Swag

Scare tactics, filing a claim for increase for migraines should not get you a decrease in your ratings.  In order for VA to decrease your ratings they must show that your current disabilities have gotten better.  You don't need a lawyer or VSO just make sure you file the correct forms.  If you feel you can't handle filing the claim then you can get a VSO it is your call.  Just make sure you stay in control of what your VSO is doing.

I have no idea why these lines suddenly popped up in my reply---- can somene advise how to fix?

This is basically the BVA's rendition of the 2010 PTSD regulations:
"With specific respect to PTSD, 38 C.F.R. § 3.304(f) states that “ service connection for [PTSD] requires medical evidence diagnosing the condition in accordance with § 4.125(a) of this chapter; a link, established by medical evidence, between current symptoms and an in- service stressor; and credible supporting evidence that the claimed in- service stressor occurred.”  As relevant to this claim, 38 C.F.R. § 3.304(f)(3) states that:
If a stressor claimed by a veteran is related to the veteran’s fear of hostile military or terrorist activity and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of [PTSD] and that the veteran’s symptoms are related to the claimed stressor, 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.  For purposes of this paragraph, “fear of hostile military or terrorist activity” means that a veteran experienced, witnessed, or was confronted with an event or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity of the veteran or others, such as from an actual or potential improvised explosive device [IED]…small arms fire, including suspected sniper fire. " 
 
https://www.va.gov/vetapp18/files8/18130420.txt
There is a lot more to this claim but regarding the PTSD:
"Overall, the Board finds that, resolving any reasonable doubt in the Veteran’s favor, a psychiatric disability, to include PTSD, depression and anxiety, is related to the Veteran’s active service.  As such, the Board concludes that the criteria for entitlement to service connection for a psychiatric disability, to include PTSD, depression and anxiety, have been met and, in this regard, the Veteran’s claim is therefore granted.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304(f)."

 

I think this was Swag's reply to me:
"I don’t know what is stressor but I have been thru some terrifying stuff ."
By now I am sure the VA has asked you for any stressor information or anything inservice event (s) that would cause these disabilities:
"Mental Disorder Diagnosis #1: Major Depressive Disorder, with anxious distress
Mental Disorder Diagnosis #2: Other Specified Trauma- and Stressor-Related Disorder
Mental Disorder Diagnosis #3:"
VA will usually 99% of the time concede a stressor nexus if a vet has the CAB, CIB, or PH n their DD 214.
Otherwise the VA will run the incident (s) through JSRRC to confrim the event that led to the current MH disabilities.
Vets themselves often have to find proof of their stressors.That can be done with buddy statements and other ways, such as unit morning reports etc etc.
If you have given VA already some info on the "terrifying stuff" it is always best to prove the easiest one ,if you can determine which one that would be.
JSRRC (Joint Services Records Researh Center needs dates as close as you can come-to the actual dates, and places.
My article here on Stressors is a little dated but it covers a lot of what I have learned- I was a vet center volunteer and voted into their Combat PTSD  Rap Group  1983 and I am the widow of a 100% P & T SC PTSD vet.
Stressors  do NOT depend on combat- by any means- they can occur  and cause PTSD due to any non -combat situation, in the military, as well.
https://community.hadit.com/topic/51577-new-post-defining-a-stressor/
BUT you might fall into the 2010 PTSD regulations-
Were you OIF/OEF incountry? ( Iraq/Afghanistan)
I have trouble finding those regs here but will post them-

THANKS Tbird- I think it happened because at first I forgot to paste as plain text, and got the BVA stuff running in a long line- which is so hard to read-and tried to delete that - so maybe that is what happened....
I have learned so much over the years by reading BVA decisions- denials as much as awards contain a wealth of information and include  the specific regulations for each case, and also good case law citations.
Sometimes a vet might be able to even find a good IMO  doc in their area by reading recent decisions that involve their  same RO and same disability.Often the BVA ony uses IMO doc's initials but still ,if a vet goes to any state data base of doctors, they might find the doctor with the same initials, would could help them with an IMO.
We do have a list of lots of IMO doctors here as well. Often the only way to get someone with expertise to opine properly on a claim....to overcome the lousy C & P exams so many get. It can be costly and that is SO unfair.
 
 
 

It is so sad that the VA does low ball or deny first time claims and then they wonder why suicides are so high. 
I don't understand (other than its their actual mission) why the VA does not start approve these claims when they know the BVA will either approve or remand the cases. If the BVA is demonstrating the the ROs are getting it wrong then the ROs need to change the way they make their decisions. I work for the federal government and if our appeals units are overturning our denials then we start changing the way we make our decision (we approve them), if we didn't we would either be reprimanded or fired. Why can't the VA do the same thing...the VA is really discouraging for vets, which is very sad.
Vets have enough problems without having to also fight the VA which is meant to help us...JMO

I agree with the 70%- as potential - and if you are not employed the VA should send you a 21-8940 to apply for TDIU.
But then again my husband was finally rated properly for his PTSD ( 100% P & T ) (1997)and they took so long to rate him, that he had been dead for almost 3 years before they made that posthumous award.At least they gave him the correct EED , 1991.He was 30% SC PTSD in his lifetime.
Also he received SSDI solely for PTSD but as a victim of VA's ability to 
"Hornswaggle"his claim, the VA told my two state senators and my Congressman that the SSA refused to release his SSDI records to them.
I still have those letters. I called SSA in Baltimore only to learn that VA had never even requested those records. His signed  authorization form for VA to get them was in his C file when he died.He should have seen his 100% award in his lifetime.
Another problem was that the VA claimed they never had any medical records from his shrink.I went right over to the VAMC, and the shrink gave me copies of everything and wrote a letter to the VARO as well.The award letter soon followed.
BTW the SSDI award was based solely on his years of VA health care, from 1983 to 1994.
It is one thing to opine on  a rating that we feel should be proper-but we can never determine what VA will really do. 
Do you receive SSDI and is it solely for your disabilities this exam is for?
 
 
 
 
 

Great answer Berta,
In my case the VA sent two requests to Social Security.  After the second Social Security replied that they had no records for me!  I was dubious at first, but after checking the fax number it was evident that Social Security is as bad as the VA is some areas.
I always wonder why people think more government is the answer when the opposite is most efficient.