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Nod Help


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 (see edit history)
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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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GSW- gun shot wound- I am assuming you got the PH due to a gun shot wound.

Did you read my post as to the NOD?

The rating schedule should be with the award letter-

actually here it is :

http://www.va.gov/vetapp05/files2/0510348.txt

This is a good BVA case example of what the VA looks for when awarding PTSD ratings.

I would wait until you get the award letter to see why they say they gave you the rating they did- and then we can help you with the NOD-

By the way- the check might be in your mailbox or bank account before you get the award letter-I have always gotten the money first, then a letter followed in a few days.

make sure it is the proper retro amount or else you can NOD that too.

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Veteran- I might have assumed too quickly and that makes me an ass-

Here is the PH criteria:

) Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

(a) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action.

(B) Injury caused by enemy placed mine or trap.

© Injury caused by enemy released chemical, biological, or nuclear agent.

(d) Injury caused by vehicle or aircraft accident resulting from enemy fire.

(e) Concussion injuries caused as a result of enemy generated explosions

If you tell us more about it and your Valor award maybe we can tell better what that rating should consider when you file the NOD-all SC is based ultimately on the affect that the disability has to ones employability-

Berta

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Hi Berta, I was WIA in Viet Nam-you have in the past agreed to give me advice on filing the NOD. When I get the letter I'll let you know what it says. The Arcom withe the V device (Valor) I got said that although wounded I was able to suppress fire and "neutalize" some of the enemy. It was late 69 so political correctness dictated that we were neutalizing, not killing them. I always appreciate your (and everyone elses) insight.

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Guest Namvet6567

Berta, you posted: "If you tell us more about it and your Valor award maybe we can tell better what that rating should consider when you file the NOD-all SC is based ultimately on the affect that the disability has to ones employability-"

The percentage awarded in a PTSD rating should have nothing to do with the circumstances of the stressor - so a valor award should have no bearing on how a claimants PTSD effects them today. A grunt who was under heavy fire repeatedly doesn't necessarily rate a higher rating than a REMF whose PTSD comes from a single mortar attack. It should be how the PTSD effects their daily life, including medically, socially and work ability, now and in the future. Hope I haven't stepped on yours toes, dear friend! JMHO

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Pete- that is quite interesting the way the citation reads for your bravery. Thank you for what you did!

Yes- when we know how the VA decided why the rating was not higher- we could shape the NOD better-

I think you will get the award letter very soon-

Pete - many Vietnam vets- well maybe just some-

don't have all of their awards on their DD 214-

Any vet who wants to double chech their DD 214 can do it by filing a DD 149-I will attach the form-

a vet just has to specify that they are requesting any corrections if needed to their DD 214.

My husband was USMC Nam 65-66- Danang.

Someone at the County Vets Agency told him his DD 214 seemed wrong and he sent this DD 214 form in-

they had forgotten 3 or 4 awards-20 years later he got them- never knew he had them-and a DD 215 which goes with the 214.

Some medals came in the mail. After he died I bought the rest at Lackland AFB when my daughter graduated from Basic. The Vietnamese medals have to be purchased at bases or on line because US of A doesn't make them-as you know-they are quite beautiful.

dd0149.pdf

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Well my toes don't hurt at all and your point is well taken-

After my life altering experience working in a vet center as a volunteer who was voted into the PTSD Combat Rap group-

I learned -and my husband's Nam experience bears it out-

that PTSD -as you said- is not dependent on incoming,combat etc- stuff like that-as bad as that all is-

My husband (100% SC PTSD) was in numerous fire fights in Nam- 65-66 ,USMC Amphibious Tractor battalion- His horrific stressors,however, -the ones he shared with the VA(and he never revealed to anyone the most horrible ones) mostly had nothing to do with combat-

Last night Oliver North 's show was about Khe Sahn - the veterans interviewed who had been through this Hell and survived ( the siege of Khe Sahn) often were troubled by things that grew out of the situation but were not always directly related to the horrific battles-one vet who returned to Khe Sahn a few years ago came away with a new flashback that he never had before-and the vivid belief that so many died in vain-on both sides-Khe Sahn- one of many lessons learned from Vietnam---

PTSD vets carry more inside them that we can ever know at a web site.

They also can carry stuff that the VA never hears about.

I certainly feel that this veteran should not accept the rating he got.

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Guest Namvet6567

I agree Berta, he should NOD this decision but without knowing the "reasons and bases" it's too soon to develope a plan for a NOD and makes for much unnecessary work. JMHO Glad your toes don't hurt!

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Dear dear friend- this is good discussion-

because- lets face it - this vet waited for 35 years or more to file a PTSD claim-

and we all know the University of SE Asia is where it came from-decades ago-and it stayed with him all these years-

VA logic is EED is the date of filing the claim-like that is the beginning day of disability ! Yeah right-that is a dinky dau idea.

The reality is

PTSD from Nam started when some vets got off the planes or the amtracks=and if not then they sure were getting it by the next week end- or the next month -depending on where they were and what was coming down-

And actually this is the case for every single SC claim-physical or mental -it can start up years later, yet the EED is the date of the claim in most cases.

I know this is VA law but this doesn't make sense, does it?

We used to gripe about this a lot at the vet center-

and the VAMCS used to treat vets with obvious SC disability and never say a word about filing a claim.

Used to-heck- they still do it-

I wonder how much money from unfiled potential SC claims has been saved by the gov!

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Berta

Think about AO claims. It takes 30 years to develope DMII from AO exposure but you only get compensated from the date of claim. The VA admits the exposure in RVN is responsible for the DMII. The injury was from the day of exposure in my mind, but that is not VA logic.

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