westcoastlv

Now I'm really looking for some help here. In past posts, I mentioned that my husband just received his rating decision. We disagree witht he 50% for PTSD. He has since seen a VA Psychologist, rating decision in hand, and has now received a 'rebuttal' to the decision whereas the VA Doc states his opinion my husband should be 100% P&T. In the letter, the doctor states that the VA has made some CUES, lists what they are and the reasoning. My question is: Should we file a NOD, or a CUE. This is the first decision ever, there have been no appeals, we just got the rating and we disagree with it. I was reading up on CUE and it seems very daunting, and has to be worded just right. Even though the rebuttal letter lists the CUES, I am concerned about this process. We do have a VSO, but he is extremely busy. So, any advice would help in the decision to CUE or NOD.

We've already spoken to a VA Mental Health Doctor, explaining the history and GAF. We will be seeing him soon, and if he agrees, he will write a letter of disagreement. I will then submit that to the VA. We are hoping they will acquiesce to their low-ball rating, and grant the 70% and TDIU P&T or, prayerfully 100% P&T.

At the finish line: My husband has finally received his decision letter, after more than 1 year. He was granted 50% PTSD, 10% Tinnitus and 10% Left Elbow. According to E-benefits, the Retro check has already been mailed. Yippee. The race begins again: TDIU denied. Hearing loss denied. We will be filing at NOD for the TDIU. After reading the decision letter, the VA gave more credit to the C&P's examiner's statement of 'reduced reliability' which would warrant 50%, over the 45 GAF score which would warrant 70%, and over the NP's statement (who meets with him regularly) that my husband is 'unemployable'. So the new race begins. We are, however, extremely grateful for what has been decided to date. It certainly is a step in the right direction. @Cooter, you were right. The retro check was mailed with Veteran Only pay. The letter states the retro for dependents will be sent separately once we resubmit the documents. We're ok with that, at least we know it will get here eventually. We've had a DAV rep from the very beginning, but I can honestly say that the majority of help and useful information has come from all of you on HadIt. The retro will be spent wisely, as we have a daughter starting college and a beautiful grandson who deserves to be spoiled by gramma and grandpa. My husband can breath a little easier now, and I get to stay busy working on the NOD. I've taken this advice, now I will give it: NEVER give up. Be patient and try to keep busy during the claim process. Regardless of who is helping you with your claim, you work for yourself (or your veteran) so stay diligent. This claim has become my full time job - becoming educated about the VA and chasing down all needed information. My veteran will eventually get all that he deserves, as I hope every veteran does. Thanks HadIt.

@ Cooter. Thanks for the info. As the claim was just decided, my husband was 0% up until now, which is why we haven't changed the profile. Also, we haven't received the 'official' letter yet. I don't mind filling out the paperwork again, at this point its just a formality. I did ask the 800# how long it takes for the retro check and they told me about 15 days after the letter. I just wonder will they pay the retro to include dependents (assuming I send in the 21-686c in a timey fashion). Will they send a retro check for veteran only, and later send for dependents? Or will they hold the check until the dependents info is complete?

@ Cooter, the document submitted was the 21-686c Declaration of Status of Dependents. Doesn't matter, we will just submit it again. Question: will they add the dependents extra onto the retro pay? Or is that separate?

Well, went on EBenefits today to find that the claim has been closed. So, in taking the advice of what I've read on HadIt, I looked at the available letters and found the Benefit Verification Letter. My husband has been rated at 60% (which we feel is entirely too LOW). Also, the gross benefit amount reflects Veteran Only, although the VA has had the dependent information since day one. I called the 800# to get clarification and they told me that the letter was mailed out today, and it would contain all explanations and would tell me no more. Let me say that we are grateful for a rating, they could have just as easily said 10%. However, 60% is way too low given all of the supporting documentation, and dependents weren't included. Apparently the TDIU was denied. We have a letter from his NP that states he is unable to work, or even function around other people. The question I have is what's the next step? Do we file a NOD, or a Request for Reconsideration, or an appeal? BTW, there are other health issues that we haven't filed a claim for yet, but plan to do so in the very near future. The difference this time around is that we already have all the documentation. Any advice would be appreciated!

Hello All, just wanted to add a quick update. I have just been informed that a decision was made on July 7th, and that the claim has been moved to the Notification Phase (although e-benefits does not reflect that). We are currently 3 days past the 1-year mark, so it looks like we will hear something soon. I have been told that the Notification phase takes anywhere between 10-40 days, but who knows how long that will be in VA time (kinda like dog years). My husband is excited, but very nervous about what the determination will be. I guess we will just have to wait for the envelope in the mail. It's been almost 2 weeks, so any day now (I hope).

My husband's claim is on day 336. E-benefits still shows in Development, however the 800# finally recognizes it with Decision (where its been for 42 days). The bright side is that it's closer to the end that it is to the beginning, but that's just my logical thinking. May not hold true with the VA.

Hello to All my Hadit Friends, I just wanted to give a quick update on how things are going with my husband's claim for PTSD. I gotta call for the RO today, the claim is finally with the Rating Board. Yippee!!. I know that as of today, this is not considered a win, but it is worth being happy about. We are on day 293 since the claim was submitted, almost 10-months. The C&P exam was favorable, applied for TDIU, got letter from boss, etc. I am happy that we have finally reached this stage. I feel like we are a lot closer to the finish line than the starting line. I enjoy this site, read it everyday and now I feel very knowledgable. Hopefully, on day I can help a vet.

Ok, the status of the claim remains the same: 'everything requested has been received' and next the claim 'will be checked for completeness''. As we're waiting, I did an IRIS inquiry and mentioned in the back and forth that there were some financial difficulties. The IRIS responder stated in an email that they had forwarded the info to the RO, and that I should follow up with the documentation. I faxed the info in the same day. That fax has not shown on ebenefits (but everything else has) and I just don't know what's going on. This feeling of suspended animation is frustrating. Of course the 800# clearly reads directly from ebenefits because they never have more info than me. My rhetorical question is: HOW FRIGGIN LONG WILL THIS TAKE. This claim is on day #285 and still in development, although they have EVERYTHING!!!!!

NSA, they person you want to deal with in Las Vegas is Jose Burrola. He is a great guy, and a disabled vet. We work with him, and everyone that we've talked to loves him. He is very busy, as you can imagine because everyone requests him. His office is a seedy part of town, just down the strip mall from the North Clinic. I suggest you get there early because he sees people off of a list, that you must sign up on when you get there. I think the doors open at either 6 or 6:30am, and Jose gets in around 7:30am, however, you must get there early enough to get on the list because once it fills up, he doesn't see anymore people. Here is the number for the office, you should call because it tells you what days they see vets. 702-636-3000 ext. 4154 This is the website for the Vegas DAV - http://www.davnevada.org/serviceofficers.html

Hi All, We have been told for 1-month now that 'everything requested has been received' and next the claim 'will be checked for completeness' then it will go to Rating. This is a unique position, it seems as if they are telling me that they have everything that they've asked for, but they need to have someone check to see if they have everything they've asked for, then they will send it to the Rater. I asked: how long does this period of nothingness take, and the answer was unknown, both on the phone as through IRIS. The claim seems trapped between two worlds. Has this happened to anyone else, how long did the claim stay in limbo??

Question: Original claim dated 7-16-10. During development phase, TDIU submitted (VARO received 1-13-11). If approved, will the TDIU date back to the original claim date of 7-16-10, seeing it was part of the original development, or the date when they received it 1-13-11?

I would appreciate if anyone would give me some feedback on the C&P results.

I just saw this information posted on ebenefits. Has anyone else see this or gotten this message? It says that we need to submit a 21-8940, but it was submitted already on 1-13-11, and also shows on the same ebenefits page. Also, I am not sure what other information would be more relevant or recent than the C&P results (12/31/10, 1/12/11 and 1/28/11). You may be entitled to compensation at the 100 percent rate if you are unable to secure and follow a... substantially gainful occupation because of your service-connected disabilities. If you believe you qualify, complete, sign, and return the enclosed VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability. Send any treatment records pertinent to your claimed condition(s), especially those which are recent... (within the last 12 months). This includes reports or statements from doctors, hospitals, laboratories, medical facilities, mental health clinics, x-rays, physical therapy records, surgical reports, etc. These should include the dates of treatment, findings, and diagnoses

I think a service dog would be a wonderful addition to your life. We have a dog, or shall I say my husband has a dog. Although he's not a service dog, he enriches my husbands life dramatically. I wonder if the VA would pay to train our dog as a service dog? That would be great for veterans that already have dogs, but the dogs are not disciplined enough to be considered 'in service'.

I originally posted this in the PTSD forum, but then realized that it should be here. I would appreciate any input. I have already looked to compare at the schedule of ratings, but would still like your thoughts. Also in another post I read someone commented on the efficiency of a particular RO. If anyone has any opinion on the Reno RO, I would appreciate that as well. The results are finally in for my husbands PTSD exam, as well as tinnitus. Tinnitus' opinion was 50/50. I couldn't post the results without it being an attachment, so I've just included the medical opinion and diagnosis. I would really like to get an opinion of what the C&P exam results are all about. State if the veteran meets the DSM-IV stressor criterion: YES Identify behavioral, cognitive, social, affective, or somatic changes the veteran attributes to stress exposure: Depression, anxiety, and social isolation. Describe specific PTSD symptoms present: Depression, anxiety, and social isolation. Specify onset, duration and typical frequency and severity of symptoms: Onset: Since military service Frequency/Duration: Daily Severity: Moderate State if current symptoms are linked to the identified stressor or stressors: YES Diagnosis: The veteran meets DSM-IV criteria for PTSD Diagnostic Status: Axis I: Post Traumatic Stress Disorder 309.81 Axis II: None Axis III: Elbow injury, deferred Axis IV: Moderate depression, social isolation and lack of employment Axis V: GAF 45 Stressor statement in relation to veteran's fear to hostile miliary threat or terrorist activity: Is the claimed stressor related to the veteran's fear of hostile military or terrorist activity? YES Statement of opinion: The veteran has a current disability, PTSD. It is related to an in-service event. PTSD is related to the specific stressor identified above. PTSD symptoms are depression, anxiety and social isolation. Legally recognized statement: PTSD is caused by or a result of an in-service event. Changes in psychosocial functional status and quality of life since the last exam: Increased social isolation and unemployment. Describe linkage between PTSD symptoms and aforementioned changes in impairment in functional status and quality of life: Direct Link Extent to which discorders other than PTSD are independenty responsible for impairment in psychosocial adjustment to quality of life: The veterans depression has continuted to be considerable, with substance dependence and multiple psychiatric hospitalizations. Although the depression is not severe enough for a clinical diagnosis. Prognosis for improvement for psychiatric condition and impairments in fucntional status: Guarded Effects of PTSD on occupational and social functioning: Statement: There is reduced reliability and productivity due to PTSD signs and symptoms. Examples/symptoms: Depressed mood, anxiety and social isolation

The results are finally in for my husbands PTSD exam, as well as tinnitus. Tinnitus' opinion was 50/50. I couldn't post the results without it being an attachment, so I've just included the medical opinion and diagnosis. I would really like to get an opinion of what the C&P exam results are all about. State if the veteran meets the DSM-IV stressor criterion: YES Identify behavioral, cognitive, social, affective, or somatic changes the veteran attributes to stress exposure: Depression, anxiety, and social isolation. Describe specific PTSD symptoms present: Depression, anxiety, and social isolation. Specify onset, duration and typical frequency and severity of symptoms: Onset: Since military service Frequency/Duration: Daily Severity: Moderate State if current symptoms are linked to the identified stressor or stressors: YES Diagnosis: The veteran meets DSM-IV criteria for PTSD Diagnostic Status: Axis I: Post Traumatic Stress Disorder 309.81 Axis II: None Axis III: Elbow injury, deferred Axis IV: Moderate depression, social isolation and lack of employment Axis V: GAF 45 Stressor statement in relation to veteran's fear to hostile miliary threat or terrorist activity: Is the claimed stressor related to the veteran's fear of hostile military or terroist activity? YES Statement of opinion: The veteran has a current disability, PTSD. It is related to an in-service event. PTSD is related to the specific stressor identified above. PTSD symptoms are depression, anxiety and social isolation. Legally recognized statement: PTSD is caused by or a result of an in-service event. Changes in psychosocial functional status and quality of life since the last exam: Increased social isolation and unemployment. Describe linkage between PTSD symptoms and aforementioned changes in impairment in functional status and quality of life: Direct Link Extent to which discorders other than PTSD are independenty responsible for impairment in psychosocial adjustment to quality of life: The veterans depression has continuted to be considerable, with substance dependence and multiple psychiatric hospitalizations. Although the depression is not severe enough for a clinical diagnosis. Prognosis for improvement for psychiatric condition and impairments in fucntional status: Guarded Effects of PTSD on occupational and social functioning: Statement: There is reduced reliability and productivity due to PTSD signs and symptoms. Examples/symptoms: Depressed mood, anxiety and social isolation Any and all thoughts would be appreciated.

The National Archives is a waste of time. I only found this out when I called the National Archives (after months of waiting for the VARO to get my husbands records) to request his records myself, and just happened to get someone on the phone that was helpful and knowledgable. She told me that they didn't have his records because he was discharged after 1995. She said that they would be with the Department of XXX (his branch of service). I then called the Department of the Navy. They instructed me to fax a request for his C-File (they worded it for me as well - something to the effect that I was requesting his Military Service Records to be sent to me on a CD). Lo and behold, I received the CD within 10-days. I then printed it all out and faxed it to the VARO. If you wait for the VARO to get your records, it will never happen. The Department of the Navy was on point and sent me everything I needed in less that 2-days. I hope the Department of the Marines (or whoever they are) is just a quick. You really have to take matters into your own hands because as far as I know, the VARO still hasn't received anything from Archives, and it's been 7-months. Luckily, I did it myself.

Hi, Just wanted to see if anyone has an answer to this question. If a vet is SC'd at say 60% or above, (not 100%) at get's TDIU, they get paid 100% dollars, right? But does that also mean that they can take advantage of the other benefits that only come along with 100% such as the Champva for family, dental, home mortgage insurance, etc? And, can anyone explain how you can be SC'd lower than 100% and have TDIU granted? More specifically of a mental nature. If you have PTSD rated at only 70%, but that 70% is so bad that you can't work, why would you be 100%? Thanks anyone for input.

Bigoc, You did mention that you are getting counseling. I think that will be a point in your favor with the rating. My husband has PTSD and definitely needs to take meds just to cope with daily life. As we look back, we see that he has had PTSD for a very, very long time. A long time even before we could put our finger on what was going on with him (and at the time he was working). PTSD is PTSD, the question is your ability to cope with your symptoms (with our without medication). If you feel as if you are in the 30% rating, then that's most likely what you will get. I don't think that a medication history (or lack thereof) will keep you for proving that you have issues in your daily life. I think everyone has focused on you being a firefighter because that is very stressful in itself. When you get to your C&P exam, they are going to ask you if you're working, and as what. If you tell them you are a firefighter, the examiner or the VARO can construe that as the reason you have your sypmtoms, maybe more that the stressor from service. Are you having nightmares, flashbacks, daydreams of your stressor? Are you avoiding different people and places because of your stressor? Are you unable to concentrate or are hypervigilant? In consideration of your job, the VARO may say NO. Why - you mentioned your stressor was a truck bomb (obviously a fire) and that you spent days collecting the remains of a fellow soldier (assumed that a firefighter often encounters dead and injured people, some in really bad shape). So it wouldn't be too far off the grid for the examiner to say that you are in some way dealing with incidents similar to your stressor (fire and injury/death). The question they would need answering is if in fact your PTSD has any affect on your ability to work productively. As a layman, only having studied PTSD in relation to how it affects my own husband, my opinion is that you may face some strong resistance from the VA because on a surface level, you are reliving your stressor daily (fire and injury/death) through your job. I think most people here are more concerned about your well-being (PTSD treatment) not your job. When you say you are not on meds, its hard to imagine because most PTSD sufferers are and know how difficult, if not impossible, their lives would be without the medication. Good Luck to you.

Good Morning Everyone, I just wanted to update you all on the progress (or lack thereof) on my husbands claim. Here we are, almost March (claimed filed in July 2010) and the local C&P office has yet to send all of the exam results to the RO. And, the RO called me the other day to let me know that once they received everything, it will go to the rater, whose current turnaround timeframe is 5-6 months. I was once told that the rater's decision only took 10-40 days, but now is 5-6 months. I only felt compelled to comment today because I heard the President talking about how all the new 'VA changes' are making things easier for our Vets. I'm not sure which Vets he's talking about, but it doesn't seem to be the case with my Vet. In fact, before the 'relaxed' standards came about for PTSD the average claim time was 6 mos. We have been in development for 7 months!! I feel rather deflated because I feel as if I've worked very hard on this claim, locating documents, sending information, making several inquiries, basically being the sqeaky wheel. Now, once it's to the rater, there is nothing to be done but wait, wait, wait. Thanks everyone, I will keep you posted.

I called the 800# yesterday to see if the RO had received the C&P results yet. No, and I was told that the PTSD C&P was sent for a 2nd opinion. This exam was done by an outside provider. I have no idea the reason, if this is good or bad, or anything. We've already filed the TDIU paperwork, so I wonder if that has anything to do with it. Any opinions of why this PTSD C&P would have been sent for a 2nd opinion would be greatly appreciated. (I can't imagine that the RO would be looking to better the claim)

By the way, does anyone know that the 'Suspense Date' on e-benefits means??

To PKelly, If you husband has already registered with MyHealthyVet, and has done an in-person authentification, you can register through ebenefits that way. Call the number listed for ebenefits, and they will walk you through the process. If you husband has already tried to sign up, they will delete the existing account and give him a new one. I was on the phone about 10 minutes and was all set.