What's The Rush?

[Donio]

I have had a claim in since 2001. I recieved an increase of 20% in 2003. My appeal was remanded to the regonial office then taken over by AMC. I recieved a letter from the Regonial office last month to go to a C&P and it also stated that it would have to be a family emergency to reschedual because there was very limited time to complete the C&P and finish my claim. WTH is this all about? I have had my paper work in for 6 years and now they want me to rush around for them? Does this mean they will hurry up and finish my claim? I went to the C&P July 3rd. and haven't heard anything yet. ;)

[Pete53]

A lot of Vets with a claim that old give up. They are pushing you to finish. Just my opinion.

[Berta]

Marine- have you requested a copy of the C & P results-? It will give you a heads up on what to expect.

I see you are at 50% ----are you unemployed ?and do your SCs prevent you from working? If so have you applied formally for TDIU?

The VA might- but I really cannot tell - up you to 70% and then consider you for TDIU-if you are not working. They will send you the form unless you sent it to them already.

TDIU form 21-8940.

Then again hard to know what they will do- and how the C & P exam results turned out.

BTW- was the remand due to a violation of the VCAA?

Semper fi and welcome aboard!

[Donio]

Berta - I was discharged from the Marines diagnosied with acute paranoria and nervous condition at 100%. I was kept at 100% for about 3 years then was lowered to 70% for about 2 years then lowered to 50% for about 2 years then lowered to 30% from 1981 until I filed for PTSD in 2001. I didn't file sooner because I didn't know what PTSD was until a coworkerand I were talking about serving in nam and after telling him about my discharge he said I should file a claim. I was raised to 50% in 2002. I appealed and went to a video conference. My claim was remanded back to Regional for more information then was taken over by AMC. AMC asked Regonial to schedual me for an examination. The exam was very short. The shrink said he would ask me some very specific questions which were mainly am I working, do I think my condition was worse and so on. There wasn't very many questions. That is where I'm at right now.

I retired July 2006, I have worked one job for about 3 months then quit. 4 ther places I had applied either turned me down or never contacted me. I prefer to workalone or with few other people and sometimes have a problem with my temper. I haven't received any form for TIUD and I'm not sure what it stands for either.

[recruiterrick]

if you were medically discharged from the USMC and received the disability rating from military, and then subsequently awarded disability from the VA, amybe they are trying to help you.

Could this be the case?

[Donio]

If that's so I wish they would have helped me a long time ago. From the time I was discharged until I filed to increase my percentage I quit my job held two other jobs went back to my first job to work in a different area, got really drunk one night and tried to shoot myself with my shot gun and wound up in a crises intervention center, and went thru a divorce. During that time I had no real idea what was wrong with me nor did they offer any treatments. I forgot to mention just before my discharge I spent 4 months on a phsyc ward which was the only treatment I recieved. Had I known what was really worng with me I would have ask for help. All they did was tell me I was getting better when I was really getting worse. I now see a VA psychiatrist on a regular bases.

[Vike17]

Donio,

If you were discharged from the service and received subsequent ratings of 100%, 70%, and 50% right from the get go, I would venture to guess, as recruiterrick pointed out, the VA was helping you!

One question I do have is, if you were already rated for a mental disorder such as "acute paranoria and nervous condition," then why would you open up a claim for PTSD? They are both rated according to the same criteria and the VA can only pay compensation for one or the other anyways, not both.

By filing a claim for PTSD, you would need to be able to prove an in-service service stressor happened, obtain a clinical diagnosis of PTSD and make the connection between the two. This is much more difficult then just showing another mental disorder manifested itself whil on active duty!

You wouldn't have needed to file for PTSD in 2001 to obtain a 'higher' rating. Just a simple note to the RO asking for an increase in evaluation of your already service-connected "acute paranoria and nervous condition" would have been enough!

It's unclear whether the VA granted your claim for PTSD (you didn't say whether they did or not), but if they did, then they will combine the two in one rating and assign the percentage from the one that results in the higher evaluation.

Furthermore, I suspect the reason why you were continully lowered in your rating percentage since your discharge (at least from 100% to 70%) was probably because you were working in some capacity. I say this because you stated "From the time I was discharged until I filed to increase my percentage I quit my job held two other jobs went back to my first job to work in a different area..." The 100% criteria is for "Total occupational and social impairment," and the 70% evaluation is for "severe occupational and social impairment."

Another thing that doesn't add up is this statement;

"Had I known what was really worng with me I would have ask for help. All they did was tell me I was getting better when I was really getting worse"

If you were discharge from the Marines due to "acute paranoria and nervous condition" and subsequently rated by the VA for this, then you obvisouly knew something was wrong!?!? Also, if "they' were telling you that you were getting better in some capacity, then you must have been undergoing some type of treatment after your discharge??

I'm not trying to put you down or anything like that, I'm just trying to explain what and why things have probably happened as they have.

Vike 17