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Bva After Action Report


AnonyMousVet
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Question

I got the decison from BVA on 28 SEP 2008, still no money as of 21 OCT 2008

Well, it is finally over. After 78 months, the BVA has made its final decision. I look forward to your comments.

"Service connetion for major depressive disorder is granted, subject to the law and regultations governing the payment of monetary benefits.

Service connection for hepatitis C is granted, subject to the law and regultations governing the payment of monetary benefits.

An initial disability rating of 50% for PTSD is granted from April 16, 2002, subject to the law and regultations governing the payment of monetary benefits.

I was rated 30% PTSD in August 2003 on top of 40% for loss of left leg. for a combined total of 60%."

Quoted from the BVA decision.

"As above, the veteran contends that service connection for anxiety/depression is warranted secondary to his service-connected left below-the-knee anputation. The veteran was afforded a VA psychiatric examination in February 2008. The examiner diagnosed the veteran with PTSD and major depression disorder.

To a certain degree, the symptoms of major depressive disorder overlap with PTSD - in particular, depression, anxiety and lability. When, as here, it is impossible to separate the effects of a service-connected disabilty and a non-service connected disability, reasonable doubt must be resolved in the veteran's favor and the symptoms in question attributed to the service-connected disabilty. See Mittleider v. West, 11 Vet. App. 181, 182 (1998)

In view of the foregoing, the Board finds that the symptoms of the veteran's major depressive disorder cannot be dissociated from the veteran's already service-connected PTSD. Thus, resolving in the veteran's favor service connection for major depressive disorder is granted. 38 U.S.C.A 5107(:P"

In reading of some of the Court of Veteran's Appeals, I have drawn the conclusion that the RO will now have to factor in the effects of MDD into the PTSD. This probably means another round of appeals, CVA, etc etc, so forth so on and ever more Amen.

However the previous remand of BVA to RO stated:

"With regard to the claim of service connection for anxiety

and depression, to include as secondary to the service-

connected amputation, the Board finds that the record needs

to be clarified before a determination can be made on that

claim. The initial grant of service connection appears to

relate the PTSD to the traumatic incident in service which

resulted in the amputation. The veteran's additional service

connection claim for anxiety and depression includes his

contention that those complaints are related to the service-

connected amputation. Anxiety and depression are typically

evaluated as symptoms of PTSD. As part of the examination

conducted on remand to determine the current severity of the

service-connected PTSD, the examiner should be asked to

indicate whether any anxiety or depression currently

diagnosed is associated with the service-connected PTSD. If

so, the RO should consider all symptoms when rating the

service-connected PTSD and determine whether a separate

rating is warranted. Mittleider v. West, 11 Vet. App. 181

(1998)."

According to the above, it looks like the BVA says a separate rating is warranted for MDD. Pyramiding says no. Other cases says to factor it into PTSD. Still haven't got paid!

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  • HadIt.com Elder

Once the BVA makes the decision, your c-file is sent back to the original RO, with their decision, the RO figures out the award amount, authorizes the payment and sends you the award letter. Sometimes payment is received first and sometimes award letter is received first. That can generally take anywhere from 30 - 90 days or perhaps more, on rare occasions.

pr

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  • HadIt.com Elder

If you are not working I think you should apply for TDIU because I think you will meet the criteria for IU percentag wise given your BVA decision. How does you Hep C affect you? They will rate you for only one mental disorder. They will probably rate you under PTSD taking into account the depression. Did you have a GAF score when you got your C&P exam? I think you should probably get more than 50% for the PTSD considering the major depression. It just sounds like it should be 70-100% on its own with the leg as an extra percentage. You might just get 100% for the mental and 40% or more for the leg and hep c which would give you SMC. If you are not working you should be 100%.

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  • HadIt.com Elder

Congrats I agree with Philip and John

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