Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

Desertsun

Seaman
  • Posts

    19
  • Joined

  • Last visited

About Desertsun

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

Desertsun's Achievements

  1. Berta, Thank you for reponding. I do not agree with the decision. I was rated at 70% starting 11/7/2019. It seems unfair I was rated at 30% from 2010-2019. I was diagnosed with PTSD in 2010 and it clearly states that. I am grateful for the increase. I just think my rating was not considered properly. I want to move forward to TDIU and adding another condition. I spoke to my American Legion rep about and he says they did it correctly. I don't believe that. It seems the rating was rubberstamped to me. I appreciate any feedback and assistance. My BVA # is 15-31 184
  2. Thank you again Berta. I received the rating decision in the mail. I don't quite understand thedecision or the rating. Any feedback would be appreciated.
  3. Berta & Buck52, thank you for responding to my post. I appreciate our time and knowledge. Is there a place for me to view the rating decision on ebenefits?
  4. Buck52 Thank you for responding. ebenefits just states the following. I guess I have to wait for the rating letter in the mail.I don't think I have IU because in my last claim I didn't ask for it in the claim/appeal. SoI guess my next step it do that. Will that interfer with the current rating and compensation payment?
  5. Good morning, I have an "UPDATE" on my claim I would like to share and ask for guidance. This morning I saw a deposit in my account from the VA, so I checked ebenefits to find I have been rated for PTSD at 70%. My combined rating is 90% adjusted from 60%. I have not received anything in the mail so I don't know the breakdown. My appeal stated PTSD to include MDD. It looks like the MDD and PTSD were combined. I don't know if the rating person did it properly. I do know that it's not 100% TD/IU and that's what I would like to get. Can you provide any knowledge of how to proceed? Appeal_18.pdf Appeal19_revised.pdf Appeal20_revised.pdf
  6. GeekySquid, Thank you for the response and wisdom. This whole thing gets tiring after awhile and I have given up on it several times. It's so hard to tell this tory over and over again. I started out just wanting an apology for what happened to me and not being protected. I want my anger, depression, sadness, insominia, nightmares and everything else to go away. But everytime I go through this, I sink back into a black whole. I'm just tired.
  7. Good Day All, I want to give an update my appeal, hope it's helpful. I call the 800# yesterday and was told there was some notes on my file. There had not been any activity on my file prior to yesterday so, I was anxious to say the least. The rep stated that there was notes but was unsure about what it was stating but believed they were requesting a C&P exam. I didn't understnd that since the BVA decision was: IN THE APPEAL OF at least 2003, when a VA examiner diagnosed the disorder. After careful analysis of the record, the Board concludes that the Veteran's depression had its onset during active service and has existed to the present. This conclusion is based on three findings. First, the witnesses' observation of such symptoms as declining happiness, sadness, withdrawal from others, speaking in a sad tone and crying beginning in 1988 and continuing to the present establish that such symptoms had their onset during active service, are associated with the circumstances of her MST and have continued uninterrupted to the present. Second, VA treatment records show consistent observations of and treatment for depression and dysthymic ·disorder from at least 2003 to the present. Third, and finally, the VA Psy.D. who diagnosed MDD in 2010 did so based on clinical tests conducted at the time of the September 2010 consult, in which the Veteran discussed the circumstances of her MST. Therefore. an', as the record presents observations of depressive symptoms during active service and to the present, diagnoses of depression and dysthymic disorder beginning in at least 2003 and continuing to the present, and a diagnosis of MDD based, at least in part, on MST, the circumstances of are corroborated, the Board finds the evidence concerning a causal nexus between the diagnosed MDD and active service to bee, at the least, in equipoise. According all benefit of the doubt to the Veteran, service connection for MDD is appropriate. Service connection for an acquired disorder including MDD and PTSD is warranted. Current status The Board made a decision on your appeal The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview: Granted The judge granted the following issues: New and material evidence to reopen claim for service connection, Post-traumatic stress disorder Service connection, Post-traumatic stress disorder New and material evidence to reopen claim for service connection, Major depressive disorder If this decision changes your disability rating or your eligibility for VA benefits, you should see this change made in 1 to 2 months. Please see your decision for more details. This appeal is now closed **UPDATE** I called my VSO at American Legion. He looked into the file and says: So as of 8/27/2019, there is a VA Deferred Decision Rating which means a VA Decision Review Officer is actively working your case and these are the notes: “BVA has granted service connection for an acquired psychiatric disorder to include PTSD and major depressive disorder (MDD) is granted. In this exam request please include the MST verbiage. This was verified. No medical opinion is warranted, this is simply for an issue occurring in service. M21-1, Part III.iv.3.A.6.a.” So to you, be on the lookout for VA notification (usually by phone) that you have a C&P exam to attend for the purpose of getting evaluated so the VA can capture a current “snap shot” of your mental health disability. If requested to attend, you MUST go to this exam. Remember what I said about your “symptoms”. Write down EVERYTHING you are experiencing as per our discussion and that handout I gave you. This will determine what percentage the VA will award you. Once the VA receives these exam results, they will render a new Rating Decision and that will show you what they awarded you (total percentage). We are at the mercy of the VA Healthcare system and how fast Comp and Pension receives the request for an exam and how fast they can schedule the exam, at the VA Medical Center or with an available contractor. Then we must wait for them to prepare the DBQ (medical report), then they submit it back to the Veterans Benefits Administration who must then review it and write that rating decision. That’s why we let our Veteran’s know upfront after the hearing, even if expedited due to age (75 or older), life threatening medical condition, or financial hardship, it might take six months to two years, depending on how much follow-up work is needed. Remember, at the exam, when they ask you how you are doing, please don’t tell them “you are fine”. Let them know what you told me, you have your ups, you have your downs, and you have your occasional emotional flair-ups. This is the hardest thing for Veterans to do; opening up to the evaluator/examiner. Let them know EVERYTHING!!!! I know it’s hard speaking with a total stranger about your issue(s). Thank you for allowing me to assist you and thank you for your service. I am glad I was able to get you this far and I wish you future success. Ok, I amnot the sharpest in the toolbox, so I am a little confused as to why the C&P exam now. Please chme in f you understand what's "really" going on.
  8. Geekysquid thank you, that answers a lot. I had no idea all of this could be done. I will visit the law blog you suggested and post here when I get updates. I did call 1800 today and was told it was still beig worked on. To my surprise the rep stated it looked liked they were going retro to 2003. I am hoping for that but won't believe it until I see it. I did not have a rating decision but rep said I should check in once a week because I could see it in my bank account before getting formally notified. Why do they do that? I would be nice to see money in my account but would like to know ahead of time what to expect and why? I guess I should just be grateful. Truly, there will be no complaints from me. I will post the updates/outcome I hope soon.
  9. Vetquest, WOW! Thank you for this education. I all the years I have sought assistance through different channels and NEVER have I received such concise answers, coaching, instruction. You, Geekysquid and Berta have been a tremendous help. I hope I don't have to contest the effective date but if I do. I know wht to do and what to reference as my defense for requesting it. Geekysquid mentioned that I need to file for MST. Right now I am under PTSD/MDD which I don't know how or why it changed from PTSD/MST. So, I will wait to hear back from them about what I am rated for before appealing the decision. I will also ask for a increase for my back since that's never going to get better and I am at 40% for that. I will also ask for TDIU but I saw something about SMC as well. Geekysquid mentioned as an additional compensation. I have struggled with work for 20 years, my husband had businesses so I worked at times with hime but I have not had a full time regula job in over 15 years. I was hired by a big company last July but was let go because I had a difficult time with the environment (warehouse). How can I address that? I did tell the judge that I hven't had a real job in over 15 years but it's not citedin his decision.
  10. That's interesting Geeksquid my VSO caught that as well but didn't suggest that I should do anythng about it. I am glad the judge saw the information in my file and addressed it in the decision. I did initally file PTSD/MST and it states in my records by the DR. that i suffer from depression and PTSD due to MST. I don't have much faith in the VA system when it comes to compensation. I tried a few lawyers as every single one flaked on me. I send them my information and they don't call back or they wanted me to pay to see an outside Dr. or I call and call they don't respond. I gues I need a good referral. I have 40% for my back due to falling into a cement foxhole in basic training. I spent years with herniated discs, had surgery resulting in a fused L4-L5. It seems you have to totally physically dibilitated for 100 TDIU.
  11. Thanks Vetquest, I was hoping for that but it didn't look likely since at VA.gov referenced the claim appeal from 2011. Is it safe to assume that they will just go back to when I filed my appeal? Also, how doees EED work?
  12. Wow, the calculations are quite confusing Geekysquid. Initially in 2003 I filed for PTSD/MST but it seems it was changed to MDD, I didn't know if there were differences. I read in my decision this statement: "The medical evidence reflects that the veteran is diagnosed with MDD as well as PTSD. The claim has thus been recharacterized as one of service connected for an acquired psychiactric disorder to include ALL potentially diagnosed psychiactric disorders. See also Clemons v. Shinseki, 23 Vet App 1 (2009)". I'm just wondering what could mean?
  13. GeekySquid, thnks for some clarity. I called 1-800 and they didn't know what to say is next. I initially applied for PTSD MST strating in 2003. As for my current 60% I have he following: Hammertoes Left Foot 10% Service Connected Herniated Nucleus Pulposus L5-S1 with Degenerative Disc Disease 40% Service Connected Depression 0% Not Service Connected Hammertoes Right Foot 10% Service Connected uterine fibroid claimed as chronic fibroids Not Service Connected Hashimoto's disease Not Service Connected degenerative arthritis of the spine with IVDS, S/P lumbar laminectomy with residual pain and loss of mobility (previously rated as Herniated Nucleus Pulposus L5-S1 with Degenerative Disc Disease) 40% Service Connected radiculopathy, right lower extremities 20% Service Connected fibromyalgia Not Service Connected Post Traumatic Stress Disorder 0% Not Service Connected Personal Trauma PTSD
  14. Thank you Berta, Geekysquid, Vetquest. I was able to upload the entire doc now. I hope this can provide the missing piece to answer my previous questions. BoardAppeal_revised.pdf
  15. Thank you for researching, I thought I was doing something wrong. As for the remand, It does not state that I have a remand but it does state the following: https://drive.google.com/open?id=1oj7c830u8tPvgpygOITNIDYBOnUMY-YU
×
×
  • Create New...

Important Information

Guidelines and Terms of Use