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    • 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.  
    • Oh, okay. Either way, the VSO should be able to view the letter on Monday. Thanks.
    • Thanks I think from now I'm just going to try and forget it cause it's more stress then what I need right now.  And my VSO that started this left and the new one is clueless 
    • Did I write something that sounded harsh? If so, I didn't mean for anything to come across that way. I was just verifying the info seeing if you could figure out what it might be.





PvtJoyI

Surprise 70% Ptsd Rating; Now What Can I Do.............?!

21 posts in this topic

I hope you can help me; not sure what I should do.
I was rated Service Connected Disable for PTSD on August 21, 2012 @ 70%. I didn't expect this at all. If anything, I thought I would get a low rating for my physical aliments............(neck, back head shoulder).
When I applied in 11/2011, I had been out of work for 3 yrs and was totally distraught,confused and disoriented. Needless to say, I finally got a job in 02/12 and it is no where near what I use to do or the money I use to make.
I'd like to know what your advice would be for this:
I see where I do have serious social and economic problems and believe I am totally diasable & want to ask for 100% PTSD, Permanent and Total. I'm still on this job that wrecks my nerves, can't stop the obsessive thoughts and wants to hurt people because I don't work well with people at all. I took this week off because I couldn't pull up the gumption to go back in there after the week, mentally.
What should I do; appeal my rating 1st and then apply for TDIU while working or do I go ahead and let the job go in order to apply for TDUI and then appeal the VA's decision?
Thanks in advance.

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The reason you didnt get 100 percent or IU was the fact you we were working.

100 percent PTSD precludes working.

Dont quit to get IU just yet. That may backfire.

J

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Big factor on why you didn't receive 100% for PTSD as JBASSER had stated, your working. You can request a re-evaluation, but based on what you said above, I believe your 70% would be lowered. You stated you been out of work for awhile. Since that evaluation, you have secured employment.

I just hope that you are receiving the counseling that you are entitled to.

Good luck!

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What did they say about TDIU?? With a 70% rating they should have considered it, automatically. Can you post their "reasons and bases" for there decision??

pr

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“I finally got a job in 02/12 and it is no where near what I use to do or the money I use to make. “

Do you make wages below the poverty level and therefore are not substantially employed?

This post shows what I mean

“. If anything, I thought I would get a low rating for my physical aliments............(neck, back head shoulder). “

Did they defer these issues or mention them at all in the decision?

Do you have a strong service nexus for any of these issues in your SMRs?

What is the prime disability of the neck,back ,head, shoulders and what are you claiming as secondary?

Or are they distinctly separate disabilities?

Reason I ask is that this stuf has to be carefully clarified for the VA in the claim.

Edited by Berta

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Thanks for the input.

Here's my break down:

SC for PTSD @ 70 %

Service Connection for PTSD and Opid abuse(claimed as chronic depression, annxiety, panic attacks and sleep disorder.

We have assigned a 70% evaluation for your PTSD and Opid abuse based on: Speech intermittently illogical & irrevelent; The examiner's assessment of your current mental functioning, which is partially reflected in your GAF score;

Your GAF score is 60. No mention of UI.

"A higher evaluation of 100%is not warranted unles there is total occupational and socail impairment, due to 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;Disorientation to time or place, memory loss for names of close relatives, own occupation, or own name.

SC for Right Shoulder Tendonitis @10%

SC for Cervical Spine Degenerative Changes @10%

"A higher evaluation of 20% is not warranted unless there is foward flexion of the cervical spine greater than 15 degrees".

SC for Lumbar Spine Strain @10%

"A higher evaluation of 20% is not warranted unless there is foward flexion of the thoracolumbar spine greater than 30 degrees".

I am going to mental health. I'm getting some sleep but haven't started talking about my issues:gang raped @ induction site, married for security and that turned out abusive, can't have kids behind STD from rape, never completeing any goal I set, always failing, haunted by service to my country, some delusion and definie memory loss; no relationship in over 10 yrs including no sexual activity; rarely deal with people.

I just went to a VSO and he said that I don't need to appeal the decision because they gave me a rating. If anything, submit medical evidence to support a request in increase of %'s.; don't file for UI unless I'm not working; should I quit the job, but sure to stay that it was due to complication of my PTSD; Don't go for an appeal because it takes 5 yrs for a decision.

What else can I say................................I'm really torn and confused and don't know what to do.

All Input Welcomed and Thanks!

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