ptsd Regional Office Rating Differences

[jsdwd]

My "home" office is Oakland RO. My claim has been sent to Phoenix for processing. I have heard that there are large differences among the various RO rating boards as to how they do their ratings and their results.

Has anyone had experience with Phoenix?

I have three claims and the most important is for PTSD. The C & P examiner gave me a GAF of 45 and said in the report that I am unemployable due to the PTSD. The report states unquivocally that I meet the DSM IV requirements for a diagnosis of PTSD. I have been on Social Security Disability for over 10 years. The examiner also mentions this fact in the report. Also, I have submitted a psychiatrist's letter establishing a nexus between PTSD and subsequent alcoholism (I haven't had a drink for 15 years).

Now I am waiting to hear the results of the rating. No idea how long that will take, what the result will be or if having Phoenix process it will make a difference.

Does anyone have any information to share?

Thx.

[Testvet]

unless they rate you 70% TDIU or 100% if SSD is for the same reason you filed for PTSD then I suggest what ever rating they assign you to keep appealing NOD it first sometimes looking them in the eye chenges their mind other times a BVA Judge will grant the claim I played their games for 7 years before I got my heart and hypertension secondary to my SC PTSD which was in itself a few years and a few appeal bofore they granted that it went in 2 steps first they gave me 50% then a year later they granted 100% P&T 4 years later before I got to the BVA Judge and he granted it in less than 2 months still waiting on the check but I can breath easier now knwoing the fight is over just keep appealing whatever they decide unless they grant IU or 100% off the bat but I doubt they do that I haven't seen it yet but then again everyone but the people on Hadit told me I would never get my CAD and hypertension SC secondary to my PTSD but sometimes the tooth fairy does come

[broncovet]

isdwd

Yes, I am a DP2 from the Navy, and also had to start over as Seaman again with hadit. Keep on posting, and you will move up in rank with hadit.

As far as the disparity between ratings in the different VA RO's, them "farming out" your claim will have little effect on your ultimate rating, IMHO, unless you can figure out how to utilize this to your advantage.

Reason: It has been my experience that when a RO "farms you out" they do that for development only, and your c file comes back to the AOJ for a decision. While being farmed out will delay your claim, there is nothing you can do about the delay.

Here is how you can use this to your advantage. You see, your RO deems what the other RO says as being very credible, while everything the Veteran says has to be proven ten times over.

To use this to your advantage, get the "farmed out" RO to make a key determination in your favor.

Example:

You have filed for depression and IU at the RO in C. You know that C is balking about IU and trying to weasel out of it. C farms you out to P. P asks you for verification of unemployability.

The RO is doing this as a trap to snare unsuspecting Veterans. It is impossible to prove a universal negative. Is it possible for you to get verification from every employer in the world that you do NOT work there? Of course not.

So, you avoid that trap by explaining to P that your doctor has stated that you are unemployable on an exam on May 14, 2006, and you were fired from ABC company two years ago due to

"violent outbursts". (PTSD). ABC company will NEVER verify they fired you for "violent outbursts" unless a court has convicted you for bludgeoning a fellow employee on duty. So, you mention a truthful incident (always tell the truth..just tell truths that support your claim!) when your boss at ABC and you disagreed over ____________ and you had thoughts of wringing his neck.

To repeat, dont tell lies, but since you were not told why you were fired, you can speculate that it must have gotten back to your boss that you were considering wringing his neck and he fired you out of fear for his neck!

Your RO probably wouldnt buy this, and would want your boss to write a letter as to why he fired you. Your old boss wont write that letter, because he knows that would cost him his job because at least part of your dispute with him was his fault. BUT..RO P writes down in your file, "Veteran unemployable. Unable to verify employement. Employment verification sent out on 2/8/08 and 7/16/08. Received it back returned. "

By asking for a copy of your C file, you can find that in there, and then use that at your appeal to win your claim. It is a long tedious process, but the VA makes it clear that Veterans MUST submit to the VA to get their claims approved (and do everything the VA way)

Its a power issue for the VA. They think they are better than Veterans, rather than their purpose is to serve Veterans.

[gdsnide]

isdwd

Yes, I am a DP2 from the Navy, and also had to start over as Seaman again with hadit. Keep on posting, and you will move up in rank with hadit.

As far as the disparity between ratings in the different VA RO's, them "farming out" your claim will have little effect on your ultimate rating, IMHO, unless you can figure out how to utilize this to your advantage.

Reason: It has been my experience that when a RO "farms you out" they do that for development only, and your c file comes back to the AOJ for a decision. While being farmed out will delay your claim, there is nothing you can do about the delay.

Here is how you can use this to your advantage. You see, your RO deems what the other RO says as being very credible, while everything the Veteran says has to be proven ten times over.

To use this to your advantage, get the "farmed out" RO to make a key determination in your favor.

Example:

You have filed for depression and IU at the RO in C. You know that C is balking about IU and trying to weasel out of it. C farms you out to P. P asks you for verification of unemployability.

The RO is doing this as a trap to snare unsuspecting Veterans. It is impossible to prove a universal negative. Is it possible for you to get verification from every employer in the world that you do NOT work there? Of course not.

So, you avoid that trap by explaining to P that your doctor has stated that you are unemployable on an exam on May 14, 2006, and you were fired from ABC company two years ago due to

"violent outbursts". (PTSD). ABC company will NEVER verify they fired you for "violent outbursts" unless a court has convicted you for bludgeoning a fellow employee on duty. So, you mention a truthful incident (always tell the truth..just tell truths that support your claim!) when your boss at ABC and you disagreed over ____________ and you had thoughts of wringing his neck.

To repeat, dont tell lies, but since you were not told why you were fired, you can speculate that it must have gotten back to your boss that you were considering wringing his neck and he fired you out of fear for his neck!

Your RO probably wouldnt buy this, and would want your boss to write a letter as to why he fired you. Your old boss wont write that letter, because he knows that would cost him his job because at least part of your dispute with him was his fault. BUT..RO P writes down in your file, "Veteran unemployable. Unable to verify employement. Employment verification sent out on 2/8/08 and 7/16/08. Received it back returned. "

By asking for a copy of your C file, you can find that in there, and then use that at your appeal to win your claim. It is a long tedious process, but the VA makes it clear that Veterans MUST submit to the VA to get their claims approved (and do everything the VA way)

Its a power issue for the VA. They think they are better than Veterans, rather than their purpose is to serve Veterans.

Remember....the only way U lose is if U quit your claim...GARY

[Rob53]

This is my first post. After seven years I managed to get my sc for hepatitis c on Apr 24 09. I was a corpsman from 73-75 in the Navy. I wrote a note to IRIS asking what the rating was and in the reply I received It states that the Appeals management center has my my C file for a rating. I claimed depression and Cirrhosis a secondary to hcv. In 2006 the VARO denial in SLC agreed it was attributed to hepatitis and cirrhosis the same thing. But they were not allowed to let it in because the hcv was denied. I suppose my question is how long is the AMC going to wait before they let me know? I'm sure several of you fine people have been here before but I cant find a post for this.

Thanks Rob

[Rob53]

I think I'm just jumping the gun a little it's all there now just the way they like it. I used their own Dr's for the nexus letters so they both say it's hep c related the only thing is they didn't have the copies from 08 they stopped at 2005 as far as my liver went to rate my first claim. It has progressed way beyond what they first saw. I have to remember my patience.