WHOLESALE

yep yep, Petes correct. You will probably get one of those "infamous" letters letting you know they are working as fast as they can on your claims and that your claims might be delayed due to the backload of claims." This is what I got when I sent them a letter asking the status. I sometimes think it's best just to "FORGET" you even have claims with the VA. Makes for more pleasant fishing when the fish aren't biting. frank

Wow Shark, nice to know there are VA docs out there willing to go the extra mile for vets. That's a great letter that gets right to the point. Kudos to your doc, frank

Oh, and a great IMO definetely helps. Some doctors do not know how the VA works and it is up to the Vet to make sure includes the right verbage.. Some examples would be: "I have reviewed the veterans full claims file and medical records." "In my professional opinion the "event" that is documented and occured during active duty is more likely than not related to the veterans current disability." There are others, frank

Submitting it in person is BEST way since you get it date stamped. Sending it certified mail only means they recieved the envelope, not the contents within. In other words, it they lose it you still have no proof they received the contents...no date stamp, nothing frank

Pete, I thought about this question and I don't think there is a BEST way per se for service connection. Since every VARO can differentiate within the vague regs a best way at one VARO may be different at another. The only advice I would give is follow the standard rules of VA protocol. Here are the three elements according to Hickson case. (1) a current disability; (2) in-service incurrence of disease or injury; and (3) medical nexus. You get all these you have a strong case and likely will be granted in the end even if you have to appeal. frank

yep yep, the VA has regulations they are supposed to follow but they interpret these regulations to their best interest, not the best interest of the Veteran. This mindset has been set in stone and will require change from the TOP before we see a different way of interpretation of the regs. I can just see a rater going to the boss and saying "hey boss, I just found another way to get this claim denied." Boss then says, "Great job! Keep up the good work." frank

B) ...had my mouth open but couldn't get the words out......

B)

I AGREE WITH PETE..... B)

BR, here are a few court cites.... The list of symptoms under the rating criteria are meant to be examples of symptoms that would warrant the evaluation, but are not meant to be EXHAUSTIVE, and the rating board need not find all or even some of the symptoms to award a specific evaluation. Mauerhan v. Principi, 16 vet app 436, 442-3 Ultimately, in this case the Courts upheld the Board's decision noting that the Board had considered all the Veteran's psychiatric symptoms, whether listed in the rating criteria or not, and had assigned a rating based on the level of occupational and social impairment. Mauerhan v. Principi, at 444. Applying this analysis to your psych exam rating, it follows that you should be entitled to a higher rating if your condition causes a certain degree of occupational and social impairment, regardless of whether you had some, all, or none of the symptoms listed in the rating formula. In your case the examiner indicated you are deficient in most areas which is indicative of a much higher rating, 70% to be exact. frank

also, NO co-pays for any medications 50% and above and automatic Priority 1 for medical care. frank

BR, I would immediately file an appeal tomorrow. Let them know you dissagree with the rating assigned and that you request a higher rating. According to the regs you were LOWBALLED bigtime. Just a fraction of what's in your SOC should at least qualify you for a higher rating than 10%. Many vets don't appeal and the VA knows this so they just flat out LOWBALL. They know it's a 50/50 chance the Vet won't appeal. frank

yep, very possible...Should apply now since you meet the percentages. Should have gotten an inferred claim for IU. frank

babyray, an IMO takes time. I just hope you know that since it seems like your in a big rush for this. They will need to review your medical records in order to do this. frank

BR, I found a source in your area that might do an IMO or IME. If he can't he possibly can refer you to someone that does. Here is his info: General & Forensic Psychiatry POGOS H. VOSKANIAN, M.D. tel. 215 938 7227; fax. 215 938 7474; e-mail: forensics@pol.net www.forensic-psychiatrist.com frank

I guess it make a little difference to me since I asked the question. VA seems to want to go by objective instead of subjective evidence so I guess that's why I asked. thanks for your input, frank

Yes, this would definetely be poisen to a "temporary" 100% rating I would think. Hence, temporary for the VA to take away at earliest convienence. frank

Is diagnosis part of exam subjective or objective? I think it would be objective but just want to make sure. thanks, Frank

What is the reason you want him right there in same room with you for the exam? frank

have any of your doctors connected these in-service stressors to your current PTSD? Even when it's obvious, you can't expect the VA to assume this. On your SOC what was the full reason the VA denied your claim? I know you said they couldn't verify but were there other reasons? I'm surprised the VA hasn't ordered you a Comp&Pen exam for "other opinion" for a nexus to your in-service events. You can always request a comp&pen exam through your VSO. Surprised your VSO hasn't requested this too. frank

Babyray, below I posted the rating criteria for mental disorders (30-70%). Reason I say they didn't follow their own regulations is if you look at the rating criteria for 70% is clearly states, "Deficiencies in most areas." From looking at this part of your exam it is clear you're deficient in most areas such as work, etc. I'm not sure what exactly I would do but I think I would start by sending the VA an informal letter indicating you disagree with your 10% rating. And state in the letter that according to VA Schedular you feel you meet the criteria for a 70% rating since your exam is clear that you are deficient in most areas. Take a look at the information below and compare it with your medical records and exam. frank Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships 70 Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships 50 Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) 30

babyray, didn't mean to upset you in any way on my question. I was just trying to understand your situation better. thank you for posting your section G to give us more light on your situation. That definetely looks like a 70% rating exam to me but lets see what others say. Deficiencies in most areas = 70% and your report is clear on this. Looks like a CUE to me since they didn't follow the regulations on their own rating criteria. frank

WHAT IS YOUR OTHER CHRONIC HEALTH STRESSOR? This is probably why the va didn't increase your rating. If you have an issue that is not service connected the VA can use this against your claim, especially if their own psych opines this way. This is the way it looks to me from what you presented. frank

ME TOO....usually respond very next business day. frnak

You can file ONLIDE at SSA.GOV You will also want to get your VA records to them and also your award letter for 100% VA. SSD doesn't have the same criteria as VA but 100% gives weight. frank