ptsd The Board Of Appeals Has Made A Decision..

[khardbored]

I've been reading through this board for quite some time. It's given me hope in my 5 year long claims/appeals process. So let me give you a little bit of the history first.

I'm a Vietnam Veteran, '68-'70, and decided (about 5 years ago) to try and get some benefits. I never thought it would ever work, or was worth it, but my wife finally convinced my crazy ass to at least try. So, I go in and they evaluate me to all hell and back and give me an initial GAF score of 49 and 30%. I appealed this and they denied it. I appealed it again and have been waiting for about 2 years on a decision. Oh man can they shuffle you around, yikes. Anyway, I recieved the big brown envelope today and just figured it was a newsletter or something. The front page said " Dear Appellent, The board of appeals has made a decision on your case". Then for about 5 pages it talks about what my shrink said and all kinds of stuff that is beyond me. Then it comes to the "Conclusion" page and it says stuff like "In light of the foregoing, the board concludes that the criteria for entitlement to an intitial 70% evaluation for PTSD, prior to may 16 2006, and an initial 100% for PTSD from May 16 2006, have been met." Then it says a bunch of stuff I don't understand then at the end of the page it says Inasmuch as the evidence in this case supports the veterans claims, such claim must be granted...then on the second to the last page it says ""Order"": An initial 70% evaluation for PTSD prior to may 16th 2006 is granted subject to statutory and regulatory provisions goverening the payment of monetary benefits" Then it says the same thing about 100% and then a Veterans Law Judge signed it.

Does this mean I finally get my well deserved 100%? If so, how much back do I get? Do I 100% backpay from may 16th 2006 till now and 70% before that? This is all so confusing, sigh. I hate this legalize talk, can someone put it in "dumb old guy" for me? Thanks a bunch!

[Berta]

WHOOP TI DO Khardborad

Congrats!

Again this deicision is proof that a vet at any % , or even NSC can succeed in 100%.

If you do the math by month for the retro dont forget- the historic rates for Dec at the VA web site start the next month after-

Meaning the Dec payment rate comes on Jan 1, also dont forget to subtract the 30% you already got for years from the 70% they owe you to May 2006 and then 100% after that and make sure when the decision comes, that all of your dependents are listed if eligible for additional comp and also that the EED they used- the earliest effective date- usually the date of the initial claim-is correct on this decision.

I agree with Ricky to check the status of the award-

and even check your bank account and the mail box.

I always got a check many days before the award letter came.

Interesting 70% to May 2006 and then 100%- please let us know if you are P & T (Permanent and Total also) or why the VA did not extend P & T to you-

The P & T gets your wife CHAMPVA and educational benefits for her and the kids if under 26 years old or with a possible reimbursement for past tuition they paid.

[khardbored]

I got another letter today, a thick one, explaining how much I will be getting, my depenednts and all of that stuff. They said from Sep. of 2004 to may 16th 2006 I will get 70% and from may 16th to now I will get 100%. Now, do I take away the 30% they have already been giving me? So 40% and 70% is what they will give me for my retro?

Also, is my effective date the first date I got my 30? It also said it should take 15 days from my effective date to get my money, but I don't understand my effective date. Is that the date the judge signed off on the decision? I hate being old and dumb...

[cloudcroft]

I believe you will get two retro payment checks:

1. The difference between 30% and 70% (period from September 2004 to May 2006)...not a big difference $$-wise.

2. The difference between 70% and 100% (period from May 2006 to present)...a BIG difference $$-wise.

Due to COLAs each year, the compensation is different (each % rating level goes up, i.e., 30, 70, 100% for 2004, 2005, 2006 and 2007 are all different each year) so they will calculate each year's payments, add them together and give you two retro checks for those two periods...if this explanation makes any sense.

Afterwards, you'll be getting 100%/month.

For lots of us, we saw the retro $$ suddenly appear in our bank accounts (if one has Direct Deposit) pretty quickly so keep an eye on your online banking records...for a while, you'll see whatever your usual balance would be and then one day suddenly you'll see thousands of $$ in there!

-- John D.

I got another letter today, a thick one, explaining how much I will be getting, my depenednts and all of that stuff. They said from Sep. of 2004 to may 16th 2006 I will get 70% and from may 16th to now I will get 100%. Now, do I take away the 30% they have already been giving me? So 40% and 70% is what they will give me for my retro?

Also, is my effective date the first date I got my 30? It also said it should take 15 days from my effective date to get my money, but I don't understand my effective date. Is that the date the judge signed off on the decision? I hate being old and dumb...

Edited June 30, 2007 by cloudcroft

[khardbored]

I just checked my bank account and they have deposited the usual 30% amount of 300 some. It was posted today which never happens. It's -always- on the first, like clockwork. Not sure if that means anything, the fact that they did it early? Shrug. I'm too impatient I guess.

[cloudcroft]

1. No, it doesn't mean anything. Got mine today, too. Always do on a Friday if the 1st falls on a Saturday or Sunday.

2. Yes, you are too impatient. It'll appear suddenly just like I said. Just go on with your normal routine which will soon be history...along with your 30% and then you can look back on when you used to be "dirt poor" in the "old days."

Thoughts like that should keep you busy.

Just don't spend any of it yet until it DOES appear!

-- John D.

I just checked my bank account and they have deposited the usual 30% amount of 300 some. It was posted today which never happens. It's -always- on the first, like clockwork. Not sure if that means anything, the fact that they did it early? Shrug. I'm too impatient I guess.

Edited June 30, 2007 by cloudcroft

[khardbored]

Words of wisdom! Thanks a bunch for all the support and stuff everyone. I really do appreciate it. Now if I can just get my kids to stop asking me about the money.