ptsd Still In Limbo With Rating Board

[JamesPT]

Hello everyone. Just seeking opinions for those who have navigated the so frustrating claims process. As I mentioned in my previous posts, had a VBA hearing before a washington DC. Judge; file was sent to DC, it was then remanded for an additional physical exam at the Vets Hospital. The exam was done in middle of June of this year. Now I am getting statements from the VA Regional stating that they are still working on my claim for service connected compensation, it goes on to say that they have forwarded my claim to the Rating Board for a decision and that they will continue to contact me every 90 days regarding the status of claim. Criminy, just receiving contact statements every 90 days may just be their way to delay on a decision and leave me hanging until hell freezes over. I have submitted numerous statements from Doctors, surgeons, family memebers war buddy statements, Physical Therapy for post surgery to service connected injuries and so on and so on. I just have no more statemets to submit. I will also request an increase for PTSD condition; I have been seeing a private sector Psychiatrist for a support statement, I will get his written statement next week. Had to go that route since the VA shrinks don't write support staments regarding PTSD condition. I am hoping the Psychiatrist's statement helps for the increase request; for all I know at this point we are going to go the rounds and continue the vicious circle which as many of you know adds to the mental stress and it's all very debilitating. Somebody please tell me; is it all worth it? I am mentally and physically a mess on the verge of ending the bureaucratic battle. I think I have to dig down deep and get my fighting spirit and continue with the process. Anyway, God bless all of you ladies and gentlemen. Comments are truely appreciated. So long for now.

Jim

[carlie]

Jim,

WA-LA - you are now JamesPT -

pay attention to upper and lower case letters.

Your password was not changed.

Thanks for stepping up buddy.

[JamesPT]

Thank you.

[SheilaLundlee]

Unfortunately at this point, any paperwork you send VA "may" add time to your claim. You can call the 800# or send an Iris Inquiry and they will not delay your rating but again if you send in new evidence or a new statement your claim will be removed from the board area, and back sent to development to figure out if more information is needed to go with the new statement or new evidence. This is just my opinion but try not to delay your decision, give VA a chance to do their Job. I know this is hard but you really need that decision. Even if you file for an increase for PTSD right now, it "could" delay the decision that you have been waiting on.

Hi James,

I'm sorry but I tend to agree with Pete on this. I'm not positive, but I think there are "suspense dates" assigned to each part of the process. It stands to reason that each new piece of evidence submitted would increase the time the VA allows for a given part of the process. For instance (just a Wild A**ed Guess), if the rating specialist is allowed 90 days to produce a proposed decision on a "complete" package, the 90 day clock might start on the day after they receive a new statement from you. The next time they receive a statement from you, they might get to restart the 90 day clock. Just a possible scenario; not based on any actual knowledge of the VA timeline...

If it were me, I would fax a statement to the VARO and tell them to please use the evidence currently in their possession to make the rating decision. You can keep a copy of the fax and start a folder to contain any evidence that comes in after the date of the fax. JUST MY OPINION.

Also, let's say the rating decision is issued, but you don't agree with every- or (any-)thing the VA decides. Your first move is to file a Notice of Disagreement. In the NOD, you can request a Decision Review Officer (DRO) hearing at the regional office. At that hearing, you can present any evidence that came in after you told them to rate the claim with what they had - assuming the new evidence is relevant to any part of the rating decision that you don't agree with...

Clear as mud??? :)

Keep your chin up!

sheila

[carlie]

sheila,

Some of that advice would be good at the VARO level

but this member is at the BVA level.

He can continue to submit additional evidence right up until a decision is made,

directly to the BVA.

If he does he should also submit a signed Waiver of VARO consideration each

time that he submits any additional evidence OR if no Waiver is submitted

then most likely the BVA will remand back to the VARO for them to consider

the additional evidence.

To my knowledge there is no NOD option or DRO option at the BVA level.

If the BVA denies - then you have I believe 120 days to file with CAVC.

[SheilaLundlee]

sheila,

Some of that advice would be good at the VARO level

but this member is at the BVA level.

Carlie, thank you!!! I totally boned that one. Sorry about that James...I'll do better next time :)

sheila

[carlie]

sheila,

No problem, as I said some good guidance for VARO level.