ptsd New Dude - Previous Lurker

[Roly]

Hello All,

I have read postings for a couple of years or more, as I navigated my way to 10% tinnitus, 2006, followed by 30% PTSD, 2008. I am a Navy Nam Vet. I learned Vietnamese after boot camp in 1968 at Defense Language Instititute in Monterey, then spent a year in country, NSA Danang, Camp Carter and NSA Saigon, Air Cofat. After that I was in VA115, an A6 squadron out of Oak Harbor WA, which did a Westpac deployment on the USS Midway. Then I went home. Now I'm 60 and retired out of federal civil service (at the earliest minute possible).

Where on the forum should I ask knowledgable members about proceeding now that my NOD was answered last week by a SOC that refers me to the BVA? I had requested a de novo review at the regional level, but their SOC came before they saw my non medical support letter challenging points in my award letter and the C&P exam, and my wifes support letter.

I need to choose the type of BVA review. What is the rate of success with the BVA?

Thanks, Pleased to Meet Ya, Roly

[Roly]

Welcome Roly, I am glad you are here and that is a good question on how to proceed.

What issue did you do NOD on? Did you have a VSO representing you? Seems to me the DRO is redirecting you to the BVA for a reason, what did the SOC state? Guess I am curious.

Definitely this is the time to ask questions, if at all possible prior to choosing a review methodology. From my point of view, having a claim resolved at DRO saves so much time and effort.

Thank your wife for being there for you as well!

Best to ya,

Cg'up2009!

[Roly]

Welcome Roly, I am glad you are here and that is a good question on how to proceed.

What issue did you do NOD on? Did you have a VSO representing you? Seems to me the DRO is redirecting you to the BVA for a reason, what did the SOC state? Guess I am curious.

Definitely this is the time to ask questions, if at all possible prior to choosing a review methodology. From my point of view, having a claim resolved at DRO saves so much time and effort.

Thank your wife for being there for you as well!

Best to ya,

Cg'up2009!

Hi, Cowgirl,

In my NOD, August 2008, I objected to the effective date for the 30% award and to the amount of the 30%, stating that the C&P was flawed. In the SOC they kept 30% but backed the effective date up 20 months to correct it. yippee. I also need them to add a dependent spouse and grandchild, which I haven't heard from them about yet..

They had reviewed the C&P report done by a contracted psychologist, and saw no problem with 30%. My letter contradicting 5 points in the C&P report and connecting them to 5 of their criteria for 50% crossed their SOC in the mail. They have it now, but I think I am still remanded to the BVA, and the locals won't do anything??? They give me a year to get letters in, but make a decision in 5 months????

Where do I find definitions of terms in this website? "DRO" must mean something-regional office...

I am on my second VSO from the American Legion office, first one was useless, the present one might be less useless.

Thanks, Roly

[Berta]

DRO- Decision Review Officer-

You appear to have had a de Novo review by a DRO already-but you had additional evidence that was not considered in the SOC-as they didnt receive it yet.

You can certainly rebutt the SOC with this evidence but it might not matter at all at this point-

then again, if it is very strong evidence you could possibly get another DRO review.

This is from my recent BVA remand and might help you or someone here-

"the claimant submitted or caused to be created additional evidence requiring the issuance of a supplemental statement of the case (SSOC) in December 2005." 38 CFR 202.302((2)"

I had sent considerable medical evidence, some pertinent FTCA evidence, and also at that point 2 IMOs from Feb 2003 to Dec 2005. The VA stated that I had submitted no evidence but did get A VA medical opinion ,referred to in the SSOC- which caused me to then get a third IMO.The third IMO and all other evidence was again ignored.

My medical evidence was read last month at the AMC for the first time since Feb 2003.

My point is that -if your additional evidence thay have not seen yet is strong enough- they could possibly review your claim again. But it could still mean getting an SSOC instead of the award you want.

Claims are taking about two years at the BVA to be decided or remanded.

[carlie]

Hi, Cowgirl,

I also need them to add a dependent spouse and grandchild, which I haven't heard from them about yet..

Where do I find definitions of terms in this website? "DRO" must mean something-regional office...

Thanks, Roly

Roly,

I'm not cowgirl but here's my dime's worth.

This link is for Hadit's Definition page,

http://www.hadit.com/index.php?categoryid=33

For the dependent pay -- have you filled out and submitted a

VA Form 21-686 ? If not you need to do this.

Also, you may need to study 38 CFR to get dependent pay for the grandchild.

I do not know your situation (legal) with the grandchild and whether you can

recieve additional compensation for the grandchild.

The information you need might be here.

http://edocket.access.gpo.gov/cfr_2008/jul...f/38cfr3.57.pdf

Here are two links for you that VA goes by for rating purposes.

38 CFR - Parts 3 & 4 are where you would study:

http://www.access.gpo.gov/nara/cfr/waisidx...38cfrv1_08.html

M21-1MR - Most dependent information is in Chapter 5:

http://www.warms.vba.va.gov/M21_1MR.html

Hope this helps a vet.

carlie

Edited February 3, 2009 by carlie

[Guest Vietnam Tanker]

Roly, Welcome aboard, you are getting some great advice here already, just try to be patient and follow through, never give up.

[carlie]

Roly,

Here's a link for a printable VA Form 21-686c -

DECLARATION OF STATUS OF DEPENDENTS

http://www.vba.va.gov/pubs/forms/VBA-21-686c-ARE.pdf

Hope this helps a vet.

carlie