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sbrewer

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sbrewer Rising Star

sbrewer

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Finally got a knew computer so everything is not going black at the bottom. I wrote in last week about my husband getting 100% and what was needed for the ID cards and so forth. We have now got all that taken care of, waiting on forms for me to apply for CHAMPVA, but I think we have everything else. Now, here's my question....

He recieved 70% but paid at the 100%PTIU for mental, however he was denied for his heart. Should he appeal that decision and if so what will happen. Can they take back the 100%PTIU or is it safe?

Thanks,

sbrewer

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Vike17 Experienced

Vike17

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What I meant by my first post was if the veteran is apealing a decision and the DRO is reviewing the case simply with the evidence in front of him/her that was used to reach the prior decision, then he/she cannot reduce a rating that is less advantageous to the veteran.

See M21-1MR, Part 1, Chapter 5, Section C, §12(e).

If a veteran is appealing a decision and has a another C&P exam which shows improvment in their service-connected condition, then the VA has the right to reduce the previuos award due to the new medical evidence showing improvment.

Vike 17

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sbrewer Rising Star

sbrewer

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Thanks everyone,

I was looking at this from a DIC standpoint as well. He actualy worked at the VA hospital, and a shrink there said, during the "fitness for duty exam", that he was not able to work at all from his mental condition, which at the time was sc'ed 50%. So, hopefully that's locked in. We did however, at the same time that he put in for an increase for the mental, he put in for heart condition. The heart condition was denied and the mental increase from 50 to 70 but got 100 PTIU.

Hope this clarifies what I was trying to say.

Thanks,

sbrewer

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Jay Johnson Experienced

Jay Johnson

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Well, gather all the information you can (on the heart condition) and file an appeal for it. As vike said, it's even harder for them to mess with the PTSD rating if it's attached to the current denial for the heart condition because the DRO is only supposed to consider the issue being appealed.

At least you're in a position to weather a long appeals process being that your spouse is already 100%.

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