michaelr5343

What an utter waste of a press conference. The prez had a great opportunity to win lots of political points by firing "Rick", assuring the veteran community and America that vets WILL be cared for and implement executive order to do any number of things to make the situation immediately better. Instead, he did was he is all too often accused of, placating for the sake of HIS presidency and legacy. Keep on kicking the ball down field Berry!

Thank you all for the comments on this thread. I relate so closely with the idea of only wanting to be outside and with my kids and animals. I too am 100%, but I'm still in the fight to get permanent status. Given the recent round of corruption in the news, coupled with my daily intense fight with the RO, I'm on the verge of the type of rage of which there is no return.

I am a combat veteran who was diagnosed with PTSD in 2009 following my service in Iraq. Additionally, I suffered a traumatic brain injury from a motorcycle collision as a civilian police officer. In December 2012, I was finally awarded an increase from 70 percent to 100 percent disability. However, I was not awarded the permanent status, which as you all know, opens the door to benefits I need for my family. Rather, I was scheduled for an appointment for five years from now by the VA whereby, I will be evaluated and MAY receive permanent status. There is no doubt this decision by the VA is in error as my condition has continued to be a prevalent part of my daily life and in many cases, has worsened. I have sought independent opinion from a local psychiatrist who confirmed my diagnosis and the severity, but does not feel confident with a permanent prognosis due in large part to my recent graduation from graduate school. Can any of you direct me toward any studies or other credible sources which I may cite in my argument to the VA? The standard is that there is no reasonable likelihood that my condition will improve in my life time. I'm finding in my research that this is a subjective and vague standard, and one not easily explained. Any insight you may have is greatly appreciated.

meghp0405: Thanks for responding. I was awarded 100 percent on Dec 21 with a future appointment in 6 years. I'm going to complete a separate exam/opinion which speaks to the permanent nature of my PTSD, couple that with any other supporting documentation (SSDI Award letter) etc. and file a NOD/Request for De Novo review. Hopefully the DRO will adjudicate it at their level in St. Petersburg and not escalate it to the BVA. I found the form you mentioned and planned on sending it in as well

I guess I'll never get the answer. The question is now moot for me now since the board increased me to 100%.

VADDS: Thanks for responding to my post and the good information. I researched a little more and find there seems to be conflicting BVA case law related to SC and bruxism. The first awarded the appellant a SC based on evidence provided by the psychiatrist and the dentist. (Citation: 0307941, 04/25/2003). The second, and most current, denied the appellant for precisely the reasons you stated in your response. (Citation Nr: 1145541, 11/14/2011). It seems it can be reasonably inferred, presuming the absence of further development by the BVA, that the most current decision would be controlling in future cases. I was encouraged by the verbiage of the Board in the 2011 case: "In making this decision the Board acknowledges the clinical evidence at a minimum raises a reasonable doubt that there is a relationship between the appellant's posttraumatic stress disorder and his bruxism. The Board, however, is not free to ignore or make exceptions to laws passed by Congress. 38 U.S.C.A. § 7104© (West 2002). The law is very specific as to the criteria for granting service connection for dental disorders, and eligibility has not been shown in this case. Perhaps the law should be changed, however, "the fact that Congress might have acted with greater clarity or foresight does not give (the Board) carte blanche to redraft statutes in an effort to achieve that which Congress is perceived to have failed to do." United States v. Locke, 471 U.S. 84, 95 (1985). Where the law is dispositive, the claim should be denied because of the absence of legal merit. Sabonis. Simply put, in this case, the Board has no alternative but to deny the appellant's appeal." (Judge D. Brown, BVA) It appears the law is ripe for revision in this area. Regardless, I renew my my original question: When, if at all, and how, is it best way to introduce a new SC illness/injury when the original claim is at the RO on appeal awaiting a new rating decision?

My original PTSD claim is in the appeal process at the RO, hopefully soon to get a bump from 70% to 100%. Recently, I was diagnosed with bruxium (teeth grinding) due to nightmares. Obviously, I want to add this to the list of service connected disabilities. However, my reading suggests any additions to my claim at this time might have a slowing effect in the adjudication of my original claim. On the other hand, I think the claim of bruxium adds to the totality of circumstances which evidences the exacerbation of my condition and thus, bolsters my original claim. What are your thoughts and/or experiences in this area? If yes to submitting claim now, what is the best way to introduce this claim to the RO? (I'm in the process of completing the Dental DQB with my civilian dentist and I'm holding a completed VA Form 21-526b, as well as other supporting documentation)

Thanks for your input. He picked up the completed PTSD Benefits Questionnaire from the clinic today. It states total occupational and social impairment and has most of the symptoms checked. His VSO delivered it to the Board. Hopefully it will be what they need to award T&P. I have attached the form for others who may need it as well as a great law review article about PTSD and how the VA rates claims. VA Form 21-0960P-3.pdf BACK FROM WAR—A BATTLE FOR.pdf

My husband has appealed his 70% PTSD rating and is trying to get to 100%. We have a meeting with his social worker therapist (he sees him weekly) on Tuesday and are taking the attached form (VA Review PTSD Disability Benefits Questionnaire, VA FORM 21-0960P-3) for him to fill out and sign, followed by a co-signature by the psychiatrist. Is there anything else that would be helpful to submit with it? And is there anything specific the therapist should include in the comments section? We have read extensively about the criteria and are confident he falls within the guidelines, but aren’t quite sure how to articulate "grossly inappropriate behavior; persistent danger of hurting self or others." The latest SSOC stated the current evidence did not warrant an increase in disability most notably due to his recent graduation from law school. We have failed to find anything directly on point with this issue and appreciate any thoughts or advice.