ptsd C&p Today

[Guest Ryan]

Hey all, had my second c&p today for an appeal from the original that this lady from india, who could hardly speak english did on me, and basically called me a liar, quoting me as saying I had a bunch of symptoms before deployment, that I hadn't.

I really got into it, a week ago with, another seemingly snotty dr. that was supposto do my exam for the appeal. It ended with a reappointment for today that I just got done with.

I made it clear to everyone that I'm not going to take on the character of being a scammer for benefits, that of which was what I was being made into from the original exam, and I verbally threatened to sue for defamation. Today the doc I saw had a pretty good head on his shoulders, and was able to articulate what I was saying about my symptoms. We shall see what the decision is though. I just don't trust any of 'em. You guys know what I mean.

I'm already servce connected, from the first exam, for combat related ptsd, to include anxiety and depression, but was given the shaft and got 10%.

SSD rubberstamped my claim almost a year and a half ago. 9 months after I stopped working without an exam. It's a good thing, or I'd been on the street.

How in the hell do they really expect people to deal with all this crap, and stay civil when a guys plate is already full from the very thing that he's there for? I've been on pins and needles for three days worrying about this, making sure that I kept every trick I could think of right out front in my mind just so I would keep a cool head. (rant over)

Once again I think it went pretty good today, but we'll see.

[carlie]

Ryan,

You can get a copy of your C&P and I suggest doing so,

that way you know exactly what the examiner states.

Good luck.

carlie

[Pete53]

I do not believe it is possible for someone to be 10% Ptsd

[WHOLESALE]

I agree because even with just the diagnosis of PTSD you would have to have the symptoms for the diagnosis which are grave in themselves. If you haven't yet get a copy of your medical records. If you have a good relationship with your shrink maybe he/she can print them out right there for ya. That's what I usually do to bypass the beaurocratic hogwash. I then highlight the documented symptoms and other things that would indicate the level of impairment according to the rating shedule.

If you haven't yet seen the rating shedule for PTSD you should take a look at it and see what rating you should qualify for with the symptoms in your file. It also doesn't hurt to ask for a SPECIFIC rating after you see what rating you should be at. Sometimes being specific with the VA helps.

Jay

I do not believe it is possible for someone to be 10% Ptsd

[carlie]

The Schedule allows SC at:

zero

10 %

30 %

50 %

70 %

100 %

[WHOLESALE]

That is correct but we were just confused how someone could be rated 10%. Seems anyone with PTSD would be worse off than 10% disabling.

Jay

The Schedule allows SC at:

zero

10 %

30 %

50 %

70 %

100 %

[carlie]

The PTSD, SC'd at zero throws me even more.

carlie

[WHOLESALE]

I haven't heard of anyone rated 0% for PTSD. Has anyone else?

Jay

The PTSD, SC'd at zero throws me even more.

carlie

[WHOLESALE]

That's a sad case. I wonder what he died from? I hope it wasn't PTSD. That would be really sad....

Jay

http://www.va.gov/vetapp09/files1/0901523.txt

Citation Nr: 0901523

Decision Date: 01/14/09

Archive Date: 01/22/09

DOCKET NO. 06-01 703 )

DATE

)

)

On appeal from the Department of Veterans Affairs Regional Office in Providence,

Rhode Island

THE ISSUES

1. Entitlement to an initial rating higher than 10 percent

for post-traumatic stress disorder (PTSD) from March 22, 1996

to August 5, 1996.

2. Entitlement to a rating higher than 30 percent for the

PTSD from August 6, 1996 to July 23, 2001.

3. Entitlement to a rating higher than 50 percent for the

PTSD from July 24, 2001 to April 14, 2003.

4. Entitlement to a rating higher than 70 percent for the

PTSD since April 15, 2003.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

D. M. Ames, Counsel

INTRODUCTION

The veteran had active military service from April 1967 to

April 1969.

This appeal to the Board of Veterans' Appeals (Board)

originated from a July 1997 rating decision of a Department

of Veterans Affairs (VA) Regional Office (RO), which granted

the veteran's claim for service connection for PTSD and

assigned an initial 0 percent (i.e., noncompensable) rating

retroactively effective from March 22, 1996, the date of

receipt of his most recent claim.

He appealed for a higher initial rating.

See Fenderson v. West, 12 Vet. App. 119

(1999). In decisions since issued during the pendency of his

appeal, the rating for his PTSD has been increased

incrementally in the "stages" indicated. Fenderson,

12 Vet. App. at 125-26.

In an October 2006 memorandum decision, the U.S. Court of

Appeals for Veterans Claims (Court) set aside and remanded

portions of the Board's September 2004 decision for further

development.

FINDING OF FACT

The veteran died before the Board could issue another

decision in this appeal.

CONCLUSION OF LAW

Because of his death, the Board has no jurisdiction to

adjudicate the merits of his claims. 38 U.S.C.A. § 7104(a)

(West 2002); 38 C.F.R. § 20.1302 (2008).

REASONS AND BASES FOR FINDING AND CONCLUSION

Unfortunately, the veteran died during the pendency of this

appeal. As a matter of law, appellants' claims do not

survive their deaths. Zevalkink v. Brown, 102 F.3d 1236,

1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330,

333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994).

This appeal on the merits has become moot by virtue of the

veteran's death and, therefore, must be dismissed for lack of

jurisdiction. See 38 U.S.C.A. § 7104(a) (West 2002); 38

C.F.R. § 20.1302 (2008).

In reaching this determination, the Board intimates no

opinion as to the merits of this appeal or to any derivative

claim brought by a survivor of the veteran. 38 C.F.R.

§ 20.1106 (2008).

ORDER

The appeal is dismissed.

KEITH W. ALLEN

Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs

[Guest Ryan]

Hey from the VA's point of view, the problem is solved now that he's in the box right. B)

[Wings]

x

x

x

Was your Appeal based on the argument that your PTSD symptoms on record showed a higher rating the assignment of 10% in the initial Decision? Seems to me, they are handling it as a new claim for a higher rating? Have you also filed for a higher rating, or have you simply kept your initial rating decision in appellate status? ~Wings

[Guest Ryan]

Was your Appeal based on the argument that your PTSD symptoms on record showed a higher rating the assignment of 10% in the initial Decision? Seems to me, they are handling it as a new claim for a higher rating? Have you also filed for a higher rating, or have you simply kept your initial rating decision in appellate status? ~Wings

That's correct, and the C&P from yesterday was very specific towards that. If the decision comes back in my favor, I should get retro pay back to the original file date right?

I have a copy of my first C&P and that's how I know what kind of malarchy this examiner from india put in it. Was a lot of doubletalk, and some outright false satements of quoting me, that I had pointed out to the DRO in my hearing in march.

I do need to get a copy of my c-file, but the guy from the American Legion said to wait on a decision since putting in an ROI for it, or filing another claim for secondary to an unrelated service connected issue, would delay the decision on the appeal.

[Wings]

That's correct, and the C&P from yesterday was very specific towards that.

Unless you never got a C&P in the first instance, I don't understand why they want another one now ... Your Claims-File with your Appeal should be enough for them to be able to call error on themselves, and grant your Appeal if all the evidence on record points to a higher rating than the one that was granted (10%). BUT we all know how the VA likes to admit they were wrong about something (not)!!

If the decision comes back in my favor, I should get retro pay back to the original file date right?

That's right.

I have a copy of my first C&P and that's how I know what kind of malarchy this examiner from india put in it. Was a lot of doubletalk, and some outright false satements of quoting me, that I had pointed out to the DRO in my hearing in march.

Do you mean to say that the most recent C&P was less favorable than the one the RO cited to grant your service-connection? Did you get a copy of all your C&P's???

I do need to get a copy of my c-file, but the guy from the American Legion said to wait on a decision since putting in an ROI for it, or filing another claim for secondary to an unrelated service connected issue, would delay the decision on the appeal.

Freedom of Information Act (FOIA). Better wait until they make a decision. However, you can requuest your C&P and VA medical files from the VAMC directly; that's won't disrupt the claims process at the RO. HANG IN THERE!!! ~Wings

[Guest Ryan]

Do you mean to say that the most recent C&P was less favorable than the one the RO cited to grant your service-connection?

Nope, just the opposite in that in my original exam, of which I was granted 10% SC and done by the lady from India, is the one I got hosed on. My first appeal exam was not quite as big of a joke but heading in that direction, so she stopped and had me see another examiner about a week later. The last one seemed to go good, but we'll see.

I always carry my own little jar of vaseline when ever dealing with the benefits department at any VA now. Why prolong the inevitable right? :D

[john999]

The VA said I had schizophrenia and rated me 10%. This was in 1973. Can you imagine that? People with schizophrenia tended to be institutionalized at that time. They did not work, and spent their lives in and out of mental hospitals. I guess I was a special person who could overcome all that on my 28$ a month from the VA. I was hospitalized four times in and out of the military before I got the rating. Not only could I not work, but for a while I could not go outside.....10%.

[Guest Ryan]

Well I got my copy of my exam results, and It is finally accurate. This should make the dro's decision pretty favorable towards me.

I got a combined GAF score of 48.

He clearly put down suggestions that the original examiner had given that my PTSD symptoms had been solved by meds, and that the relation of these symptoms are a result of anything else would be nothing but speculation. (His words)

I am happy the truth is finally coming out. I was really getting rageful for a while so I quit posting for a little bit.

Should the dro be a dumba$$, and lowball me again, this will provide some pretty hardcore firepower for a formal appeal.

Now more of the waiting game. My retro goes to dec. 07.

[carlie]

Ryan,

Sounds good.

I noticed you are currently 30 % SC'd.

If you have dependents - are you getting comp $ for them also?

carlie

[Pete53]

Ryan

Looks like the planets are lining up for you. Good Luck

[Guest Ryan]

Carlie, they live in san diego with the Ex. I pay child support, and am not getting comped for them.

Which our divorce is a result of not being able to live with me, and I can understand why. But the Va doesn't seem to understand this.

That's the thing about ptsd, is that it takes over your whole life, and just spins it on a big wheel of misfortune over, and over again. So it's no wonder why when someone is broken down to nothing, then gets insulted by certain people, who are supposto be the ones to help, that it results in that person losing it, and inturn goes postal. I however, internalize everything, and that's why I get so physically sick when around stimuli, but have come really close to the other.

I argued with a guy from the american legion about putting in for secondaries resulting from my ptsd. (Like acid reflux, High BP, muscle cramps/spasms, insomnia, and so on. He used an example of having an ear problem, then having cardio problems, and telling the VA they are related. I politely educated him on the fact that ears don't have much to do with a person's heart as given in his example, contrary to what I was taking about. Either he was another burnout that just thinks he's talking to an idiot, or he just doesn't care. BTW he's a retired Lt. Col.

I'm still getting charged co-pays for the meds prescribed for these conditions since the VA seems to play stuid on what these are from. The pharmacy said I have to take it up with my pcp, my pcp said I have to take it up with Benefits. Benefits said I have to take it up with my pcp. etc. No kidding!

How is it that someone completely overwhelmed by what ales them, fight these supposedly edumacated professionals?

My estimation, based on my experience of interaction with VA staff, of those who do what's good for the veteran, and those who don't, is about 1(good) to 3(bad).

[sharon]

Have you filled out a VA 21-686c to add your dependents. Your children do not have to live with you for you to receive the additional amount for a dependent.

[carlie]

Ryan,

I would for sure add the kids to my VA Disability Comp.

It can be part of the support you send for their needs.

Here are the rate tables.

http://www.vba.va.gov/bln/21/rates/comp01.htm

Here's the form Sharon posted to add them to your compensation.

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

Hope this helps a vet.

carlie