity at work
  • Impaired judgment
  • Mood disturbances
  • Trouble maintaining effective work and social relationships

The automatic 50% rating allows the newly disabled Veteran to access benefits quickly, but it is only valid for six months. At this point, the VA will reassess the Veteran’s condition. Depending upon how effective treatment has been, their rating may increase, decrease, or stay the same. The reevaluation will consider the frequency, severity, and duration of the psychiatric symptoms associated with the PTSD diagnosis, as well as how effectively a Veteran can function during periods of remission.

Roughly one in four Veterans have a 50% rating for PTSD, although this includes many who did not qualify for an automatic rating due to their discharge from active duty.

Get the Help You Need to Access the Benefits You Deserve

As you can see, the automatic 50% rating for PTSD applies only in very limited cases and doesn’t offer permanent benefits. The vast majority of Veterans will need to accurately document their symptoms and service-connected stressors to win their disability claim.

Although the process of receiving disability benefits is notoriously complex, you don’t have to go through it alone. Our attorneys help Veterans who’ve honorably served their country access the disability benefits they need and deserve. Contact the office of Sean Kendall, Attorney-at-Law, today to schedule a free, no-obligation consultation.

 

PTSD Chalkboard in the Shape of a Head
Sours: https://www.seankendalllaw.net/blog/receiving-an-automatic-50-percent-ptsd-rating.cfm

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