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  • 14 Questions about VA Disability Compensation Benefits Claims

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Spent warrior

Automatic Rating Decision Update?

Question

I was surprised to get a letter from the VA that turned out to be a new Rating Dicision regarding my PTSD (which I got rated for the first time last November). I have times where I am suicidal and once in November and once in January I ended up in the locked down mental health ward for days.

From reading the document (two page white letter, accompanied by numersous green pages) it seems that if some other evidense about me is out there the VA takes a look to see if it affects my rating. The decision was that my rating stays at 70%. The green letter kind of tells me why I am rated at what I am, and what it takes for 100%, which they say I am not qualified for.

I was very surprised, and I guess concerned. I sure don't want to loose what I have and now I worry that if I get help for something they might come back and use it against me to knock down my rating. Does this happen?

Thank you,

Spent Warrior

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5 answers to this question

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Do you have IU. I cant understand why the VA did not consider IU in your case.

J

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If you are OIF OEF vet I think maybe this generated the letter:

"Vets With PTSD May Get Benefits Upgrade

January 25, 2010

Associated Press

WASHINGTON --- The military has agreed to expedite a review of the records

of thousands of Iraq and Afghanistan veterans discharged with post-traumatic

stress disorder to determine whether they were improperly denied benefits.

The agreement stems from a judge's order in a class action lawsuit

originally filed by seven combat veterans who alleged the military illegally

denied health care and other benefits to those discharged because of the

disorder during a six-year period that ended Oct. 14, 2008.

Legal notices are currently being mailed to about 4,300 veterans informing

them that they can "opt-in" to the lawsuit until July 24 to participate in

the expedited review. Attorneys for the veterans estimate that millions

could be paid to veterans under the agreement, with some veterans receiving

hundreds or more dollars in increased monthly benefits.

The National Veterans Legal Services Program was to discuss the suit at a

press conference Monday.

Former Army Sgt. Juan Perez, 36, of Owosso, Mich., said the resolution of

the suit filed in 2008 in the U.S. Court of Federal Claims was a relief.

Perez, a father of five who did two tours in Iraq, said he struggles with

migraine headaches and an eye injury related to a head injury sustained in

Baghdad. He also has nightmares and takes medication for his mood related to

PTSD.

Since he left the military, he said he and his wife were laid off from their

jobs and declared bankruptcy, in part because of medical bills from the

birth of his two youngest kids.

"I'm glad that they are finally moving forward and re-evaluating the

Soldiers that need to be re-evaluated and doing the right thing," Perez

said. "It's been kind of a struggle not only for myself but a lot of

individuals that didn't get what they were supposed to get in the first

place."

PTSD is an anxiety disorder that can develop after a terrifying event where

the person was physically harmed or felt threatened. Symptoms range from

flashbacks to problem drinking.

The lawsuit addresses the issue of the disability rating given by the

military to veterans discharged with PTSD. Each of the seven plaintiffs was

given a rating of 10 percent or less.

The law requires the military to assign a disability rating of at least 50

percent to those discharged for PTSD, said Bart Stichman, co-executive

director the National Veterans Legal Services Program, a nonprofit

organization that represents the veterans. Since October 2008, the military

has given the 50 percent rating to those discharged with PTSD, Stichman

said.

The higher rating ensures that the veteran receives lifelong monthly

disability payments, free health care for the veteran and the veteran's

spouse, as well as health care for the veteran's minor children.

If a veteran qualifies for a higher disability rating, they may receive back

pay as well as reimbursement for health care expenses.

© Copyright 2010 Associated Press. All rights reserved."

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Do you have IU. I cant understand why the VA did not consider IU in your case.

J

j,

He's still employed.

carlie

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The military will get around this in the future by kicking PTSD vets out as personality disorders, so they don't have to pay the 50%. This is what the army did in my day to all those with emotional disorders to avoid disability pensions.

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