I Got The C&p Result!?!?!?!

[yoggie2]

It was back in 05 I started this claim it was not complex in any way but the VA made it complex to fire off a denial without even looking at it and went so far to set me up for my 1st C&P's as complete bullsh#t and even tried to get a Borderline Personality Disorder, Thin very thin..This was to see if I would run my claim through 1 more time, except others had prepared me with Hadit.com this time to come correct, here are the results of my 2nd round of C&P's.. Any guesses on how it will turn out this time? Last time it was denials across the board......Thanks for your replies.

Yogg

[Wings]

x

x

x

The "as likely as not" standard, combined with "moderate impairment" will service connect your PTSD, maybe at 50%

The "conclusion" of "unemployable" in the back pain Exam, combined with PTSD will get you the TDIU.

Let's hope so!!! ~Wings

[john999]

Ruby

I hope you appealed that 50% rating. A friend of mine who is now 100% also had a 50% rating from the St.Pete VARO even though he was on SSD for his SC condition. He finally started fighting back in a smart way and got IU and then 100% with HB. The St. Pete VARO are masters at low balling vets with emotional disorder. They just figure many vets will just take what they get and move on, and they are right.

[rgero311975]

It was back in 05 I started this claim it was not complex in any way but the VA made it complex to fire off a denial without even looking at it and went so far to set me up for my 1st C&P's as complete bullsh#t and even tried to get a Borderline Personality Disorder, Thin very thin..This was to see if I would run my claim through 1 more time, except others had prepared me with Hadit.com this time to come correct, here are the results of my 2nd round of C&P's.. Any guesses on how it will turn out this time? Last time it was denials across the board......Thanks for your replies.

Yogg

keep it up[ i think it will go in your favor

[Hoppy]

PTSD

I would have to go with the GAF of 42 as a better indicator of the level of disability rather than the examiners inability to assess employability and his use of the word “moderate” impairment of social functioning. Application of the schedule below does not work well. I would say 70% for a GAF of 42. The can thrown in IU with a 70% rating.

I found this on a BVA decision:

Although the concept of social impairment is

also employed in DC 9411, it is used only to assist in the

evaluation of industrial impairment." Webster v. Derwinski,

1 Vet.App. 155, 159 (1991). The words "considerable" and

"severe" are not defined in the Schedule for Rating

Disabilities. Rather than applying a mechanical formula,

the Board must evaluate the evidence to the end that its

decisions are "equitable and just". 38 C.F.R. § 4.6 (1991).

The schedular criteria provide that a 30 percent evaluation

is warranted for PTSD which produces definite impairment in

the ability to establish or maintain effective and wholesome

relationships with people, and the psychoneurotic symptoms

result in such reduction in initiative, flexibility,

efficiency and reliability levels as to produce definite

industrial impairment. A 50 percent evaluation requires

that the ability to establish or maintain effective or

favorable relationships with people is considerably

impaired, and by reason of psychoneurotic symptoms the

reliability, flexibility and efficiency levels are so

reduced as to result in considerable industrial impairment.

Where the ability to establish and maintain effective or

favorable relationships with people is severely impaired,

and psychoneurotic symptoms are of such severity and

persistence that there is severe impairment in the ability

to obtain or retain employment, a 70 percent disability

rating is warranted.

"The thrust of DC 9411 is to determine disability based upon

the actual impairment of the particular individual being

rated. . . .

BACK

I am just adding the radiculopathy of 20 to the previous 40 for DDD. If this is the way it can be done then I see 60 on the back and IU.

If the total of the schedular service connected conditions exceeds 100 do they even need to involve IU?

Edited May 17, 2009 by Hoppy

[LarryJ]

He could have rated my claim 5 months ago and as far as I am concerned he has put me in an even better position that was very unexpected..at least it feels that way..Yog

I do believe you are correct Yoggie. He tried to screw you even more than he had, and wound up by making your case even stronger!

[yoggie2]

PTSD

I would have to go with the GAF of 42 as a better indicator of the level of disability rather than the examiners inability to assess employability and his use of the word "moderate" impairment of social functioning. Application of the schedule below does not work well. I would say 70% for a GAF of 42. The can thrown in IU with a 70% rating.

BACK

I am just adding the radiculopathy of 20 to the previous 40 for DDD. If this is the way it can be done then I see 60 on the back and IU.

If the total of the schedular service connected conditions exceeds 100 do they even need to involve IU?

Okey I'm a little confused here????? So your saying 70% is warranted because a GAF of 42 and the fact stated in the interview that I am isolated in my home.

And on the BACK they or will rate the radiculopathy of 20 could be per leg or both? I think he is also rating my knees as well and my foot as well and scare on the foot.