Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

C&p Today

Rate this question


Guest Ryan

Question

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.

Link to comment
Share on other sites

  • Answers 35
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

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

Link to comment
Share on other sites

  • HadIt.com Elder

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

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

  • HadIt.com Elder
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

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use