ptsd Post Dro Review

[stever]

Just received a letter from my RO stating that the va office will try to resolve my NOD for an increase for my PTSD and TDIU. I have a pending appeal on the evaluation of my service connected PTSD and was denied entitlement to TDIU. My rating is 50% for PTSD and I have a 10% rating for tinnitis. I know I do not meet the requirements. My VSO wrote please accept this statement as NOD on the issue of entitlement to TDIU on both an extra schedular basis and pending the outcome of the pending appeal on evaluation of service connected PTSD. My case for an increase was denied by the DRO originally, won"t thet probably come up with the same decision? My C&P Doc stated that I was unemployable, did they over ride his decision? On my statement of case under evidence they listed my va exam dated 11-29-11, this was the day I had my psych exam, but my medical exam was on 12-01-11, they did not list that one under evidence and that's when the Doc put on my report that I was unemployable due to PTSD. Any thoughts?

[justrluk]

If I'm not mistaken, the doctor treating your condition may or may not make decisions re: employability. Mine usually just enters treatment notes, not opinions. When I pressed him for an opinion, he was very evasive. I'd get something specific from him (write it yourself and present it to him) that states the condition, treatment, prognosis and nexus to service connected condition (redundant, but I wouldn't leave anything out). Make sure it says "this service connected condition (insert here) is due to (service related incident) and renders (name) unemployable due to (symptoms)." Be short & sweet in the letter. JMHO; I've not written one of these letters and I'm sure others will have better examples specific to PTSD. Also, you may want to post in that forum asking others for sample letters.

[carlie]

Just received a letter from my RO stating that the va office will try to resolve my NOD for an increase for my PTSD and TDIU.

I have a pending appeal on the evaluation of my service connected PTSD and was denied entitlement to TDIU.

My rating is 50% for PTSD and I have a 10% rating for tinnitis. I know I do not meet the requirements.

My VSO wrote please accept this statement as NOD on the issue of entitlement to TDIU on both an extra schedular basis and pending the outcome of the pending appeal on evaluation of service connected PTSD.

There is 4.16a for the minimum percentage criteria for IU and part 4.16b for the extra scheduler.

4.16b can be done - but I have rarely seen it happen.

My case for an increase was denied by the DRO originally, won"t thet probably come up with the same decision?

Sure it will. For you to get the increase you will have to surpass their exact reason/s for denial with medical evidence

that is supported with full medical rationale, from a mental health professional.

My C&P Doc stated that I was unemployable, did they over ride his decision?

First off it's a C&P examiner - they are not our Doc's - they work for VBA Compensation & Pension Services.

They may opine on your conditions, residual effects, limitations, occupational and social impairment, etc...

but they have absolutely NO AUTHORITY to make adjudicative decisions. Only VBA decision makers have

the authority to adjudicate and make decisions.

On my statement of case under evidence they listed my va exam dated 11-29-11, this was the day I had my psych exam,

but my medical exam was on 12-01-11, they did not list that one under evidence and that's when the Doc put on my report that I was unemployable due to PTSD. Any thoughts?

This needs to come from a mental health pedigree and be fully supported with medical rationale.

JMHO - carlie

[deanbrt]

It is my personal belief your C&P examiners words will carry weight at the BVA level.with emphasis on benefit of the doubt. Once it gets to BVA I would try to get an additional IMO as further evidence and waive your right to have the VARO review it.

[ketchup56]

The dro should have REFERRED your claim to the director of c&p services in washington,dc for extra schedular consideration since you did not have the required % for regular tdiu, even if they felt you did not warrant an increase in disability to bring you to required 60/70%. If any of the evidence of record states unemployabilty and the percentage of disability is not there the vba must refer this request. They will not unless you stress this.

I myself had the same thing happen to me, when i filed tdiu as part of my INITIAL claim, and they denied it along with the initial claim, but i appealed it to bva and there is where i believe i will win it.

Force the va to send this to washington,dc and even if they deny it you would know the EXACT evidence you need to rebut there decision.