McRay

Thanks vetquest. I did not know that only the VA can issue a diagnosis of PTSD. I do think the rating is low and my appeal was for increased rating and EED. I first applied in 1978 and I suppose that almost guarantees a denial.

Did you read my question? I'm not complaining about paying the attorney. I am under the impression if you win an appeal, the VA reimburses your attorney fees to a certain amount. The fee I paid was 33%, I agreed to that and I paid it. Is any of that amount reimbursable by the VA?

Last September, I was awarded 50% SC benefits after appealing a claim for PTSD and major depressive disorder that I filed in Feb or 2016. My VSO had encouraged me to work with an attorney and recommended a firm to me. I agreed and signed a fee agreement with him. Now that I won the SC, am I eligible to fee reimbursement? After I got the backpay, I sent the attorney a check for the agreed on amount, no one mentioned anything about fee reimbursement. It was only after reading posts on this website that I learned the VA would reimburse for legal fees. If I'm eligible, how do I go about getting the fees reimbursed? Thanks!

I checked VA.gov this morning and see there sending me a SOC for the appeal I submitted on Nov 27, 2018. No fun to get appeal turned down, but I guess it's good things are progressing to the next phase. And I suppose this is more of the denial to eliminate case backlogs. There are a couple of questions that come up so I'll post them here. I know ebenefits.com/VA.gov is notoriously bad for putting up the wrong information... When I look at the page for tracking claims, it says that my appeal for PTSD claim filed on March 22, 2016 was granted, also granted was an appeal for PTSD, generalized anxiety disorder and major depressive disorder filed on Feb 23, 2016. I was granted 50%. Recently, I got a copy of the C&P exam I took August 13 of 2018. In that exam the psychologist specifically stated I don't have a PTSD diagnosis, but checked all the other boxes eg., I had experienced an event first hand and it was at least 50% likely that I my condition was caused by events in the service. I was surprised so I called my atty and the case manager told me I don't have a PTSD dx. ?? I believe I've read on here that Mental Health claims are combined and that's what I'd 'assumed' had taken place until I read the C&P exam. Now, I'm curious as to how they separate out the PTSD claim and why? Is there a specific reason they wouldn't want to SC the PTSD? I had 2 IMO's stating I have PTSD, one from a psychiatrist at the VET Center in Florida and another from a psychiatrist in Venice, FL. So now it's the form 9. I see if I don't submit new evidence it goes to BVA and I can have a Vet Law Judge look at it or if I submit new evidence I go back to the DRO Review? I was thinking of getting another IMO but that might just slow things down more. Thanks!

Odd details.. not surprising.. I'm an odd guy. I finally did get a copy of the C&P exam and I was surprised by a couple of things. Dr. said I didn't have PTSD but depressive disorder stemming from service connected incident. Then went on to check all the boxes that indicated a PTSD dx. Vets.gov says my claim for PTSD was granted and also for depressive disorder. This stuff is confusing to say the least. You were correct on the contract and FOIA. Thanks for the reply

Mover, how did you get a copy of your C&P exam? Mine just went right in the file although I did get a 50% rating. I'm going to see if the attorney has a copy. On a different note, I went into the exam as scruffy as possible, unshaven, dirty clothes, etc.. The dr. was one of the most attractive women I've seen in a long time and really nice. She was a contractor. Past experience with VA raters was completely opposite -- more like nurse Cratchet in One Flew Over the Cuckoo's Nest.

Yeah, the money would help. Somehow, it always seems to work in favor of big biz and not the vet, tho

I already asked them and they said they would apply refund to the loan balance. I'm considering re-financing so that should make things even more complicated.

I won my appeal for disability about a month after I purchased a home. I recently found out that I am eligible for reimbursement, so I contacted the lender, PennyMac Home Mortgage and provided my benefits letter as proof I was eligible. They told me they would apply and the fees I paid would be applied to my mortgage balance. I questioned them about that, since I had to use funds out of my savings for the fees, and received a reply that was the 'way' the VA does it. A little research brought up a document https://www.va.gov/oig/pubs/VAOIG-18-03250-130.pdf and this: So, my question is if anyone has any more information on this? I could use the money. Thanks

I won my appeal for disability about a month after I purchased a home. I recently found out that I am eligible for reimbursement, so I contacted the lender, PennyMac Home Mortgage and provided my benefits letter as proof I was eligible. They told me they would apply and the fees I paid would be applied to my mortgage balance. I questioned them about that, since I had to use funds out of my savings for the fees, and received a reply that was the 'way' the VA does it. A little research brought up a document https://www.va.gov/oig/pubs/VAOIG-18-03250-130.pdf and this: So, my question is if anyone has any more information on this? I could use the money. Thanks

Thanks for the replies. It keeps getting more complicated as time goes by.. I will get in touch with the atty next week and try to get some feedback. I'm ok with most of the dx but am having some trouble with the narcissistic dx. Vetquest, I agree they just throw sh*t against the wall to see what will stick. Broncovet, I'm not saying the atty should have done anything different, he's supposedly one of the best in M/H cases. I am a little rattled by the dx and wanted to post here and see what you guys -- who've been further down this road than me -- have to say. Thanks again.

I won an appeal for PTSD, unspecified mental disorder and depressive disorder last Oct and was rated at 50%. My atty filed a NOD for Increased Rating, Mood Disorder. I recently completed a psych evaluation and the tests and psychologist gave a "diagnostic impression" of Bipolar I, by history -- Cyclothymic Disorder currently -- Narcissistic personality disorder. My question is if I should file another claim for the Bipolar stuff, or is it just additional evidence for the NOD? I sent a copy of the Evaluation to my case manager but haven't heard back yet so thought I'd ask you folk. This was in the report too. I disagree with it. I had read about this before and was aware of it. I did drowse off a little and had to go back and redo about 30 questions (finger on the 2 key). That was also noted in the report. Thanks!

Thanks everyone, for the answers. I appreciate your input. This is a complicated world of VA law and I'm quite ignorant of how (and why) things work. AskNod, yes -- the first atty does have a lot of time invested and I'm really not ready to jump ship. I was ignorant of the process when I signed the original agreement, but as time goes by I'm learning. It's expensive -- hopefully I will end up with a good education. All that said, I have no real beef with my atty, other than he appears to ignore me. Perhaps that is the way of the VA foodchain... As I said before -- it's a whole different landscape than anything I've experienced.

The waiting is hard. Not knowing is hard. I find everything with the VA is confusing and difficult. Everything is too complex.

I won SC for a PTSD claim dating back to Oct of 2015 (initial claim was filed in 1978). Originally, I had filed a claim for unspecified depressive disorder, and unspecified mental condition, and PTSD back in 2015 through a service officer with the Viet Nam Veterans and was turned down. I then filed a NOD and went out a got 2 IMO's that supported my claim. In the meantime, my SO with the VVA suggested I hire an attorney and gave me the name of a firm in Maryland. He said they were 'the best' and had the resources to help my case should I need more. I signed the agreement papers in his office and faxed them to the attorney. On the form I signed, I agreed to a 33% fee. This was done 2/23/16 and then the attorney apparently filed another appeal which is dated 03/22/2016. When I received my award, in October of 2018, there was no money held out for attorney fees. Having just settled an insurance auto claim for the 33% fee, I didn't think this was really excessive UNTIL I started reading things here on this forum and then looking at other atty websites and reading some information on VA websites. As an aside, I'm not sure exactly what happened, but my VVA service officer ended up not providing my files to the attorney and it seems there was some sort of falling out between them. I sent the attorney a check for 33% of my settlement, somewhat grudgingly, but I had agreed to do that. I have been ambivalent as to how good my attorney is. I tend to agree with Broncovet and would rather pay money if it means winning my claim. I don't need anyone to hold my hand or babysit me. In 3 years I've not spoken with the attorney handling my case, only the case manager. My only communication with him was a letter he sent via email recommending I withdraw a claim I had for dental, his reasoning being it would interfere with the bigger psych claim. Recently I sent the case manager an email detailing my dissatisfaction -- yet -- I still didn't hear from the attorney. Instead, about a week later, she emailed me telling me that my recent appeal had been decided but had been sent back because of errors. Then this last Friday another email telling me she hadn't been able to get good information about the decision on my appeal and requesting a signature on a form for TDIU. Also, my case mgr told me that part of the strategy would be to get an IMO with their doctor, but she couldn't tell me when this would be because he was very busy. I'm trying to take the long view and not get my ego involved. I did win my appeal after hiring the attorney (but then again I won it before hiring attorney -- according to VA.gov claim tracking). I would like to get full disability and would like the effective date changed back to the date of my original claim in 1978. My original service officer told me how good this firm is and 2 case managers have told me the same (wry grin) and that the atty sits on some NOVO board or something. I would like to have the best representation possible. I've dealt with attorney's in the past under contingency agreements. This is a whole different situation. I don't want to drag things out by changing attorney's nor do I want to be caught short because the attorney I've got is too busy to have a case prepared. Then there is also the 33% fee.. Is that excessive? Seems most people are at 20% Or another possibility is that I'm impatient and have too much time on my hands. Recommendations?

If you notice, in the lower left hand corner of your post or reply, there is a little circle and an x and next to it Notify me of replies. Check the x and you will get an email whenever there is a reply to your post. I can really appreciate your feelings of being overwhelmed by the complication of this claim stuff. I originally filed in 1978 and was turned down, felt humiliated and ashamed that I'd even applied. That was a big mistake on my part. One thing I've learned with the VA is never give up. I too hired an attorney, and surprisingly after I did, I was awarded 50%. I'd been turned down before. I did have to pay out of the settlement I got, but it's better paying 30% than getting nothing. Good luck!

Thanks for your thoughtful response. To answer your questions, I had been denied service connection for my PTSD/Unspecified Depressive Disorder in 2016 and that was decision was overturned last October. I'm 66. I looked at the letters and while I'm not P&T there is nothing listed, no letters, about TDIU or commissary privledges. I only have 2 letters there, one that says I'm 50% disabled and another that's a Benefits Verification Letter. There's nothing listed in the Documents section, either. It seems the VA likes to keep us in the dark with their findings. I will ask for a clear and accurate description of the test they want to give me. I really distrust the VA when it comes to benefits. Thanks again for your response.

Thanks. Seems like a long time to me too. Never been through this before.

I'd been on lorazepam for around 10 years and my primary care doc wouldn't refill the prescription. An appointment was made for me with a psychiatrist and I ended up spending over an hour in the appointment, and there was more interest in my symptoms/background than I've ever seen with VA mental health. They switched me to another med for sleep and want me to go to a 4 to 6 hour psych evaluation. Currently, I've got an appeal filed for increased % of my awarded 50% (ptsd and unspecified condition) and an earlier effective date. My question is if this will be helpful to my appeal, or will it be harmful? I don't know what the test is, but the guy who made the appointment said it would take anywhere from 4 to 6 hours -- the first two being with a psychologist who will 'talk' with me and then a written and computer question session. I've done the written one before, but not the computerized version. Anyone here have any experience w/ this kind of evaluation. Do you think this could be used to lower my current % rating?

I'm pretty certain I was infected with HepC back in October of 1970 when I was vaccinated with the air gun. I first became aware of it in the mid 80's after being turned down for blood donation. It went on and I tried the different treatments and nothing worked until 2015 Viekera Pak therapy -- one positive thing I can say about VA Healthcare. Viral is down to zero now. I had a bout with varices in 2016 but haven't had any more problems. However, time is not really a friend. I submitted a claim and was turned down in 2011 and being ignorant of the claims process, I didn't appeal it. Hindsight is always so much clearer. Looking at asknod.com I see that there are possibilities of service connecting HepC and I'm thinking about getting an IMO and reapplying. However, I am already appealing a claim I was granted for PTSD and other issues which I was awarded 50% and which my attorney says I have a very good chance of winning. I'm wondering if it would make sense to go ahead and file for HepC, get the IMO and see what happens? I'm sure my attorney will advise against it, he's already done that with another claim that was on the docket with the BVA. If I do it, can I get someone like the guy on asknod.com to represent me or do I have to wait until being turned down? There's a lot of good information on this site and I see how ignorant of the BVA system I am, so all suggestions and advice are appreciated.

I'm sorta double posting here, I tacked this onto someone else's post, then read I should have posted it myself so it wouldn't get lost.. I filed a NOD this past November for an increase in my 50% PTSD/Unspecified Mental Condition award and for an earlier effective date. I'm wondering if anyone has updated information on how long it takes? I really don't know what RO my NOD is at, my case manager at attorney's office tells me that appeals are sent to many different locations, depending on workload now. No Monday Morning list to check. It's my understanding the process has changed dramatically since Feb. and the new appeals process. On vets.gov it's telling me my appeal is with a DRO and will take anywhere from 10 to 22 months. The reason I'm concerned about this is my atty is going to submit additional evidence from my C file that shows the VA didn't have all evidence at time of original denial in 1978 and is going to get an outside medical opinion and exam. My luck the VA will decide this before my atty submits new evidence and I will get to wait even longer.

Surfing through the site, I came upon this thread. As I filed a NOD this past November for an increase in my 50% PTSD award and an earlier effective date. I'm wondering if anyone has updated information on how long it takes? I really don't know what RO my NOD is at, my case manager at attorney's office tells me that appeals are sent to many different locations, depending on workload now. It's my understanding the process has changed dramatically since Feb. On vets.gov it's telling me my appeal is with a DRO and will take anywhere from 10 to 22 months.

Just got off the phone with my case manager and she told me that as of Valentine's Day, the ramp program is officially dead. She didn't know what would happen with claims already in ramp -- just said it is no more. Apparently there weren't enough Vets participating.

To chime in with my two bits... I have been getting mental health treatment from the VA off and on since 78. It seems to be dependent on where you're located as to what you get.. And, as always, if you get lucky you get good care and if not -- well, we all know how that goes. In the 80's I saw a MH counselor who worked for the VA on a weekly basis in Las Vegas. After a year of no improvement I just stopped going. I got private MH counseling in the 90's having given up on the VA In the early 2000's I went back for counseling in Chico, CA. Things hadn't gotten much better and I ended up going through a divorce that upended my life. In the 2010's I went back for MH counseling with VA in SW Florida. It was primarily meds and a psychologist (monthly) and PTSD group. Whenever I spoke with the counselor, I felt like he was fighting to stay awake. Meds didn't work and again, more personal/life problems. Moved to SE AZ and sought MH counseling. Talked to one guy at VA in Tucson who actually seemed like a therapist, but due to my location, he referred me to VA clinic in Sierra Vista. I had a tele conference with Psychiatrist who wanted to put me on meds, but said there isn't anyone available to see one on one. Apparently there is no 'choice' docs available (or funding?) in my area for counseling. I'm going to give it another shot when I have my bi-yearly appt. with PCP this January, but don't have high hopes. Best of luck to you KC3 and the only 'good' advice I can give you is not to give up on your claim. I have a couple of times and looking back now, would rather I had hung in there. Oh well, it''s part of the problem, I suppose.

<<Didnt they send a SOC with the decision?>> Yes they did. This is from my current NOD on amount and effective date: "... elects traditional appeal process and requests a statement of the case be issued concerning his appeal...." Perhaps that is normal 'legalese' -- I don't really know. After my original claim was turned down, in 2016, I signed an agreement with the previously mentioned law firm, at the suggestion of the VSO handling my claim. I received a settlement when my claim was granted this fall and yes, there was a NOD filed after signing with the firm, so they were paid a contingency fee. I did enter into a higher percentage fee agreement with them than the 20% mentioned in the article above, though. I didn't do any research into hiring an atty, in hindsight, I would have probably gone with the same people, but I would have negotiated for a 20% contingency fee and would probably have talked to at least 3 firms before selecting one. I do think it's necessary to have an atty once a claim has been denied and it would probably help to have an atty look over the initial claim, although I only know of one Vet Law atty who does this. I might have saved some time if I'd had all my ducks in a row when I filed the initial claim, but that is just 'guessing'. I actually got this website from a link on my atty's webpage. Ironic, huh?