Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
ptsd Received Rating Decision
Rate this question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Rate this question
Question
Spanky
My husband is a Vietnam Vet with 3 purple hearts & 2 bronze stars, 1 with valor. I haven't posted very much, but I have been reading here for 2 1/2 years. I have learned so much from all of you to help my husband put together the paperwork for his claim. He also has help from a veteran's advocate who is working through a service representative for the VVA. First for the good news, he just received his rating decision and has been increased to 70% for PTSD and received 10% for tinnitus which adds up to 70% according to VA Math.
I have questions on the effective date the VA has used for the PTSD increase and for the denial of service connection for wounds he received purple hearts. First a little background of his claims.
He originally filed a claim in 1978 for his wounds and jungle rot of his feet through the mobile unit of the DAV. The VA service connected at 0% the wound in his right flank from RPG for which he received his 1st purple heart and the abdominal laparotomy with suture scars resulting from his surgery for this wound. They denied service connection for shrapnel wounds to the head which occurred at this time too. They denied service connection for the gunshot wound to his right arm and the burns on his hand/arms for which he received his 2 other purple hearts. This has always been a sore point for him that the VA couldn't recognize his wounds. He was also denied service connection for the jungle rot and for a wound to the right thigh where he fell in a pit and was impaled on a stake in Vietnam. The DAV was of no help - he had no idea what to do so wrote the VA that they were mistaken and if they would check his military records he had received purple hearts for the head wound, burns & gunshot. He also wrote that they could order his dr records for the dermatitis he had in the areas he was burned. Then in 1997-1998 he had help from the local Vet Center in obtaining his military personnel & medical records and was told all he needed to do to reopen the claim was send the personnel & medical records in to the VA with items pertaining to his wounds highlighted. They still denied service connection because this wasn't new & material evidence. He wrote the DAV what his next course of action should be and received no response, so he did not pursue the claim.
After hearing in the news about the VA denying Illinois Vets claims and lowballing them, in March 2005 we talked to a veteran's advocate who helped my husband file a claim in Sept 2005 for his wounds and PTSD. He received a 30% rating in May 2006 for PTSD. My husband's original PTSD claim included an evaluation from his counselor at the local Vet Center and an evaluation from a private psychiatrist. His counselor at the local Vet Center thought he should be at 50% to 70%.
After receiving the 30% PTSD decision in May 2006, the veteran's advocate sent my husband to get a 2nd evaluation from a different private psychiatrist on June 22, 2006. So when the VA increased him to 70% in this decision they only went back to June 22, 2006 -- quoting the VA, "the date of private treatment, because it shows an increase on this date and the treatment occurred and was received within one year of this date." All of our additional evidence for his wounds and PTSD was submitted in November 2006 within the year's time period we had to submit additional evidence. Should the VA have gone back to the original claim date of Sept 2005?
In the May 2006 decision and this latest decision, my husband also was still denied service connection for the gunshot wound & burns for which he received purple hearts. The VA did service connect the shrapnel wound to his head and the wound on his right thigh at 0%. The counselor at the Vet Center and the vet advocate say that the VA should recognize the purple hearts as proof of the wounds and they are also indicated on his personnel record which we submitted. The VA decision says, "You were previously denied service-connection for residuals of burn to right hand, internal fixation, right acromioclavicular joint, burns of both arms and were notified of the decision on May 17, 1978. The appeal period for this decision has expired and the decision is final. Your claim remains denied because you failed to furnish requested information. In order for us to reconsider this issue, we need "new and material evidence." Any ideas on how to get his wounds service-connected? Does he start the appeal process or is this a CUE? Does he go to our congressman, Senator Durbin? I guess if they service connect at 0% it really doesn't matter now - but it's the whole point the VA doesn't recognize the wounds. It seems to all go back to the 1978 claim where my husband was young and had no help.
We are meeting with the vet advocate to see where we go from here, but was hoping to get your point of views. Thanks.
Link to comment
Share on other sites
Top Posters For This Question
3
3
2
1
Popular Days
Oct 14
6
Oct 15
5
Oct 16
1
Top Posters For This Question
cowgirl 3 posts
Spanky 3 posts
Berta 2 posts
vaf 1 post
Popular Days
Oct 14 2007
6 posts
Oct 15 2007
5 posts
Oct 16 2007
1 post
11 answers to this question
Recommended Posts