vetquest

Daniel G. Krasnegor was my lawyer when we won a ten year old case with two remands.  I went from 80% to UI to 100% P&T.  I do not know all of the ins and outs of VA cases but at one time they got a remand moving by threatening to file with the inspector general over the time my remand was taking to be completed.  I highly recommend his services.

It looks like a favorable exam with anxiety secondary to your primary diagnosis.  I would go with Vync that you are probably looking at a 50% rating.  Thoughts of suicide might make a 70% rating but it looks like they were not concerned with your suicide thoughts.
I am a 70% veteran for PTSD and anxiety and might I suggest counseling to deal with your aggressive feelings.  You have been lucky so far to not have involvement with the law but luck runs out.  You need a good counselor that knows how to deal with vets.
Good luck and if you are denied be sure to appeal.

One thing that I found useful for a UI claim is a letter from coworkers and management about the troubles you are having holding a job.  They are called buddy statements just like statements from former service members.  They helped me get 100% P&T.

Buck,
As I understand it your effective date is what the 5, 10, and 20 year rules go by.  I was discharged in 1986 and received 50% at BVA in 1991 for PTSD.  My eff date was 1986.  I was awarded 0% for headaches with an eff date of 1991.  When the VA attempted to sever the headache claim in 2011 we used the 10 year rule on them and that was the last I heard of severance.  When the VA stated they were going to reduce my PTSD in 2011 we used the twenty year rule on them.  The BVA awarded 70% for PTSD eff in 2007 and my 20 year clock reset for 70% and the 5 and 10 year clocks remained at 1986.  I understand they can drop my 70% only to 50% because that is at 20 years.
I can get some of the regs about this but I will need to research some.
 

As it happened in my case it bounced back and forth between the VLJ and admin case processing for a couple of months.  Your time frame might be longer or shorter depending on your docket date.

My condition was first diagnosed as hypochondriasis.  After that I was diagnosed as depressive, bi-polar, narcissistic,  somatoform,  anxiety and others.  I was finally diagnosed as suffering mixed personality disorder.  It was not until ten years after my discharge that I was diagnosed as suffering PTSD.  It was another ten years before the V.A. recognized my physical disability.  For all of those suffering from emotional turmoil keep fighting and do not let them shuffle you off with a bad diagnosis.   

I cannot be sure but when I had two appeals before the board they closed one and rolled the closed one into the open appeal.  If you are at the BVA level you should be able to ask your lawyer or vet rep.

I'm seeing a LOT of veterans recently having their PTSD ratings re-evaluated and moved into another mental issue such as Major Depressive Disorder, Adjustment Disorder, etc.  The ramifications of this to the veteran is not clear, but it looks like it is a bid to remove them from a service-connected rating.  PTSD is the only mental rating that I know that can be diagnosed more than a year out of service. 
There are many PTSD claims that are getting denied because they fail to get Criterion F - "symptoms more than one month in duration."  That seems like utter horse hockey because it takes more than one month to get into the system for a C&P exam.  It's a 2-3 yr wait for most of us to get to the diagnostic exam phase.
If you don't have something in every Criterion in the VA's PTSD and DSM-5 guidelines, it's not PTSD it's something else.  I've talked to one woman who requested a female examiner and got a male examiner that got negative marks on Criterion C - Avoidance.  So, she's coming in for PTSD due to MST and the VA rattles her with a male examiner instead of the female she requested.  And somehow that very fact does not get marked as Avoidance?     It's the very definition of Avoidance!!
I'm putting the text from the VA web page on PTSD Criterion here, because they may make that page unavailable if the VA thinks veterans are actually reading it.
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PTSD and DSM-5
In 2013, the American Psychiatric Association revised the PTSD diagnostic criteria in the fifth edition of its Diagnostic and Statistical Manual of Mental Disorders (DSM-5; 1). PTSD is included in a new category in DSM-5, Trauma- and Stressor-Related Disorders. All of the conditions included in this classification require exposure to a traumatic or stressful event as a diagnostic criterion. For a review of the DSM-5 changes to the criteria for PTSD, see the American Psychiatric Association website on Posttraumatic Stress Disorder.
DSM-5 Criteria for PTSD
Full copyrighted criteria are available from the American Psychiatric Association (1). All of the criteria are required for the diagnosis of PTSD. The following text summarizes the diagnostic criteria:
Criterion A (one required): The person was exposed to: death, threatened death, actual or threatened serious injury, or actual or threatened sexual violence, in the following way(s):
Direct exposure Witnessing the trauma Learning that a relative or close friend was exposed to a trauma Indirect exposure to aversive details of the trauma, usually in the course of professional duties (e.g., first responders, medics) Criterion B (one required): The traumatic event is persistently re-experienced, in the following way(s):
Intrusive thoughts Nightmares Flashbacks Emotional distress after exposure to traumatic reminders Physical reactivity after exposure to traumatic reminders Criterion C (one required): Avoidance of trauma-related stimuli after the trauma, in the following way(s):
Trauma-related thoughts or feelings Trauma-related reminders Criterion D (two required): Negative thoughts or feelings that began or worsened after the trauma, in the following way(s):
Inability to recall key features of the trauma Overly negative thoughts and assumptions about oneself or the world Exaggerated blame of self or others for causing the trauma Negative affect Decreased interest in activities Feeling isolated Difficulty experiencing positive affect Criterion E (two required): Trauma-related arousal and reactivity that began or worsened after the trauma, in the following way(s):
Irritability or aggression Risky or destructive behavior Hypervigilance Heightened startle reaction Difficulty concentrating Difficulty sleeping Criterion F (required): Symptoms last for more than 1 month.
Criterion G (required): Symptoms create distress or functional impairment (e.g., social, occupational).
Criterion H (required): Symptoms are not due to medication, substance use, or other illness.
Two specifications:
Dissociative Specification. In addition to meeting criteria for diagnosis, an individual experiences high levels of either of the following in reaction to trauma-related stimuli: Depersonalization. Experience of being an outside observer of or detached from oneself (e.g., feeling as if "this is not happening to me" or one were in a dream). Derealization. Experience of unreality, distance, or distortion (e.g., "things are not real"). Delayed Specification. Full diagnostic criteria are not met until at least six months after the trauma(s), although onset of symptoms may occur immediately. Note: DSM-5 introduced a preschool subtype of PTSD for children ages six years and younger.
How Do the DSM-5 PTSD Symptoms Compare to DSM-IV Symptoms?
Overall, the symptoms of PTSD are generally comparable between DSM-5 and DSM-IV. A few key alterations include:
The revision of Criterion A1 in DSM-5 narrowed qualifying traumatic events such that the unexpected death of family or a close friend due to natural causes is no longer included. Criterion A2, requiring that the response to a traumatic event involved intense fear, hopelessness, or horror, was removed from DSM-5. Research suggests that Criterion A2 did not improve diagnostic accuracy (2). The avoidance and numbing cluster (Criterion C) in DSM-IV was separated into two criteria in DSM-5: Criterion C (avoidance) and Criterion D (negative alterations in cognitions and mood). This results in a requirement that a PTSD diagnosis includes at least one avoidance symptom. Three new symptoms were added: Criterion D (Negative thoughts or feelings that began or worsened after the trauma): Overly negative thoughts and assumptions about oneself or the world; and, negative affect Criterion E (Trauma-related arousal and reactivity that began or worsened after the trauma): Reckless or destructive behavior What Are the Implications of the DSM-5 Revisions on PTSD Prevalence?
Changes in the diagnostic criteria have minimal impact on prevalence. National estimates of PTSD prevalence suggest that DSM-5 rates were only slightly lower (typically about 1%) than DSM-IV for both lifetime and past-12 month (3). When cases met criteria for DSM-IV, but not DSM-5, this was primarily due the revision excluding sudden unexpected death of a loved one from Criterion A in the DSM-5. The other reason was a failure to have one avoidance symptom. When cases met criteria for DSM-5, but not DSM-IV, this was primarily due to not meeting DSM-IV avoidance/numbing and/or arousal criteria (3). Research also suggests that similarly to DSM-IV, prevalence of PTSD for DSM-5 was higher among women than men, and increased with multiple traumatic event exposure (3).

I currently have a case at BVA and was looking at my records and discovered that I asked for CUE from the Board.  It is on the third page of this document.  My memory is so bad that I forgot I did this when my case went to BVA.  Anybody have any idea if this would even hold up?   
 
 
PDFescape - Free Online PDF Editor, PDF Form Filler & PDF Viewer.pdf

I currently have a case at BVA and was looking at my records and discovered that I asked for CUE from the Board.  It is on the third page of this document.  My memory is so bad that I forgot I did this when my case went to BVA.  Anybody have any idea if this would even hold up?   
 
 
PDFescape - Free Online PDF Editor, PDF Form Filler & PDF Viewer.pdf

I agree fully about using a spreadsheet for figuring out what your payment will be.  I have one already made out.  I too am waiting for the deposit to come after being declared UI.

I agree fully about using a spreadsheet for figuring out what your payment will be.  I have one already made out.  I too am waiting for the deposit to come after being declared UI.

Thanks for the information Sir.  My attorney and I are parting ways now that I am UI and 90%.  I still have a remand to go through and the rating of a new service connected disability.  I think I am going to go this alone now as that the DAV really messed up my case ten years ago and I am confident that I can do better by myself with some help.

It look like he has about 15 cases at the board in 2016-17.  I like this search feature
at  BVA it tell you what type of case he has and his  win or lose records. If you like too look
here is a link of Robin Hood cases at the board.  I always check at the BVA for attorneys when looking for one.
https://www.index.va.gov/search/va/bva_search.jsp?QT=robin+hood&EW=&AT=&ET=&RPP=10&DB=2017&DB=2016
 

Maybe back to the VLJ again to review what was found 

I read that report of Dr. Whaley, and he sounds like a real hoot. You are on a lot of drugs, depressed, and have migraines....but in his opinion could probably work, but he can't opine wink wink. That letter pushed my buttons. VA psych docs are a lot of charlatans.

Had I opened your PTSD pdf I would have seen the IU Award. I was right on the IU Award, just a little late.
Just checked Dr. Whaley's Creds, Grad 2003, Board Certified by American BD of Psychiatry & Neurology. Your IPN claim may come down to Dueling Neurologists.
I believe most "Non-Hired Gun"  MD/DO's are very reluctant to knowingly disagree with a fellow Physicians opinion. That said, even the possibility of a Jump Ball Decision, would get you the SC.
Semper Fi

I think you've got an eventual LOCK on the IU when all is said and done. RO just has to re-Rate all your current SC's 1st.
The pdf labeled Malingering was a concern until I opened it. Any mention of possible Malingering would be bad. Nothing at all about Malingering stated or discussed, that's a relief.
As to your Claim of IPN Secondary to Heat Stroke, I see problems. The 02/2010 PN DBQ really hurts. It appears that your IPN symptoms, as reported by you to the VA Examining (?Neurologist?) Dr Whaley MD, 1st appeared around 1995 about 12 or 13 yrs after the  "In Service" Heat Stroke.
Dr Whaley, in no uncertain terms states, that your IPN cannot be Nexus to the 1983 Inservice Heat Stroke because of the "Many Years" post Heat Stroke before symptoms presented (94 or 95).  Do you know if Dr Whaley was a Board Certifed Neurologist?

A lot of data.  It has been a long case and is before bova.
exam_on_outside.pdf
remand.pdf
ptsd va exam.pdf
70% .pdf
malingering va exam.pdf
bladder va exam.pdf
outside_imo.pdf
neuro outside exam.pdf
neuro va exam.pdf
migrane va exam 2.pdf
migraine va exam.pdf
migraine va 2006.pdf
long term effects of heat injury.pdf