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PTSD va appeal

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koslafski

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I applied for an increase to PTSD while I was at 70%. I was lowballed at the exam and they proposed to decrease me to 50. I have 3 private DBQ's done and a letter from my VA psychiatrist ( She explicitly states although I have been in complaint with treatment, it has been refractory, since the Va said that I was improving ) all in my favor. I was wondering what argument VA can propose to deny my claim. I'd like to be ready for every possibility.

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Was this a TDIU claim or for 100% SC PTSD?

VA can deny the claim by completely ignore the evidence you mentioned.Do you have proof that you sent it to them and that they received it?

"I was wondering what argument VA can propose to deny my claim. I'd like to be ready for every possibility."

Good for you! We all have to think like that.

We had a new member here about 2 months ago and I immediately saw two major landmines to their claim, which I pointed out to them and told them to check with their POA .The POA seemed to think one was not a landmine at all ( I still think it is) and they have not gotten back to me on the other one here yet.

Either one of those landmines I saw in the claim could cause an immediate  denial.

If the VA fails to consider the evidence you mentioned and does not list it in the decision, they have committed a CUE under 38 CFR 4.6. It would be an easy CUE to prepare- and more info on this tactic is in our CUE forum. My last CUE, filed within 2-3 days of their ludicrous denial, ( 1151 HBP claim) was awarded in a month after the denial date, when they got the CUE request from me.

I have asked the new Secretary to make my tactic into a Fast Letter.A few here have used this tactic already.It really would not take a formal regulation, The regulation already exists under 38 USC 5109. A Fast letter or Directive would strength our ability to use it, against the VA, like they use it against us.

Odd...my VARO has ignored probative evidence from me for years,which CUE claims brought to the front again. Yet they have not ignored my CUE claims....particularly those filed ASAP after their decision.

 

 

 

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Yes. it was supposed to be an IU, but I'm not going to argue IU because it has too many complications, hence I decided to just go for PTSD increase.

Thanks for pointing out the CUE! But I haven't submitted my new evidence yet, Just waiting to figure out is there anything else I can do before I send everything in. In order to avoid the time constraints, I probably got to regional Office personally to submit everything and get a copy of everything. During my first claim on paper, they have failed to list 2 of the conditions I have claimed, so I have learnt my lesson in that sense already!

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