SecurityForces03

If I've applied for an increase, or a condition secondary to PTSD(agoraphobia), could they reduce my rating? This was originally for an increase, I think it would be wrong if they decreased. I'm at 70% PTSD, kind of a big crossroad.

Spoke with VA today. They are requiring a mental health evaluation due to the request for agoraphobia on my claim. Since I use private healthcare for the most part, the VA said it's been a year since anyone in mental health has seen me and wants to do an evaluation.

Understood the IU portion. I think there is case law stating that you cannot work if you're rated at 100% PTSD. thanks

I guess the only caveat to all of that is if I am rated at 100% PTSD, the veteran cannot work at all, correct?

I guess my last post came out wrong. Im currently 90% combined. If my testicular C&P that I had done increases me, I will be 100% combined. My question is: If my testicular percentage goes up, I'll be 100% combined. If my PTSD goes up, I'll be at least 100% solely on PTSD. Can I still work if I'm combined over 100% and I have PTSD at 100% as well?

Thank you. So, if I get increased to 100% PTSD, I should also receive SMC-S automatically since one of my other disabilities is over 60%? My other question is, what if my other items get increased as well!? I would be over 100%, not solely on PTSD alone. Id still like to try and work part time. Note, my SMC-K is paid with my 90% rating at the same time. If I am SMC-S, is that 100% rating plus the few hundred dollars correct? Thanks buck!

Gotcha. Thank you. So I would go to the 100% rating plus a few extra hundred bucks, 347 to be exact on top of the married at 100% rating? Thanks for being so helpful!

If they increase my PTSD, specifically due to the Agoraphobia claim I have, I would go to 100% I would assume. I'm rated 70% for PTSD. I'm scheduled for PTSD exam for the agoraphobia claim. Not sure if it's a whole new PTSD exam, or maybe just for the agoraphobia claim. I wonder if agoraphobia would affect an SMC-S claim for being house bound. If I go up to 100% PTSD, I would also get SMC-S I would assume since my testicular issue is already at 60%, which I guess I may get increases as well. Im 90% currently, with SMC-K.

Do you have any insight with the info I provided above? I'm interested about this SMC-S. I have no clue what it entails or if this is possible.

FWIW, this is what I'm rated currently: PTSD: 70 Testicular Issues: 60 Tinnitus: 10 Current Claim is for: Testicular Issue Increase Agoraphobia Hearing Loss

Hi, Thanks for the quick and insightful response. I am working, albeit a part time job, I have not filed for TDIU as I want to continue to work. Makes me feel more human, for what it's worth. Im currently at 70% PTSD, but im overall at 90% SC'd. I filed for the agoraphobia secondary to PTSD. I'm curious what this C&P exam will entail if im already rated? Also, what does the SMC-S do for the veteran? What is CUE? As always, thanks Berta!!!

Hi All, Filed a claim in 2016 for a few increases and a secondary claim for Agoraphobia. I am already rated 70% for PTSD that includes panic attacks, anxiety, and depression. My claim went to gathering of evidence from Prep for decision. I had 2 other exams for this claim, one for my testicles and the other for hearing. It appears they forgot the 3rd C&P exam for agoraphobia? After speaking with the VA, they told me I have another exam regarding PTSD. Does anyone think because I asked for agoraphobia as a secondary condition to PTSD is why they're requesting another C&P? I was SC'd in 2010 for PTSD. Thanks!!

Just keep fighting and don't give up! I'm very confident with the DAV and all the help they've been!

Thank you for the words of encouragement!! I'm going to give it a few weeks before I reach out to AMC since I've been screwed with since 2009, or even the Secretary!

Thanks Berta! As you know, nothing should surprise us with the VA shenanigans!!!

Hi everyone, Had an appeal partially granted in 2015, stemming from a 2009 NOD. In Dec of 2015, I was paid and the other half of my appeal was remanded to AMC. Once back at the board, the judge agreed in my favor, yesterday 7/12/16. At this point, it's been sent back to AMC for adjudication/payment. Does anyone know what the timeframe is for backpay from AMC? Thanks all!

Called everyone today. Decision has been made but no one has an answer!!! DAV, BVA, etc! Ugh.

Ok ok!!! I just looked today and now it says "pending case dispatch"!!!! No new letter yet or any other changes! Any info anyone!?

Hi everyone, Last year, my appeal was partially granted and the rest (EMD) was remanded to the AMC. My DAV rep wrote the arguement to the remanded portion and it was assigned to one of the BVA attorneys on June 2, 2016. Yesterday I checked ebenefits and saw that the status had changed to "With VLJ". I know from the last time on the original appeal, it was with VLJ for about a month and a half. Any thoughts on this time around? Also, my appeal is from 2009 ?

Some of this sounds right but some doesn't. According to my DAV Supevisor at Washington DC Appeals Office, he said the arguement for my remanded potion has been completed on Friday has already been sent back to the VLJ for the second review. DAV rep said 30-60 days max. This is based on docket number and that this appeal has already been through review once. I'm taking it with a grain of salt, however, he has been spot on so far. Maybe it has to do with his position and location. Hope so. by the way, I've not asked for a traveling board or one at the RO. The DAV is representing in lieu of those options.

This board had a lot of positivity tonight! I'm liking it. Well, since it was remanded, the RO went in my favor. My DAV representative wrote a great arguement to back it as well. Since this is the remand and it's already back at the board, I'm hoping the judge gets it soon and can decide on the EDD. The EDD was the only part of the remand, the rest of my appeal was decided and retro was already paid. If the EDD goes through, it should be at 70% for approximately 7 years. That's a lot better than the 10% I was originally given! Thanks for the support! I'll be keeping an eye out on ebenefits!

I also received a letter from the BVA that my remanded appeal will be heard "expeditiously". I love hearing that term thrown around. My remanded portion was only for an EDD. The arguement that I read from the DAV was outstanding. Time to wait.

Hehe. That's what I figured or "With VLJ". I say that because in the description on ebenefits, it says it could have already been scheduled.

As always, thank you for your thorough response. Always appreciated! To be clear, I'm asking what should my status change to next? It's a remand so I'm guessing "the VLJ" status should be next. Is that correct? It is currently pending hearing request. My DAV rep said 30-60 days max.

Hi all, After contacting the VA Secretary, my appeal has left AMC and is back at the board. During that week process, my DAV Representative wrote an arguement for me regarding my remand. Looked excellent. I received an update on Friday through ebennies that my case is "Pending Hearing Request/Scheduling". Does anyone have a clue when the next step could be and if that next step is "With Veterans Law Judge?". My appeal has a docket date of 2012. Thanks All! SF03