I am a spouse of a veteran.
My husband was diagnosed for ptsd - only awarded 10% & 10% for tinnutus- I totally disagree for what the VA's decision. This is not about the money here or how much he gets. I myself see him & live with him everyday & he is totally changed after he gets back from iraq. My husband got the decision from Va a year ago. According to va: they only give him 10% for ptsd because he is currently employeed & attending college- it doesn't mean he can work & go to school & his pstd is not worst as other people. as a wife? is there anyway i can write a letter to the VA? i want to do it for my husband because he i see him suffered & i suffered too & i know this is connected to ptsd. I don't know if i can write a letter to them - its been a year & a month that Va made decision? any help or suggestion. pls.
Thank you

This message has been edited. Last edited by: Dave_M,

I changed the title to reflect the questions. If your husband is considered able to take care of his affairs you have no legal standing to appeal the claim. There is a second issue, and that is the one year time limit has passed for an appeal. He could ask for an increase but you can not do it without his signature.

There is a objective rating system of mental health diseases that closely relate to the VA rating system. Being able to hold jobs and go to school are part of the rating.

I encourage other members that have more experience with PTSD issues to help this poster, so that she may encourage her husband to seek a rating that properly reflects his disability.

Anyone else have an better answer?

Hmmm..

Some things you must do...and btw...before I start, remember I DO NOT have the intricate details, so that means this post be construed as based on what I read...ONLY.

To the OP.

Yes, you can contest/appeal the VA's rating decision...BUT FIRST...your Husband MUST be convinced to assign you as his agent and execute an informal POA..This is First, if you can't get him to do that, you can't do the rest. EXCEPT...IF..you can convince his assigned mental health provider that he is incompetent to handle his own affairs..THIS IS NOT THE SAME as being rendered "Incompetent" by a State, District or Federal Court..for the VA..it is an administrative process. I WOULD AVOID this route though because your husband may not understand and may read more into it and thus get very irrational and peeved.

2. You have the authority (IF YOU have obtained the POA) under:

TITLE 38 > PART IV > CHAPTER 59 > § 5903


§ 5903. Recognition with respect to particular claims

(a) In General.— The Secretary may recognize any individual for the preparation, presentation, and prosecution of any particular claim for benefits under any of the laws administered by the Secretary if—
(1) such individual has certified to the Secretary that no fee or compensation of any nature will be charged any individual for services rendered in connection with such claim; and
(2) such individual has filed with the Secretary a power of attorney, executed in such manner and in such form as the Secretary may prescribe.

Now as you can read...in the POA, your husband and YOU must state that it is of no fee and further..not quoting a section under 28USC (too long) simply state that your husband being under undue stress is rendered incapable to prosecute his claim on his own The authority is also found in Section 500, Title II USC, and 205 18 USC as well. 29 USC Code

Then you must also speak with his educational counselor as to the feasibility of continuing his education, and if the answer is yes...then have him note on statement or form that this veteran is receiving/allowed to continue his educational endeavors for theraputic reasons.

The key element is that the Code does allow for "Quality of life pursuit Educational Assistance" where the VA ED cnsl knows that the veteran's condition is such that it will likely never improve inasmuch as gainful employment is attained.

O.k..now the reference for the waiver of the time limit...you stated the one year time limit had passed by a month...as follows:

TITLE 38 CHAPTER 71 § 7105A

§ 7105A. Simultaneously contested claims

(a) In simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of a notice of disagreement shall be sixty days from the date notice of the adverse action is mailed.
(b) Upon the filing of a notice of disagreement, all parties in interest will be furnished with a statement of the case in the same manner as is prescribed in section 7105. The party in interest who filed a notice of Extension of time may be granted for good cause shown but with consideration to the interests of the other parties involved.

This is it...If there is anything I missed, by all means fire away. I hope this was of help. I also hope there will be an intervention called upon on behalf of your husband so he can get the right treatment for PTSD..and it could be that his disability award is eating at him badly but like any man...is likely to keep it to himself..Get some help..my 2 cents.

Wishing you the best and Godspeed.

Freddy

Side note to the OP

You must cite the references in your appeal to the VA..that I listed, otherwise it will likely go nowhere.

The FR references I left out because this should suffice and otherwise the post would have been too huge,
Also, there is another reference for a waiver of time limit extension but it's late, if needed, I will post that for you later.

Did you actually send a letter to support his first claim???

And how much treatment is he seeking from the VA?? Does he go to group?

This sounds like you are going about this in a way that does not need to be done. Your best bet might be to go talk to a DAV NSO, and have them request that the PTSD be rerated.. And you can have all family members write letters, describing the history and how it has impacted life.. How relationships have been impacted.. Have his parents, children, siblings..
And make it clear that he is not aware himself of how bad he is, and does not seek the treatment he should.

Freddy, the issue on appeal, it has been 13 months. In re-reading the OP, if it is about treatment and not compenstation or a rating, then you have a seperate issue. HIPAA prevents you from participating in your husbands care unless he allows it. You can talk to his VA social worker, but they can not talk to you.

I am an advocate of getting care above all. Getting well is more important. Living the best life is more important. As you said the money is a nice, but getting your husband back is better.

Every VA has an OEF/OIF team. They may be a point of contact for you to help get your husband the care he needs.

http://www.oefoif.va.gov/HowDoIGetHelp.asp

I fully agree.
He does indeed need help, and that should come first and foremost. However, in reading the post, she expressed her disagreement with the lowball comp, and I took that to mean "what can I do."

I also expressed "Intervention" thus in conjunction with your 1st and 2nd post, she has been fully addressed. I am not the OP, and her "Intent" was not clear..

Keep in mind that the claims process is often long and arduous. Do the best you can and try to find the best VSO you can. It makes a difference!!!

quote:

Originally posted by OldAFcop:
Keep in mind that the claims process is often long and arduous. Do the best you can and try to find the best VSO you can. It makes a difference!!!

I fully agree with OldAFcop...as well

Given that this is a spouse, and likely even more challenged, she would indeed benefit from all the help she can get. I would only add: (paraphrasing OldAFcop) interview and find the best entity you can..

quote:

Originally posted by 11040491:
I am a spouse of a veteran.
My husband was diagnosed for ptsd - only awarded 10% & 10% for tinnutus- I totally disagree for what the VA's decision. This is not about the money here or how much he gets. I myself see him & live with him everyday & he is totally changed after he gets back from iraq. My husband got the decision from Va a year ago. According to va: they only give him 10% for ptsd because he is currently employeed & attending college- it doesn't mean he can work & go to school & his pstd is not worst as other people. as a wife? is there anyway i can write a letter to the VA? i want to do it for my husband because he i see him suffered & i suffered too & i know this is connected to ptsd. I don't know if i can write a letter to them - its been a year & a month that Va made decision? any help or suggestion. pls.
Thank you

Your concerns are real and I know being the spouse of a wounded warrior, physical, mental, emotional or PTSD, can be devastating.

I so proud of you for wanting to see your warrior get the needed treatment. whether he can, does, will or will not do it on his own you need to try to get both of you some degree of help.

I would suggest you discuss this situation with a family counselor, minister, a PTSD support group or other trusted adviser. Please don't try to fight this battle without some help serious help. The alternatives to not get help are not very good.

Blessings to you and your warrior. Please keep us posted, others are facing the same situation and success will be able to guide them.

Bruce

Thank you for all the suggestions & advices.
sorry for my english, Im not good in english.
I want my husband will be fully treated - it hurts me everyday i see him suffering. We been through a lot. I have 2 miscarriages for the past 2 years. & now i am pregnant ( 31 weeks ) we want this baby especially my husband thats why i been praying so hard that everything will be ok with my pregnancy especially my husband's condition - maybe he will be worst if something happen with our baby again.
By the way, i was wrong - he has until August to make an appeal with VA's decision. I did not write a letter to the VA yet. MY really concern is for him to get a medical treatment before he will be more worst.Again, Thanks to all
God bless

You will be in our hearts and prayers. Again, please keep us posted.

Please don't give up seeking help for your warrior and for yourself.

quote:

Originally posted by OldArmyLove:
You will be in our hearts and prayers. Again, please keep us posted.

Please don't give up seeking help for your warrior and for yourself.

I just want to echo what BRUCE so eloquently stated...

You do not have to wait for your husband so get help..for him and for you. So, for the sake of your own well being, family stability and PEACE...Please call any advocacy office at ANY VA Hospital...I hope if not that...then please by all means call the Mental Hygiene clinic and ask to speak to a Psychologist. a psychiatrist, Counselor, Social worker...SOMEBODY....ANYBODY...to draw attention to your plight..BEFORE SOMETHING TERRIBLE ..MAY...HAPPEN...GET HELP FIRST!! and then...let us know how you're doing.

Remember, while we can have the greatest empathy..WE CANNOT HELP YOU UNTIL YOU HELP YOURSELF....I am sating this in caps and I hope the Moderators do not mind...because of the importance of seeking help and to drive that point home.

If the caps bother you, then I stand corrected.

Eres Tu!
Freddy

quote:

Remember, while we can have the greatest empathy..WE CANNOT HELP YOU UNTIL YOU HELP YOURSELF....I am sating this in caps and I hope the Moderators do not mind...because of the importance of seeking help and to drive that point home.

If the caps bother you, then I stand corrected.

Eres Tu!
Freddy

Freddy, that use of caps, to emphasize a point "LOUD and CLEAR," is appropriate.

quote:

If the caps bother you, then I stand corrected.

Freddy, The CAPS are the means of getting attention to a VERY IMPORTANT point one wants to get accross... I have always used CAPS to emphasise (SP?) a point that I wanted to get accross. When one types all CAPS the automatic reaction is to think that the individual doing so is angry which is not always true However, maybe useing the "Round Faces) to show emotions is a very handy tool to use...and not get a "Reprimand"

So as to clarify...what action a spouse or some person acting as next friend can initiate, i.e. informal claims which must be perfected by the claimant or the duly authorized representative.

Title 38 C.F.R. §3.155 Informal claims.

(a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs...some person acting as next friend of a claimant who is not sui juris may be considered an informal claim. Such informal claim must identify the benefit sought. Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution. If received within 1 year from the date it was sent to the claimant, it will be considered filed as of the date of receipt of the informal claim.

Pursuant to Title 38 C.F.R. §14.627(h) Claimant means a person who has filed or has expressed to a representative, agent, or attorney an intention to file a written application for determination of entitlement to benefits provided under title 38, United States Code, and implementing directives.

Pursuant to Title 38 C.F.R. §14.629(2) An individual desiring accreditation as an agent or attorney must establish that he or she is of good character and reputation, is qualified to render valuable assistance to claimants, and is otherwise competent to advise and assist claimants in the preparation, presentation, and prosecution of their claim(s) before the Department. An individual desiring accreditation as an agent or attorney must file a completed application (VA Form 21a) with the Office of the General Counsel (022D), 810 Vermont Avenue, NW., Washington, DC 20420

(6) After an affirmative determination of character and fitness for practice before the Department, applicants for accreditation as a claims agent must achieve a score of 75 percent or more on a written examination administered by VA as a prerequisite to accreditation. No applicant shall be allowed to sit for the examination more than twice in any 6-month period.

***All appropriate legal issues taken into consideration, an accredited Veterans Service Organization or equivalent may be the best suited to properly advise and assist you in support of your husband's claims and potential appeals before the Department of Veterans' Affairs (VA).***

It looks as if most people have been leading you in the right direction. One thing they may have left out is when your husband submits his paperwork you can also include a letter. In this letter you can state how you see him dealing with his PTSD and how it affects his and your life. Unfortunately, I have not heard of anyone getting more than 10% for PTSD, maybe he will be the first. Good luck and stick with it. I just finished fighting the VA. It has been over 4 years of round and round on the paperwork wheel.

quote:

...Unfortunately, I have not heard of anyone getting more than 10% for PTSD, maybe he will be the first...

That not more than 10% is in valid. I do not believe there is a cap on the percentage that can be awarded for PTSD. There are hundreds of cases where the member received significantly higher percentage awards. I have a 30% rating myself. The member has withdrawn from these forums. He was correct that your husband may submit a statements by you and others with knowledge of his condition.

There are many with 60 or 100% PTSD.