Got supplemental statement of the case letter today; it reads...
The Issue of PTSD has been favorably resolved and will be addressed in a seperate rating decision
Entitlement to IU
Entitlement to IU is denied.
Reasons and Bases:
1: A review of your VA file notes you have been assigned a 100% eval for ptsd based on your exam dated [date].
We're proud of you and happy for your win.
If I sounded negative on occasion, I trust you understand that I prefer to address Vet Comp issues with an eye towards possible problems, rather than just agreeing.
I tuned into your claim back in March or April when you posted your MST/PTSD DBQ. Had I taken the time to read your 1st post where you discussed the "In Service MST/PTSD Markers" present in your MSR's, I would have had a much different opinion of the strength of your claim.
Of course, not knowing anything about the NEW or even OLD VA MST/PTSD Raters Guidelines didn't help. I have to say that I came away from your MST/PTSD Claim with a much better understanding of what's necessary to help another Male or Female Vet prosecute their claim.
You can now start thinking about kicking yourself in the butt for not Filing and getting a PTSD Denial 10 - 15 years ago. The VA would have to deliver your RETRO $$ in a dump truck.
Unfortunately I feel you will need to describe your stressor at some point for the VA.
They might concede stressor based on your unit MOS during 911 but that is hard to tell.
It does not have to be the most horrific stressor, just one that can be verified.
Family lay statements can help but I think you will need to narrow down the stressor and prove it.
What special unit were you with? Those unit orders will help.
Did this unit get any special awards or decorations for what they did during 911?
It is always possible that your DD 214 might not reflect a citation or award that would help VA concede stressor.
DD214s can be corrected via a DD 149 form available here at hadit.
Just put Not applicable to the injustice part.
I know this must have been a terrible experience for you. When I worked at a vet center ,in the PTSD combat group, it amazed me that even though these vets already had a PTSD rating, they would sometimes get into stuff that they never told VA about at all.....even my husband.... I thought I knew his stressors and all of them could be proven ,but one night he told me there were more that he could not even begin to describe to me, let alone to VA.They were the ones that kept him up all night.
I will see if the BVA has any decisions there regarding 9/11 Rescue- Recovery service.
Maybe you have a Gulf War stressor that would warrant a PTSD diagnosis and rating...and maybe that would be easier not only to prove, but alleviate re living what must have been pure Hell.
Others will help with suggestions here as well.
(I edited this to add...
The vet had PTSD from Vietnam. He also was a firefighter called to the scene when the WTC situation ocurred. It seems VA considered his PTSD had been not only exerbated by 911 but also BVA remanded because they felt VA should consider TDIU.
At the BVA search of decisions (www.bva.gov) you could search for PTSD World Trade Center because there are other decisions there that might help determine how your claim should be filed.
And please continue treatment and therapy from the VA.It would help for you to get a vet rep or VSO to help with the claim as well.
That's what I thought. I would really just hit the Submit Button, let the Rating Dept do their Magic Act.
I continued to file Reg A$$ Claims and FDC's while on a DRO Hearing Appeal from from 2010 Denial of 6 issues, Awarded 10% Tinnitus Hearing SC'd at 0%. By the time my DRO Hearing was held 06/29/14, my other claims had resulted in a 90% combined SC rating.
If you now or in the future, think you have a Primary or Secondary SC Issue based on Med Evidence, not emotions or feelings, File the claim as an FDC with your Med Evidence attached as Pdf, sooner rather than later.