PTSD -- Four Letters that Mean "Can't Work"
By Douglas I. Friedman of Friedman Law Firm, P.C.
Wednesday, October 14, 2020
I once had a client who was walking down the sidewalk when a car close to him back-fired. The sound reminded him instantly of being on the ground in the jungle in VietNam-- and he hasn't worked a day since.
The noise triggered memories of his service in the infantry in VietNam and he deteriorated so completely and so rapidly that he ended up in a 3-month VA in-patient program. Up until that moment, he had had a successful career and family. After it, he lost his job because he could no long function at work and, eventually, he lost his family.
Post Traumatic Stress Syndrome can strike a veteran at any time. In the case of my client, it was twenty-five years later.
PTSD is often accompanied by other symptoms-- such as the inability to sleep, and depression and anxiety. PTSD may cause sleep apnea. Medical research has established a link between the two conditions, and our clients often apply for sleep apnea as secondary to PTSD.
But the most important aspect of PTSD, in our opinion, is that it does not matter how physically fit a veteran may be; if the veteran has PTSD, the veteran’ s physical fitness does not determine whether he or she can work. Psychological symptoms may prevent the veteran from attending work regularly, or getting along with co-employees, or the public at work. Even a job like a night janitor, which is usually done without much public interaction, cannot be performed unless a worker can attend work regularly and get along with people.
The ratings given by the VA for all psychological conditions -- --; including PTSD --; --; are usually evaluations by doctors about one’s ability to do physical work. So, if a person may miss work from time to time due to mental conditions, but that person is physically ok, the doctor may say that the person can work. But, if they can’t attend work regularly enough to maintain a job, and they get fired for excessive absences, or even for get into arguments with other employees or the public, then they clearly aren't able to maintain employment.
Remember that, if you get a rating from the VA that is less than 100% for your PTSD, there may be other ways to increase your benefit payment. For example, you might be entitled to Individual Unemployability which would not require an increase in the percentage. Even ratings as low as 30% for psychological may have symptoms that prevent work.
Also, keep in mind that the symptoms contained in the rating descriptions are not the only symptoms that can result in a rating. Each case is different and your case may not fit within the symptoms described in the various rating percentages.
If you have any questions about how PTSD or any other psychological condition may be claimed with the maximum benefit to you, feel free to contact us at 205-879-3033 or LifeHealth@FriedmanFirmPC.com. You will speak with an attorney about whether our firm can help you.