WHOLESALE

I don't make the rules. The VA does. I could have boosted you up but that would have been wrong of me to do. Just posting some facts dude. Didn't mean to ruin your excitement. Jay

That's a sad case. I wonder what he died from? I hope it wasn't PTSD. That would be really sad.... Jay http://www.va.gov/vetapp09/files1/0901523.txt Citation Nr: 0901523 Decision Date: 01/14/09 Archive Date: 01/22/09 DOCKET NO. 06-01 703 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Providence, Rhode Island THE ISSUES 1. Entitlement to an initial rating higher than 10 percent for post-traumatic stress disorder (PTSD) from March 22, 1996 to August 5, 1996. 2. Entitlement to a rating higher than 30 percent for the PTSD from August 6, 1996 to July 23, 2001. 3. Entitlement to a rating higher than 50 percent for the PTSD from July 24, 2001 to April 14, 2003. 4. Entitlement to a rating higher than 70 percent for the PTSD since April 15, 2003. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD D. M. Ames, Counsel INTRODUCTION The veteran had active military service from April 1967 to April 1969. This appeal to the Board of Veterans' Appeals (Board) originated from a July 1997 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), which granted the veteran's claim for service connection for PTSD and assigned an initial 0 percent (i.e., noncompensable) rating retroactively effective from March 22, 1996, the date of receipt of his most recent claim. He appealed for a higher initial rating. See Fenderson v. West, 12 Vet. App. 119 (1999). In decisions since issued during the pendency of his appeal, the rating for his PTSD has been increased incrementally in the "stages" indicated. Fenderson, 12 Vet. App. at 125-26. In an October 2006 memorandum decision, the U.S. Court of Appeals for Veterans Claims (Court) set aside and remanded portions of the Board's September 2004 decision for further development. FINDING OF FACT The veteran died before the Board could issue another decision in this appeal. CONCLUSION OF LAW Because of his death, the Board has no jurisdiction to adjudicate the merits of his claims. 38 U.S.C.A. § 7104(a) (West 2002); 38 C.F.R. § 20.1302 (2008). REASONS AND BASES FOR FINDING AND CONCLUSION Unfortunately, the veteran died during the pendency of this appeal. As a matter of law, appellants' claims do not survive their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). This appeal on the merits has become moot by virtue of the veteran's death and, therefore, must be dismissed for lack of jurisdiction. See 38 U.S.C.A. § 7104(a) (West 2002); 38 C.F.R. § 20.1302 (2008). In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the veteran. 38 C.F.R. § 20.1106 (2008). ORDER The appeal is dismissed. KEITH W. ALLEN Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs

Do you know how many side effects are on just one typical medication? 20? 30? Name one medication out there that will have "NO SIDE EFFECTS" on the medication info. Jay

Also, the side effects from some medications are worse than the disease itself. Two meds I currently take cause chronic diarrhea. I have asked to take different meds but the doctor says my condition is being controlled well and switching drugs would be real risky. I leave all these decisions up to the doctor since that's what he gets paid for. Jay

But what if the meds you're on are the only meds you can take? Jay

I haven't heard of anyone rated 0% for PTSD. Has anyone else? Jay

How long have you been out of the military? What is your disability? Have you had continuity of treatment since military? Do you have documentation in service? These are just some of the issues that VA uses to grant claims. Jay

Gotcha

WOW! THAT'S AWESOME... First time arounds a charm sometimes. Jay

That is correct but we were just confused how someone could be rated 10%. Seems anyone with PTSD would be worse off than 10% disabling. Jay

"Guess we'll see how it goes from here." I've heard that one before from an examiner. Next thing I knew he lied about my treatment history. Good luck on yours though and the sooner you get a copy of your exam the better. gotta think positive though. Jay

I agree because even with just the diagnosis of PTSD you would have to have the symptoms for the diagnosis which are grave in themselves. If you haven't yet get a copy of your medical records. If you have a good relationship with your shrink maybe he/she can print them out right there for ya. That's what I usually do to bypass the beaurocratic hogwash. I then highlight the documented symptoms and other things that would indicate the level of impairment according to the rating shedule. If you haven't yet seen the rating shedule for PTSD you should take a look at it and see what rating you should qualify for with the symptoms in your file. It also doesn't hurt to ask for a SPECIFIC rating after you see what rating you should be at. Sometimes being specific with the VA helps. Jay

Bummer, now that's just wrong ain't it. Jay

You can fire and request another VA doctor if you feel you're not being treated fairly. I have done it couple times. Jay

I got my 250 from SSDI but not from VA yet.....

i have my TDUI packet all ready to go and labeled. I will turn it in a day before my exam. I don't want the VA to delay my exam because of me turning in new evidence. They may feel the examiner needs time to review it and then postpone my exam. I've waited too long and it would kill me to have a delay. But I do have it all ready and it looks like a college term paper. I even have it in a clear plastic folder so the papers don't get misplaced. Cover sheet too with evidence numbered. jay

Did you appeal SSDI? Most don't get it first time around unless you have all your ducks lined up. Jay

Get a copy of your most recent medical visits and turn them in. With those GAF's you should have symptoms documented to support those GAF's. Suicidal thoughts should also be in your file if you told this to your shrink. Like larry said you definetely should qualify for a higher rating considering your treatment records are indicative of your GAF scores. Jay

well stated! I agree the wording is what the VA looks a the most. \\ jay

Have you been granted UI since your doctor determined you're unemployable? jay

VA regulations are they are supposed to rate you according to the higher evaluation. Have you turned in the higher eval? Hopefully the higher eval is thorough enough for the VA to weight it accordingly. Jay

At my first Comp&Pension exam the shrink didn't even give me a GAF. I guess the GAF really isn't weighted by the VA that much. Jay

It's harder at 50% but it's possible. According to VA regulations you can get UI even if the rating is less than what's usually required if you're unemployable. Are you receiving SSDI? How long has it been since you worked and are you working now? Jay

I have a claim in for chronic diarrhea that using the same rating scale as IBS. According to the rating schedule I should get 30% but the VA will probably low-ball me at first. I have learned to expect this. I would look at your medical notes if you havn't got a copy yet, highlight the symptoms and send them in. Make sure you make a copy for yourself. This lets the VA know you know what's in your record so they would be more like to rate you according to the schedule. Jay

I would just drop the whole thing now and save yourself some misery. You have beat this thing to death. What they did was wrong but everytime you communicate with them it just gets you pissed and angry and you're just aggravating your mental illness. Jay