Dustoff1970

The many but not all symptoms of severe PTSD I listed in my first comment are often also listed almost word for word in BVA decisions when granting vets increased in their PTSD claims on appeals.  I have over 30 years read hundreds of these successful BVA appeal decisions.  The decisions went into great detail like my first comment when approving the increase appeal and even more.

Additionally, my successful 1999 7 or 8 page VA C&P exam for PTSD increase and TDIU also listed the in same detail the same symptoms as I stated in first comment.  The examiner copied my oral and written statements almost word for word. The exam was conducted by a VA Clinical Psychologist in charge of the Reno VA hospital MH ward. 

I did not have to appeal as VARO granted my claim quickly.  Later I did file a CUE claim asking for earlier effective date that I won in 2003 when CAVC Judge Harold Greene said VARO committed a due process error in not granting me TDIU in 95.

Remember that I have been there and done that.  Keep all this mind if and when you contest the VARO decision and if you appeal to the BVA.

 This comment is not legal advice as I am not a lawyer, paralegal or VSO.

I am only familiar with older or current (????) 38 CFR regulations and DSM IV or 5 manuals of diagnostic code for PTSD plus my many years of PTSD and filing PTSD claims since 85.  

My experience and knowledge of PTSD tells me you have to have severe or very serious symptoms of PTSD in most areas of work, play social and family, friends, associates adverse interactions that negatively affect your ability to work or lead a normal social life with others such as being socially isolated from work and play and relations with others in order to achieve a 70% or 100% rating. 

There are so many symptoms of PTSD that includes but is not limited to depression alternating with anxiety, serious lack of sleep and no sleep routine, startled affect and quick temper, cannot stand loud noises, nervousness and anxiety, nightmares, constant bad dreams, flashbacks, paranoia such as standing in line with someone behind you causing you distress, mistrust of others including authority. Difficulty keeping important appointments. OCB can also be considered a symptom of PTSD.

For 70% you need to meet most of the above symptoms in severity and for 100% you need for qualified psychologist or psychiatrist to state you are Totally disabled impaired in all areas of Industrial and Social work and life.   Your VA or private medical treatment records may also indicate PTSD more serious than Moderate 50%.  

Also, if you have been prescribed powerful VA or private medications for depression and anxiety and sleep disturbance then this can also help you for increase claim.  The longer the better for using the medications for increase claim. All this worked for me back as far back as 98 to 2000 and to present time.

You have to be willing with help of someone to state in writing in your claim or appeal just how severe the above symptoms are adversely impacting you every day and night.

Since 1998 I have held the P&T TDIU rating due to 70% PTSD and with other additional disability ratings this was recently upgraded to 100% P&T.

Send copies only of everything listed above with your claim/appeal.  In my case additional notes of my serious PTSD symptoms by nurses and social workers were also helpful including records from VA VOCAB counselor stating I was not a good candidate for VOCAB due to my PTSD.  Good luck.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Yes the Arellano case is yet to be decided and separate from the recently decided George v McDonough SOTUS decision.

https://www.supremecourt.gov/DocketPDF/21/21-432/206203/20211222153332345_No. 21-432 Arellano v. McDonough Final.pdf