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Received 100% Sc I Think?

dlc1985

Asked by dlc1985,

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dlc1985 Apprentice

dlc1985

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Ok to be as brief as possible, I have been SC since 1986 when I fell 50 feet in a training accident. Medical discharge from Army at 40%. Fought long and hard for increases (mainly for pain) throughout the years when in October of 2008 I was diagnosed with PTSD from a VA hospital/Social worker, etc. In the mail today, I received my "Decision" from my C&P exam which was for the PTSD (March 12, 2009). Here is what it states…. SC for Posttraumatic stress disorder is granted with an evaluation of 50 percent effective June 8, 2007. An evaluation of 100 percent is assigned from March 12, 2009. It goes further, with reasons then in the last paragraph it states "We have assigned a 100% evaluation effective the date the evidence shows increase, VA exam dated 3-12-2009. Since there is a likelihood of improvement, the assigned evaluation is not considered permanent and is subject to a future review examination. So question 1: Am I considered 100% SC veteran now and can they take it away?

Here is question 2: I currently have appeals in place which are mainly listed as secondary issues due to the SC Back 20% and Ankle 20%? Today I also received a letter asking if I wanted to keep the appeal in place, and if I did I could submit more evidence. I also received two phone calls (they left messages) asking if I still needed the copies of the records I had requested. (since being on this site I learned to request copies) thanks so much. I would appreciate any advise as now it appears I will be getting 100% but not sure I am still in a war???????????

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Pete53 Grand Master

Pete53

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This is weird but the truth is your 100% is better protected than my 100% P&T.

I agree with Larry you need to keep up the fight.

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Rockhound Mentor

Rockhound

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There is only one big problem I see here. Any time you reopen your claim for what ever reason, it opens the door for the VA to take a look at all your issues, including your 100% PTSD award. I'm not saying not to open new claims, just be aware that it opens the door to all your claimed issues.

I myself have a claim in for secondary issues to a SC one. They have scheduled me for a C&P for these so they can have current information on them and their severity, but they can also at that time evaluate my current SC issue to see if it had remained the same, increased, even though I cannot get a higher percentage per the 38 CFR schedule, and they can also check it for a decrease in sevarity.

I imagine if they wanted to, they could schedule you for a seperate C&P exam for your PTSD to evaluate it's current severity, but if they try to reduce it, don't accept their decision, since one exam can not be used for mental disorders to reduce because they are known to have periods of reduced syptoms, but then return to their previous severity. The VA has to follow a specific guideline when they try to reduce someones percentage award. make sure they follow it to the letter and even if they do, fight it tooth and nail.

Rockhound Rider :D

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