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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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wapiti

Ptsd

Question

In 2006 I was given an initial rating of 30% for PTSD. I asked for a rate increase and had my C&P exam on 8/15/07. The doctor gave me a GAF of 35. He stated that I was totally impaired in occupational adjustment and capacity, as well as being impaired in most areas of social functioning. His current level of adjustment requires continuing psychotropic medication. The VA sent their reply on Nov. 7, 07. They denied my claim for a rate increase keeping my rate at 30%. Their reply was as if they did not read or look at my C&P exam. I talked to a VVA VSO and he told me to go to a private doctor for the PTSD exam, and then file a NOD. Does anyone have any suggestions on how to proceed next ? Thanks for any suggestions

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You might have answered my past questions but I cant find the answer-

Did you get a VCAA letter saying Impotant Reply Reqyested- and then enclosed with it did you get a VCAA election form- whereby you elect one of the 2 boxes?

This is supposed to come prior to any denial-and prior to the DRO election form-

also If you have gotten some shrink records you mentioned =as well as Voc Rebah stuff -I suggest you file for a Reconsideration-

this does not stop the year NOD clock but in certain situations a reconsideration request can get things moving faster and get a better decision.

Your vet rep would know how to prepare this (I hope)

PS -I must sound like a broken record to many here all the time-but to anyone new here-

if you receive a VCAA letter that is non complaint with the VCAA regs-(meaning it must contain a bold typed and underlined statement of what they need that is specific to your claim) and if you do not receive an election response form-

(and therefore the VA can deny your claim saying you never responded to what they never sent you)

your claim is DOOMED!!!!

I have gone over this fact with the Chairman of the House Veterans Affairs Committee

in detail and have referred him to numerous VA documents that support this fact-

as well as James Terry's annual BVA report.

He is trying to reduce the backlog-

but the RO continues the backlog everytime they violate the VCAA.

A DAV SO called Monday, after I talked to him a few minutes and told him about my last C&P exam with a GAF of 35, he said that he couldn't believe a denial of a rate increase, he sent me a form to give the DAV power of attorney to represent me. He said to send a copy of last exam and a copy of the VA's decision and he would find out why I was denied a rate increase. He sounded very positive, but said he couldn't do anything until they got power of attorney. I don't remember getting a VCAA letter, I have looked for it.

Thanks for the help

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Wapiti- this sounds encouraging from the DAV guy-

I am very concerned that you didnt get proper VCAA Notice-

my claim was in limboland for years due to this and is finally getting squared away-

Men and women- if the VA fails to send the VCAA notice and the critical VCAA election form-

nothing triggers them to stop sitting on their thumbs-

it is the returned VCAA response election form that gets them moving and reading the evidence.

PS-some of my ancestors are Wampanoags-the small Massachusetts tribe who saved the Pilgrims from starvation-

I have Squanto's picture ( a painting not ophoto of course- on my PC desk and tell everyone he is my Cousin (in a way)

I bet there is Definitely something wrong re: the way they handled your claim and there is great benefit to have a rep org with offices in or near the RO.

Hang in there on this veteran-

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Wapiti- this sounds encouraging from the DAV guy-

I am very concerned that you didnt get proper VCAA Notice-

my claim was in limboland for years due to this and is finally getting squared away-

Men and women- if the VA fails to send the VCAA notice and the critical VCAA election form-

nothing triggers them to stop sitting on their thumbs-

it is the returned VCAA response election form that gets them moving and reading the evidence.

PS-some of my ancestors are Wampanoags-the small Massachusetts tribe who saved the Pilgrims from starvation-

I have Squanto's picture ( a painting not ophoto of course- on my PC desk and tell everyone he is my Cousin (in a way)

I bet there is Definitely something wrong re: the way they handled your claim and there is great benefit to have a rep org with offices in or near the RO.

Hang in there on this veteran-

The DAV is in the same building as the RO. I mailed him my last 2 C&P exams, the first a GAF of 45 and the last with a GAF of 35, also the denial letter from the VA. He should get it on Monday. I will keep you updated.

You need to come down to the mountains in NC and visit the Cherokees.

Thanks for the support

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Can I bring my cousin Lone Wolf?

He would love it- he is Vet too-

I sure hope the DAV does a good job to help you-your decision was ALL wrong-in my opinion-

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My new VSO with the DAV called me the same day he received(1/28/08) the copy of my last C&P exam that I sent him. He immediately filed a NOD, stating that I meet or exceed the criteria for an increased evaluation. I myself was impressed with how fast he called and filed NOD. I called Senator Burr's office in Winston-Salem,talked to Garth, and he said he would begin working on my case from his end. Thanks everyone for your help and suggestions and I will keep you posted on whatever or whenever I hear anything.

Wapiti

Berta bring Lone Wolf with you down to Cherokee, beautiful Smoky Mountains and also Harrah's casino if you gamble.

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