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    • $36,000 tax-free net is fairly close to $55,000 taxed gross at a day job. To pocket $36,000, you'd have to work at a $55,000 job and have a total withholding of about 34%. Add up health insurance, a 401k contribution, and taxes depending on the state and locality...you might just be in the neighborhood.  And to keep the post on topic, a development letter could be an advisory "we're still working on your claim" letter or it could be one that matters...the difference is the "IMPORTANT - reply needed" header near the top. Those are usually due process letters that propose an action and give you 60 days to react.  -CHD505
    • If the debt letter was VA's error, the Vet would not pay it back. I only laid out the causes for debt letters more than anything for memory jog reasons - people are human, people make mistakes, and things can get missed. People have gotten debt letters and had no idea why, until they talk to Debt Management and are told that they were doing something wrong for some length of time that they had no idea was wrong.  If I misread you, my fault as well. New guy, don't really know the culture here.  -CHD505
    • Don't give up. you can't trully rely on what ebenefits says, that is mostly computer generated lingo  so -to-speak  it bides the VA time. you could be supprised. on one of my claims  it had gathering of evidence and then said pre for decision then back to gathering evidence and a long estimated date... Then the Next day I got a letter in the mail from my VSO letting me know they decided my claim and should be getting a packet in the mail within a week....I did So we can't trully trust what is on Ebenfits. I think they don't even know what the hell there doing. Just stay on top of your claim and call the 1-800 # from time to time ask about the status of your on going claim.  
    • After a Denial and the veteran Appeals NOD ...Did you request a DRO Hearing/Review/ or any other Review to help get a favorable decision?  if not then that's probably why its going to the BVA.  Can you post your denial on here the reasons and bases part? Yes they sure can reduce  you based off the Original C&P, They should send you a SOC( statement of the case) or supplemental SOC ? did they?  if you don't have a Docket # yet  you maybe in for years years wait. You should go seek a private specialist for IMO to have as new & material evidence to rebut your Original C&P Examiner, be sure you find a Dr with the correct credentials (specialist in the field of medicine your claiming) If you never recieved anything back from the VA After you were DENIED & you sent in your NOD Within a year then the VA has committed a CUE  (Clear and Unmistakable Error.) This is just my thinking  seems to me they violated your( DUE PROCESS)  under the Cushman Preposition. seems your a constitutional right has been broken. other elder members I hope will chime in here! ...................Buck
    • I'm kind of confused and concerned about this one...

      I submitted my VA Disability claim for multiple items way back in 2011.  I got a very bad CP exam doc who denied everything despite nearly 20 years of treatment by civilian docs for some of the issues.  In 2012 I appealed with a notice of disagreement. In the meantime a doctor at the VA was willing to help with the paperwork for the TBI and filled it out which sped up that portion - I ended up getting  10% for tinnitus, 40% for the TBI residuals (memory and concentration) and 30% for migraines/headaches. 

      What is still on the original appeal is my feet/ankles & knees from an injury as well as left hand from putting a screwdriver through it.  It's been sitting in the 1st stage appeal limbo basket for nearly 5 years. Fast forward to 2016 - suddenly I find out that my original disability claim has been sent to Washington DC to the Board of Veteran Appeals.  Wow - what a shocker as I was expecting at least another exam.

      They said it will go before a judge.  What concerns me is that it's my original claim, including the TBI issues.  Will everything be reviewed and is it possible to lose what I have?  I thought it should have been only for the items still in appeal.

      Is this whole " straight to the board of Veteran Appeals" right from the initial C/P disagreement a normal thing?   Thanks for any insight.  





robert51

Trying To Go To 100% Ptsd From 70 And Iu

31 posts in this topic

Just how hard is it to get to 100% for PTSD... I have a very good batch of private doctor reports going back to 2004 each year I get a new report and across the board they say Poor.... has anyone gotten 100% PTSD? I hope not but with the problems happening maybe us with 70% IU and SSD will get shafted on the IU so I want to test the waters... I have a total of 9 years of twice a month doctor visits the last 5 with a private doc... My chances are???????????

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Just how hard is it to get to 100% for PTSD... I have a very good batch of private doctor reports going back to 2004 each year I get a new report and across the board they say Poor.... has anyone gotten 100% PTSD? I hope not but with the problems happening maybe us with 70% IU and SSD will get shafted on the IU so I want to test the waters... I have a total of 9 years of twice a month doctor visits the last 5 with a private doc... My chances are???????????

If the medical evidence supports the 100% higher rating, then file a claim for increase, 38 CFR 3.160(f). Having 100% PTSD would enable you to file for special ratings down the road. ~Wings

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Unfortunately, you also have to be nearly totally incapacitated in every aspect of your life to get 100% for a adjustment or anxiety disorder. You should go to the mental health claim repository and look at the 100% criteria before filing the claim. It will also be much easier for the VA to reduce your compensation in the future if a single medical exam shows some improvement. It is much harder for them to reduce TDIU if you don't go back to work and send in your employment questionnaire every year. Don't wait on them to send it to you, print one off, fill it out, and send it in on your own.

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You can also seek extra-scheduler consideration.

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If you are rated IU you give up opportunity to get housebound. I sometimes think that it is best to get the rating and see where the chips fly. If you are rated 100% for PTSD then the VA is supposed to also consider you for HB which is another 300 some odd dollars a month. There are pros and cons to a schedular rating, and the same goes for TDIU. To me it is the same rating since no one I know with a 100% rating for PTSD or any mental disorder works, and part of that rating is not being able to work. I think they should make every TDIU vet 100% schedular. The VA used to make vets who could not work 100% schedular. Work is the main criteria they use to determine higher levels of disability for any emotional disorder. Also if you are not able to work and you are 100% schedular if the VA reduces you to 70% they are supposed to consider you for TDIU. If you are housebound then go for the 100% schedular since you deserve it. If you are housebound then by definition you are also 100%.

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TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRSPART 4--SCHEDULE FOR RATING DISABILITIES

Subpart B--Disability Ratings

4.129 Mental disorders due to traumatic stress.

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name....................... 100%

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms 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 worklike setting); inability to establish and maintain effective relationships........................... 70%

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........... 50%

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)........................................... 30%

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication............... 10%

A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication..................... 0%

Edited by Commander Bob 92-93

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