I have been into the VA and have a firm diagnoses now for adjustment disorder and PTSD based on MST and even has a nexus attached to the rationalization for diagnoses. Now i just get to play the waiting game since they still can not find my records from that period of service... they just sent out another request for the records with a 15 day window... Talking to a few VSO they are thinking if the Cleveland VA follows there proven tract record i will probably get denied and pick up the win in appeals since i have clear markers and all my records track with a in service stressor.
R/T. The "infeasible for work" assessment will be the first hurtle. The VARO sometimes make a determination that the sum of any one disability at 40% or greater but less than 60%, combined with others to make 70% or greater is the threshold measure to IU-but it isn't. It's merely one of the requirements to get there to be considered for IU. PTSD @ 50 % is not a disqualifier for work, per se. Combined hearing loss with a 40+10 hearing rating (basically all one disability) again, is not a single disqualifier for work. Look at all the ads for "Work at home and make $12 K a month". VA uses that logic- "the sum of the two disabilities, either together or singly, are not so onerous as to preclude work". If you have any college credits or a degree, bingo. You can work. No IU for you. Always remember that IU is an extraschedular rating and has to go through a whole new assessment by the Director of Comp. and Pen. who is notoriously a tightwad.
Think like your enemy. Assume a worst case scenario. Like my friends with the funny green beanies used to say, Always have a plan to kill everyone in the room-friend or foe. Make sure you have tactical superiority in law and regulation that permits or entitles you to what you seek. Never go fishing for a higher rating. Go for it because they owe you and maybe they just forgot. I call that my Benefit of the Doubt rule.
Win or Die
Well, It is finally certified and at the BVA after the RO having it for 2 years. Now I'm just waiting to get a docket number. Anybody have any idea how long I'm going to have to wait just to get
a docket number. I read the post by brocovet that the time line to complete an appeal is about 4.7 years. So, I still have some years before this one is complete by the BVA. I just sent off another
Nod, and just filed another claim and I just know the VA will deny some of my contentions although the evidence is there.
I know this is hard for you and just the start, but maybe I can give you some hope. I never reported my MST until 5 years after being honorably discharged. I did have MP reports backing up my claims of abuse.
Even being 5yrs+, the VA granted me 70% without any fight. Roughly 5 more years a DRO review granted me my increase to 100% this month.
Make getting into mental health treatment your top priority. Everything else is secondary imo.