stebarbar

If I had to throw out a WAG Id say 70% likely based on the "occupational & soc impairment with deficiencies in most areas". If you could redact and post your C&P that would help alot of folks out on here. I can tell you that the C&P is just a piece of evidence that the VA will use to decide your claim. You doctors notes and treatment records and everything will come in to play when they go to decide your claim. In my opinion, the C&P is one of the biggest pieces because I was diagnosed with PTSD in 2011 by a VA doc and have been on meds and going thru treatment ever since and when I applied they denied me because the doc that did the exam was a joke. On the other hand I had a buddy diagnosed with anxiety in service retired and applied for comp and the exam was not favorable at all and he still ended up with 30%. So it will depend on more than just the C&P.... Hope this helps!

Whoever told you it was necessary to have all 6 things to get that rating is WRONG! Here is the federal regulation you need to quote when you ask for reconsideration or appeal, etc.

Here's the paragraph from the Electronic Code of Federal Regulations that says that all cases DO NOT have to show everything listed in the rating schedule.




Title 38: Pensions, Bonuses, and Veterans' Relief
PART 4—SCHEDULE FOR RATING DISABILITIES
Subpart A—General Policy in Rating





§4.21 Application of rating schedule.


In view of the number of atypical instances it is not expected, especially with the more fully described grades of disabilities, that all cases will show all the findings specified. Findings sufficiently characteristic to identify the disease and the disability therefrom, and above all, coordination of rating with impairment of function will, however, be expected in all instances.

[41 FR 11293, Mar. 18, 1976]

You need an IME/IMO! You will never get anywhere with the VA. Since you do have a rating for PTSD you can get an IME to say you are much worse than just 30%. This is the way the VA often does it. You have to work your way up to 70%-100%.

This is GREAT news!!!!!!

And if any of your SCs get worse, be sure to ask them for a higher rating.

As long as you agree with the decision and feel your PTSD matches the 30% criteria, relax and try to enjoy this victory!

Was going to comment on the CAR (combat action ribbon) but Berta covered all the bases! At the time I retired, 2004, this award must mention the awardee BY NAME. I have an awards ALMAR (message the Marine Corps uses) that lists me and about 20 other Marines when we were awarded the CAR for action in Iraq. The regs were obviously non-existent or very different for Vietnam vets but as long as you have the papers you do, you should be in great shape moving forward.
Good luck and so sorry you have hit a bump in the road...Keep fighting, you will prevail!
LC

“they should not question that this actually occured . “ As long as there is a PTSD diagnosis from a VA MH professional.

you are correct in this respect :
“in the absence of clear and convincing evidence to the contrary, and provided the claimed stressor is consistent with the places, types, and circumstances of the veteran's service, the veteran's lay testimony alone may establish the occurrence of the claimed in-service stressor.” from:http://www.hadit.com/forums/topic/51579-new-post-july-13-2010-new-regs-ptsd/ But they might.
The new PTSD regs and info in the above hadit link have helped OIF/OEF vets more than they helped Vietnam veterans,unless their claims for PTSD were filed within the specific dates...that should be in one of those links.

Also more info here.



Many vet lawyers, reps, veterans themselves and advocates like me fought these regs when they were published in the Federal Register for comments.

We were specifically alarmed at the required PTSD diagnosis that must come from a VA MH professional. An independent medical opinion diagnosing PTSD would not conform to the new regs.

The VA is probably the best in the world, in diagnosing and treating PTSD.
However, an arbitrary C & P, failing to diagnosis PTSD,when in fact the vet does HAVE PTSD from service, can save the VA big bucks.

Also Vietnam vets and other war vets still seem to need absolute proof of their stressor,unless they have the CAR,CIB,of PH on their DD 214.

Fortunately the internet has made it easier than it used to be for vets to not only get their inservice records but also find a buddy through their unit web sites,or even just by goggling the buddy's name.

A buddy who can give an eye witness account, placing them and the claimant at the same place and time of a stressor, can turn the tide on some PTSD claims whereby VA questioned the inservice stressor.

Also if the VA says they checked with JSRRC and JSRRC found no record of the stressor event, I say best that the vet write to JSRRC themselves (maybe VA just said they checked but didnt) or they can check the unit's history on line.

Obviously your situation might have occurred during a skirmish or battle,or even a brief incoming incident and it should be documented in the unit's morning reports.

But the circumstances alone,if they conform to the new PTSD regs, might get VA to concede this stressor.

I assume you were not seen by a medic or corpsman when this happened as,fortunately you sustained no injuries, and I have no doubt that this was a major stressful incident for you.