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Nod Help

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pete

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Hello, my service rep called and said I have been rated 30% for ptsd-official letter to follow. I'm a viet combat vet, PH, valor medal, etc. Would you all please give me advice on how to correctly file a NOD for an increaSE? tHANK YOU.

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Guest Namvet6567

The fact that you have been awarded service-connection (SC) can be attributed to the facts you've posted and only that. SC is probably the hardest part to prove. You'll need to review your medical, social and work evidence and if need be acquire more. Once you've received your official decision and have seen the VA's "reasons and bases" for the 30% award, you'll have a better idea of what is needed. Then you can return here and request more specific assistance.

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Boy- that is a surprise-

my PH vets are usually getting 50% for the PH.

There should be an NOD format here at hadit somewhere-

I always put NOTICE OF DISAGREEMENT

in big letters under the addresses etc- make sure your c file number is on it and any refer to initials or numbers in the right hand corner of the award letter-send it certified or Priority with tracking slip.

Say you disagree with the rating and give a good reason-

such as - does the evidence warrant application the 50% PTSD rating schedule? they should have sent you all that with the decision-

or have you been turned down for Voc Reb? but they dont know it yet?

Did they consider those antijungle meds as to their side affects hindering your ability to work?

Do you have scarring from the GSW that is painful or tender and/or is it disfiguring?

On the Evidence list-did they consider all of the evidence they should have and did they appropriately apply it to your claim?

Are your employed? Of not- I suggest you consider the TDIU form attached-

Question # 18- say yes and apply for SSA disability benefits-

Question # 25- Remarks- tell them you are attaching a separate page- on this page put your C file number, name , address etc and tell them about your meds and any other evidence they should consider-

This is the time veteran- to tell them of any other potential illness you have that could potentially be service connected.

Do you have a copy of the results of your PTSD C & P exam? There is always the possiblity they used the weakest parts to award the 30% and never referred to the stronger parts on your decision.

What GAF did they give you?

Dont depend on your SO to mail anything to the VARO- it is OK to send him/her copies of all- but better to send it yourself.

If your SO says you dont qualify for TDIU consideration- he doesn't know his stuff-

I had a vet with no VA rating whatsoever- he got TDIU in little more than 3 months-at my own VARO- which often takes 3 years to award-

We attached his evidence right to the TDIU form.It was dynamite.

If they didnt send you the rating schedul for PTSD -10,30 70 , 100- that stuff-from 38 CFR- let me know-

TDIU_form.pdf

Edited by Berta
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Guest Namvet6567

Berta, no offense meant here but a PH should have no effect on what the percentage a claimant is rated. If a VA adjudicator is using that fact in deciding what percentage the claimant is rated, then I forsee some claims being reviewed and perhaps reduced. The PH only assists in confirmng SC and stressor occurance, not how much the claimants PTSD is effecting their daily life.

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No offense taken-

what I see with some GSW claims is that- if the veteran has PTSD and also the evidence of GSW -that veteran has both a mental and physical disability-

I have seen vet with GSW claims- some at the BVA who not not claim PTSD-

they are reted solely on the physical affects of the GSW.

A veteran with both the GSW and PTSD should be in a higher rating criteria-

in my way of thinking-

I have a vet -a close personal friend.

He has GSW that caused him to leave Vietnam-

He does not claim it although the residual schrapnel is causing an additional problem (per his private doc) and he denies PTSD-

yet the GSW has caused him PTSD-among other things as an officer in Nam- he knows he is in denial-

I imagine that most ,but not all GSWs are so horrific as stressors that they certainly support a PTSD claim- not all maybe but most-

this specific vet who posted on this here also has a Valor award.

I bet his rating might well be too low and a good NOD can get it higher.

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