ptsd To Nod Or Not To Nod

[gp747]

i realise there are vets on here that are in dire circumstances and this is

serious business. i have been going overboard on the posts lately. i sincerely

want to apoligize and want the valuable knowledge of the members of hadit.

i have been rated 30% sc bi-polar panic attacks ptsd. they combined it all

and on award on front says bi-polar. i immediately filed secondary for gerd

throat stricture and copd related to agent orange. i also filed for drastic weight

loss due to gerd. already had claim in trying to reopen arthritis in back varo

was waiting for c-file from amc. also i have filed for increase in my rating. talking

to george patton , who i believe is honarable. i just believe my best bet is not

to nod and try to get increase from appeals but to try to win at varo with what i

have. i am 62 years old now and a long fight with a nod would hold up the new

claims i have and i think would be winnable. i have been doing this by myself and

when i am out of whack i make all kinds of irrational decisions.

[vaf]

Skunk, I'll stick my neck out here and venture to say that most (not all) of the folks here appear to recommend keeping your claim local to your VARO, whenever possible, including requesting a reconsideration or a hearing after a denial.

If you get a VARO denial and decide to appeal to the Board of Veterans Appeals, you're probably talking about at least a two-year wait, and most of the time, a "win" at the Board only means that the Board remands it back to the VARO or to the AMC to decide, anyway. In our case, it took a writ of mandamus request to the Court of Veterans Appeals to get action on an appeal that's been pending since 1994, with the Board finally remanding it back to the VARO twice (2001 and 2003), and then back to the AMC twice (2005 and 2008) without any action. We're still waiting for a decision, only now the Court is watching and dishing out deadlines to the VA in increments, under Court scrutiny, until the Court decides the VA's had enough time to make a decision (whenever that may be).

However, we also know that to delay a new claim is to delay the effective date of the claim. You know your situation the best, you also know what your priorities are regarding which claims can yield a positive result in the briefest amount of time.

[gp747]

Skunk, I'll stick my neck out here and venture to say that most (not all) of the folks here appear to recommend keeping your claim local to your VARO, whenever possible, including requesting a reconsideration or a hearing after a denial.

If you get a VARO denial and decide to appeal to the Board of Veterans Appeals, you're probably talking about at least a two-year wait, and most of the time, a "win" at the Board only means that the Board remands it back to the VARO or to the AMC to decide, anyway. In our case, it took a writ of mandamus request to the Court of Veterans Appeals to get action on an appeal that's been pending since 1994, with the Board finally remanding it back to the VARO twice (2001 and 2003), and then back to the AMC twice (2005 and 2008) without any action. We're still waiting for a decision, only now the Court is watching and dishing out deadlines to the VA in increments, under Court scrutiny, until the Court decides the VA's had enough time to make a decision (whenever that may be).

However, we also know that to delay a new claim is to delay the effective date of the claim. You know your situation the best, you also know what your priorities are regarding which claims can yield a positive result in the briefest amount of time.

that is what i have been inclining to do , i just believe the nod at amc will go on forever

and i do stand a good chance of winning my secondary claims at varo.

[gp747]

i think i have finally decided what to do. to heck with the nod not going

to file nod. to heck with the lawyer at this point. i am going to withdraw

my request for an increase because at this time i dont have imo and has

only been about a little over a month since i got my award of 30% i just

dont feel prepared to win that.i am now seeing psychiartist since i got sc

was just seeing pa's ,trainees,what have you, think that was cause of

condition getting worse.

i am going to try to win my secondary claims at varo , meanwhile i will

be building my case for an increase,in case i want to apply later. man

took a long time to think it out . anybody see where i am going wrong

i would appreciate the input,especially about withdrawing for increase.

[vaf]

Skunk, this is not to confuse you, but just to make sure you're aware of the option to file an informal claim. You can file an informal claim for increase, and then have 12 months after the date you file the claim to gather your evidence. You would merely state what you're claiming, and why you're claiming it. You add that this is an informal claim, and that you will provide additional evidence within the next 12 months. That would reserve your effective date of claim as of the date you filed the informal claim, without forcing you to forego the claim altogether until you have ALL your evidence together. Do you see what I mean? It buys you 12 months, if you think you could get what you need together within that time period. Just a thought.

[gp747]

Skunk, this is not to confuse you, but just to make sure you're aware of the option to file an informal claim. You can file an informal claim for increase, and then have 12 months after the date you file the claim to gather your evidence. You would merely state what you're claiming, and why you're claiming it. You add that this is an informal claim, and that you will provide additional evidence within the next 12 months. That would reserve your effective date of claim as of the date you filed the informal claim, without forcing you to forego the claim altogether until you have ALL your evidence together. Do you see what I mean? It buys you 12 months, if you think you could get what you need together within that time period. Just a thought.

OHHHHH THANKS VAF!!!! I FORGOT ABOUT THE INFORMAL THING.

[gp747]

VAF I TOOK YOUR ADVICE AND MAILED THEM TO CHANGE FROM FORMAL

TO INFORMAL. THAT IS A RELIEF , I WAS WORRIED I HAD FILED TOO SOON

WITHOUT A CHANCE TO CONSIDER AN IMO AND MORE EVIDENCE. I HAVE

BEEN TRYING TO GET A GAME PLAN SINCE I AWS LOWBALLED AT AMC.

THE ONLY HOLD UP NOW MAY BE MY SENATOR HAD MY CLAIMS FOLDER

SENT BACK TO AMC FOR REVIEW. DO YOU THINK I SHOULD TRY TO GET THEM

TO RELEASE IT BACK TO VARO. HOW WOULD I DO IT?