ptsd Appeal Or Start A New Claim?

[Slowlane]

My (one year) denial for PTSD increase in excess of the current 30% will be up in about 3 months. Rather than wait 3+ years for an appeal, would it be best to wait the one year limit out and put in a brand new claim?

I realize that I would lose the difference in appeal money for a one year period which would be approx 4.5K but, claims are all they are working on right now and a new claim could be a couple of years faster than an appeal.

[LuanaLuanaLuana]

This helps my situation, SC on 40 percent of body rated 0

[NavyWife]

I like your creative idea! If you go that route, make sure to submit it as a fully developed claim using the EZ form or upload via EBenefits.

The stock market is up 30% again this year. You could invest some money into a Vanguard index fund account & make up for the appeal money!

[Philip Rogers]

Slowlane - how do you know how much the loss will be?? Maybe you're guessing wrong. They originally gave me 30% for ptsd but I appealed, appealed and appealed. Took 10 yrs but they gave me 100% retro to day one. The choice is yours. I'd go my route.

pr

[Slowlane]

Slowlane - how do you know how much the loss will be?? Maybe you're guessing wrong. They originally gave me 30% for ptsd but I appealed, appealed and appealed. Took 10 yrs but they gave me 100% retro to day one. The choice is yours. I'd go my route.

pr

Philip, I don't have a pay chart handy but (I think) 50% is about $400 a month more than 30%. So, a loss of $400 X 12 = $4800 over a period of a year. But to get upgraded to 50% in a much faster time (possibly 2 years faster) would make more sense to my 66 year old burnt out brain. Heck, in 10 years I might not even know who you are anymore. Slowlane

[john999]

I would send in your NOD and ask for DRO Hearing. This will give you time to get new evidence. What are reasons and basis of your denial? You must direct your appeal or even new claim at the reasons the VA denied you. I would not give up my retro for a bird in the bush.

[Berta]

Can you clarify what you think the PTSD higher rating would get you?

I ask because I see you get 100% now.

If you don't formally appeal and that claim is closed, you would need New and Material Evidence to re-open the PTSD claim for a higher rating.

If I were you I would seek new and material evidence to bolster the claim you still have pending now.

Meaning, I would go over the higher rating criterias for PTSD very carefully as well as read over the reasons the VA stated that they felt did not warrant a higher rating then 30%.

The 100% you have is for multiple SCa to include the 30% PTSD , I assume (and I sure could be wrong.)

Therefore if not a 100% for one single SC, you would need an additional 60% SC for an independent additional disability to gain more comp (the SMC S award)

I might be misunderstanding all this so please correct me.

.