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68fmfdoc

So Did Not Submit Info To Va For Statement Of Case

Question

My NSO did not submit the request for information from my counselor regarding my PTSD. I just received my "Statement of the Case" and they did increase me from 30% to 50% based on information from the VA Hosp only. The counselor is really the one who knows me best.

Also, has anyone any information on 38 1154(;)?

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My NSO did not submit the request for information from my counselor regarding my PTSD. I just received my "Statement of the Case" and they did increase me from 30% to 50% based on information from the VA Hosp only. The counselor is really the one who knows me best.

Also, has anyone any information on 38 1154( ;) ?

50% for PTSD is pretty strong. You need to look at the requirements/conditions for 70% and see if you meet those. If you don't meet the majority of them, I would not NOD this. If you do meet the 70% critria, then you need to NOD and go for TDIU also.

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68fmfdoc,

http://www4.law.cornell.edu/uscode/html/us...54----000-.html

TITLE 38 > PART II > CHAPTER 11 > SUBCHAPTER VI > § 1154Prev | Next <H2 class=catchline>§ 1154. Consideration to be accorded time, place, and circumstances of service</H2>How Current is This?

(a) The Secretary shall include in the regulations pertaining to service-connection of disabilities

(1) additional provisions in effect requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran’s service as shown by such veteran’s service record, the official history of each organization in which such veteran served, such veteran’s medical records, and all pertinent medical and lay evidence, and

(2) the provisions required by section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act (Public Law 98–542; <A href="http://www4.law.cornell.edu/usc-cgi/get_external.cgi?type=statRef&target=date:nonech:nonestatnum:98_2727">98 Stat. 2727). http://' target="_blank">

(b) In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the United States during a period of war, campaign, or expedition,

the Secretary shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service,

notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran.

Service-connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary.

The reasons for granting or denying service-connection in each case shall be recorded in full.

Hope this helps a vet.

carlie

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Have your conunselor write you a statement concerning your PTSD. You can use the statement to ask for reconsideration of the rating decision.

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Remember to put your VA claim number at the top of every page of all correspondence and documents you send to the VA. Also, conclude all statements in support of your claim with the following certification sentence: " I hereby certify that the information I have given is true to the best of my knowledge and belief."

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If you feel that the VA omitted info from your counselor-which would warrant a higher rating- by all means- put the onus on the rep to get this properly addressed by the VA.

Then again- my husband had years of PTSD counseling etc etc and 2 hospitalizations for PTSD.

He went from 30- to 100% P & T based on a letter from his VA psychiatrist. I asked this doctor to submit the letter to VA himself as they had ignored Rod's SSA award for PTSD and

considerable other relevant info.

I dont know how probative these counseling records would really be to your claim.Maybe the rep felt they would not help.

If they are from a private shrink- and you feel they would put you into higher rating you should NOD the decision with the support of the rep.

Edited by Berta

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