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SomethingLost

Seaman
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Posts posted by SomethingLost

  1. Thanks, John and Doogie. I appreciate your kind words. Once I get my rating I'll post back and update everyone. Then I guess it will be time to decide whether another appeal is warranted or not. You'd think I'd be a little better at this waiting thing. Us vets sure get a lot of practice!

  2. I just wanted to post an update in case anyone was watching or will hit this post with a search in the future for some sort of a timeline of ratings after appeal success. I received my appeal success letter from the BVA on 28 March 2014 but am still waiting for a grant of rating from the RO. An inquiry through IRIS was returned with the answer that no status can be given at this stage of the process. No timeline for completion, no way to track other than check benefit letter through letter generator on eBenefits or wait for the BBE to eventually show up.

    -SL

  3. I'm still waiting for my rating. But my appeal was won on both contentions. :D Migraines from 30 -> 50% and an approval of a rating for MH conditions, but no word from the RO where it was kicked back to yet. I got my official Appeal notification on 3/28. Who knows how long it will be until I get an official rating, but I continue to check on my AB8 every single day.

  4. I would not be so fast to accept the answer that increases are not backdated to claim date. I don't think the statement is accurate. The best bet is to wait for the letter, see what's really going on. Usually the date on the AB8 isn't exactly accurate anyway. There are plenty of examples on the web in various forums where folks are told that's not important. Your official notification from the VA should cover back-pay date and include a breakdown of how the claim was processed and decided.

    Not the most exciting answer, but perhaps a bit more accurate.

  5. Does anyone know how long it usually takes from the point of winning the appeal to the time you get your rating from the RO? I know there is no precise answer, but a ballpark would be better than what I have now. I'm not retired, so there shouldn't be any hold up with DFAS or anything. The worst part of this stage is your appeal status has been settled in ebenefits and there is no way to track whatever stage this is.

    I keep checking the letter generator every day, or a few times a day, but that's the only thing I have to go off of from here.

    -SomethingLost.

  6. Thank you, everyone for your kind replies and support. I am still waiting on a rating decision from the RO, but I just have to keep reminding myself that the hardest part is done. I was very shocked about the Personality Disorder dx and it makes me sad to see just how much it seems this diagnosis is used to deny benefits due. If that's the way they want to shake it, how do they justify that it took longer to take the MH screening tests in Basic than the C&P? You'd think the initial enlistment screening would be more intense, but no. It leaves only one logical conclusion.

  7. I agree, John. The Personality Disorder thing was a huge blow. Even from the start I felt I had a pretty cut and dry case. I had the journal entries, I photo-copied and transcribed them. I had official paperwork, performance feedbacks which were very blatent about the misdeeds of my superiors, mentions in my medical records, buddy statements, my statement, my wife's statements. (We were married before I joined and have remained together this whole time). I thought, gee with the rating system at "at-least-as-likely-as-not" and benefit of the doubt, there's no way this could be denied. Not just was it denied, my evidence was ignored and I was insulted with a misdiagnosis that blamed me.

    If it didn't hurt so badly, it'd have to be a joke.

  8. From Appeal letter:

    "VA Treatment records, hospital records, and examination reports provide post-service diagnosis of anxiety, depressive disorder, rule out PTSD, and major depression manifested as memory loss, panic attacks, anxiety, depressed mood, hypervigilance, sleep impairment, flattened affect, suicidal ideation, and difficulty establishing effective work and social relationships.

    ....

    Service connection for a psychiatric disability, currently diagnosed as anxiety disorder with major depresstion, is granted."

  9. I originally filed my claim in March of 2011 and it's been a rough road. Despite clear evidence of my contentions and service connection, my claim was denied at every point based on unsupported claims of the condition pre-existing military service. After a while I started thinking maybe *I* was wrong, maybe my evidence was wrong, maybe my wife was wrong. It's hard to explain the self-doubt that comes along with just wanting a fair shake and having someone admit that what happened to you was a mistake and was wrong.

    Anyway, my increase to 50% from 30 for migraines was approved at the appeal level.

    But the really vindicating part is that Anxiety with Major Depression (1 rating for MH conditions) was FINALLY rated as service connected!

    The docket decision noted that the C&P examiner's claim that I had a Personality Disorder, in 2012, that pre-existed military service was unfounded, with no supporting evidence referenced. (No medical records or professional opinions outside the brief, 30-40 min exam.) It was also the first time my journal entries from the time in question, the statements from my wife, and my own statements were actually referenced. Furthermore, my claims of anxiety and depression in my medical records were finally addressed and the BVA acknowledged those points of evidence had been ignored by the examiners. (I had 2 C&P's for this claim.)

    I don't want to get into the specifics of my service-connected experienced which I had demonstrated in my evidence, but it was a prolonged situation and I had kept several artifacts that supported my claim. To finally have these things reviewed and to have a VLJ acknowledge that due consideration was not granted feels so vindicating. I mean, it's been a rough road and I wish the claim would have been settled the first time around. I wish I wouldn't have had to feel the anguish of someone blaming the things that happened to me on a personality issue. What's worse than causing someone to blame themselves when they were put in a bad situation that was out of their control?

    I don't want to preach. I know many of you are just as aware of how tough this situation can be. I just feel so relieved and I wanted to share. I've never posted here before but I've long been a visitor. Thank you to all who support your fellow vets and their family members who seek honest help.

    The date of my appeal BBE was 28 MAR. I'm still waiting for the RO to apply a rating decision based on the findings of the BVA. No letter generator update yet. The decision states a rating in excess of 30% for migraines, which can only be 50% based on the CFR. The Anxiety is a total WAG. I can post the verbiage if anyone is willing to throw a guess at it.

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