HadIt.com Elder Philip Rogers Posted September 29, 2007 HadIt.com Elder Share Posted September 29, 2007 My personal thoughts are that you should appeal the 30%, if you can't work due to your PTSD. Take part of your retro money and pay for a C&P exam by an independent MD to Rebutt their exam. I started w/a 30% award and appealed, appealed and appealed and won 100% retro to my original claim date. I believe 38 CFR 4.16(a&B) explain requirements for TDIU. jmo pr Link to comment Share on other sites More sharing options...
danang_1969 Posted September 30, 2007 Author Share Posted September 30, 2007 I just received an iris from the VA stating PTSD granted. I made a phone call to the VA as wings advised and this is what I found out, after 10 years ,they only went back to 08/06 and only 30% for moderate to severe PTSD and did not grant TDUI even though I have not worked in 4 years. In view of all that, I am still thankful for what I have been granted thus far. At least it is a start. More than I have gotten since I filed in 1997. I will attempt to stay postitive and as chilled as possible on everything and thankful to God and ask HIS direction for the future and I also ask for your advice on the future action. Fellow Vets, if we let what we think is wrong decision by the VA get us down and affect our health and our well being then we are the losers. Thanks hadit.com for all your great info you have on the site and all who posted it. The site is a God sent. I could not have gotten this far without it. I will be forever grateful to all who helped. I will be on here often trying to help and encourage others on their claims with that which I have learned this far, on filing claims with the VA. God Bless all Danang_1969 added info: I did some research on GAF ratings. The C&P doctor gave me a mild to moderate rating on the GAF but Treating doctor moderate to severe. There is a rule I found on va.gov that when that incident occurs, if the two GAFS are close together, the VA takes the larger. If there is a large spread between the two then they take the lower. It sounds that either happened or either the treating doctors report was not used at all in the decision. It was not listed on the evidence list from the VA response when they stated the PTSD would be considered as a separte issue. I had requested all documents from the treating doctor to submit to the review board as additional evidence on the NOD, but received the rating before I could received them. As a matter of fact I have not received them as of yet. I drove a 100 miles about a year ago to the VA canter and submitted the in-person authenication to be able to print any personal medical records needed from the VA website for submitting evidence, but the VA dropped the ball and I can't access the records yet. I have resubmitted for that previledge again and stated I had already watched the movie and signed the form. I hope they have that record or I will have to make another 100 trip to sign again. Danang_rvn Link to comment Share on other sites More sharing options...
danang_1969 Posted September 30, 2007 Author Share Posted September 30, 2007 DaNang Good job on getting the 30% rating. I assume you work with the NLR Regional Office. I have worked with them since 1992 and have always had a pleasant experience. Just keep fighting bro and it will work out. I started out at 30% in 1992, got increased to 50% in 2000 and earlier this month I was increased to 80% combined for depression, back, and knee problems and granted TDIU P&T. Don't give up and if the evidence is there the NLR ofice will take care of it. I have only had to appeal one decesion from them since 1992 and after reading some of the horror stories here I feel very lucky. Good luck in the future and if I can help in anyway let me know. Bill Thanks Bill The way I understand it this must be the normal drill. Thanks for the encouragement. Link to comment Share on other sites More sharing options...
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