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Rated 0% Ptsd

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Doc John

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Hey y'all,

I am on my second VA decision for PTSD and MDD since April. The C&P in March said I have major depression " which more likely than not began during my service" as an EMT and Navy 8404 Field Medical Tech at Okinawa and Camp Pendleton in the early 1970's.

Right after my DRO hearing (where I got the 0%) my VSR filed a new claim (VAFORM 21-4138) for

Panic Aattacks ,Anxiety, MDD, and Depression. I wonder if I get a new claim iniation date that will start the clock again?

Will I still have my SC for the PTSD dated April 2005 if it is not on the new appeal form?

At this point I have made an appointment for an IMO with an ex-VA psychiatrist to get a letter to rebutt the 0% SC rating the DRO gave me. (Thanks to john999)

I am considering an attorney and thought one of the other hadit members might know a pro bono or dirt cheap lawyer who is familiar with VA comp appeals in the St.Petersburg/Tampa, Florida area.

I have spoken to one Atty who wants 20% of any settlement. Is that reasonable?

How would he get paid, by me or VA?

I feel like Josephine- like "I just want to go for it".

Thanks, Doc John

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  • HadIt.com Elder

I have never heard of anyone rated at 0% for PTSD, if the VSO files for new conditions they will not use your original filing date for PTSD they will more than likely use whatever date the new paperwork is turned in, if you fall under the guidelines for using an attorney the 20% is normal and customary and if the VA approves the use of your attorney they will pay him out of your backpay and send you the difference like with SSD paying a lwayer a percentage of something is better than keeping 100% of nothing

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Would like to help but without knowing what the decsion says as to why??? Your stressors maybe? Do you have the diagnosis? If so what is the problem you know what I mean, VA is the problem obvious. I would like to see the decision on the PTSD denial. If you wish.....Q

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  • HadIt.com Elder

I think I might get the 20% lawyer. I don't like the fact that your VSO filed a new claim when you got granted a 0% from the DRO. New claim means a new effective date. It seems to me you could have filed an NOD on the DRO's decision and kept your old effective date. I agree with TestVet about 0% for PTSD being absurd. That just does not make any sense. The VA will lump all the mental conditions together and give you a rating for just one of them. The VA service connected me for a host of emotional disorders from bipolar disorder to PTSD but I was rated 70% for just one mental condition. Why did the VSO file a new claim? He should have asked for a reconsideration with new evidence. If you get a really good IMO you may not need a lawyer. That is my opinion.

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I have never heard of anyone rated at 0% for PTSD, if the VSO files for new conditions they will not use your original filing date for PTSD they will more than likely use whatever date the new paperwork is turned in, if you fall under the guidelines for using an attorney the 20% is normal and customary and if the VA approves the use of your attorney they will pay him out of your backpay and send you the difference like with SSD paying a lwayer a percentage of something is better than keeping 100% of nothing

Hey TestVet,

My wife and I were just laughing at that "100% of nothing".

That makes a lot of sense. I think i'll go with the IMO AND the Lawyer. I really don't have anything to lose, do I????

Thanks Brother,

Doc John

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I think I might get the 20% lawyer. I don't like the fact that your VSO filed a new claim when you got granted a 0% from the DRO. New claim means a new effective date. It seems to me you could have filed an NOD on the DRO's decision and kept your old effective date. I agree with TestVet about 0% for PTSD being absurd. That just does not make any sense. The VA will lump all the mental conditions together and give you a rating for just one of them. The VA service connected me for a host of emotional disorders from bipolar disorder to PTSD but I was rated 70% for just one mental condition. Why did the VSO file a new claim? He should have asked for a reconsideration with new evidence. If you get a really good IMO you may not need a lawyer. That is my opinion.

Big John,

I think the VSO screwed up on this one, too.

I didn't realize it until I noticed that the appeal had no "PTSD" on it.

Do ya think VSO's ever make "under the table" deals with the DRO's? I wonder.

Know any good lawyers in our TampaBay area?

I got an appointment with Dr. Karatinos for the IMO.

Thanks,

Doc John

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Would like to help but without knowing what the decsion says as to why??? Your stressors maybe? Do you have the diagnosis? If so what is the problem you know what I mean, VA is the problem obvious. I would like to see the decision on the PTSD denial. If you wish.....Q

BQ,

My stressors were non-combat - As a ward Corpsman on surgical ICU at Long Beach Naval Hospital in 1972, as an Emergency Medical Tech on an ambulance crew at Camp Pendleton, Ca. and as a FMF grunt platoon corpsman with the USMC 3RDMARDIV and 1STMARDIV 1973-1976.

Thanks,

Doc John

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