ptsd Hearing In A Few Short Weeks!

[souldeliverer]

I have another C&P this Saturday morning, for I am not sure what. I filed my NOD last week(against PTSD reduction to 70%), and asked for a DRO review. They called me and told me the DRO said to wait and see till after my hearing. Does this mean the DRO never looked at my case? I requested an SOC. Do they send this after the DRO review, or after the hearing?

I also requested a copy of my c-file when I turned in my NOD. I was told that my c-file was at the hospital, and it would take a couple months to get a copy of it. I told her it would make more sense if I could get it before my hearing, and she said I cannot.

I still have not heard back from the DAV at the VARO. I guess I am on my own on this one. I am calling their national headquarters tomorrow and threatening to call the local news, which also aires at Ft Campbell, and saying what a lousy organization they are.

I am asking for advise on how to prepare for my hearing. What to bring. What to expect is my main concern. How many people will I be in front of. Do they grill me? Will they grill my witnesses? Should I type up letters to give them, or present a speech? I am very nervous, and stressed out. Not eating or sleeping, pissed off all the time.

Thank you for your help.

Edited April 8, 2008 by souldeliverer

[souldeliverer]

should,

When and where is your hearing, who is it with ?

Is it a RO hearing, a DRO hearing ??

carlie

I had requested a DRO review and hearing. It will be held at the federal building in Nashville, which is where the RO is.

[souldeliverer]

I researched bva decisions and learned from them what to say and not to say. I read everything I could find regarding my disability. Educate yourself and that is the best defense you can have. Pull up Board of Veterans Appeals and then search decisions. Read and read. When I went before the judge I typed a detailed list of all my doctor appointments what was said by dates. Then I typed a page or two quoting regulation and decisions that pertained to my case and and referenced it to my doctor statements. I then typed a closing page explaining why I should be rated at the rate I requested. Have your medical records so you can reference them when talking to whoever. Read VA Sec 38 chap 4 and learned what is required for certain ratings. This helps alot. I would for sure use the Reasonable Doubt in your favor. I hope that helps. Vicky

Thank you for this advise. I will start reading decisions tomorrow.

[souldeliverer]

can you send me a copy of their proposal to reduce? Maybe I can help you determine the reasons for their proposal, and what would be necessary to turn it around. How long has your rating been in effect? If the rating has been in effect for 5 years, they cannot reduce you based on a single exam, and there are certain regs that they must quote to you in the proposal to reduce to fulfill there VCAA requirement. Have you been called in for a PTSD C&P recently?

You get an SOC after you file a NOD. I am not sure if they send one for an appeal of a proposal to reduce.

I would really appreciate any help at this point. How can I send you the proposal? I have been 100% since April of 2006. I did have a C&P for PTSD in November, I think. They quoted one thing from the C&P exam, where the doctor checked, "no," to the question of whether or not I was totally occupationally impaired. They also used a note where I was given a GAF of 55, and was said to have made good eye contact. It is my understanding that they cannot determine I am well because I am not under the stressors of normal life, ie-work. What are your thoughts on that?

Thanks

[carlie]

should,

Either type the proposal - word for word into a post OR scan it into a document file - edit it to delete your personal info like your SSA #, your address, etc... - then upload it into a post.

carlie

[donews]

Soul,

Calm down. Take some deep breaths.

Do not let yourself get all out of whack to the point that you go to the hearing not ready.

Once you get calm, then attack the task of preparing.

I would suggest you make sure you are aware of the regs front to back on the rating criteria for 100% PTSD, and I would have copies of every document I can find that supports that reg / rating copied and ready for reference and review.

As for them referencing the doctor checking that you were NOT occupationally impaired, if this was a checkup C&P, that could be the reason they are trying to reduce.

The VA has adopted the criteria established in the DSM-IV as the basis for its psychiatric ratings, including PTSD.

38 C.F.R. § 4.130, DC 9411

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to such symptoms as: gross impairment in thought process or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation occupation, or own name …………………..100%

Also remember if they are able to get you reduced, make sure you file for TDIU immediately.

[carlie]

sould,

What was listed in the evidence section of the April 2006 Rating Decision that

granted 100% ?

What is the new evidence VA has in the proposal that contradicts the April 2006

Rating Decision ?

carlie