Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
Read Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

My Appeals.

Rate this question


tagandbag

Question

  • HadIt.com Elder

Here is some of the reason for my appeal to the BVA and link to Rice vs Shinseki.

The RO failed to properly consider the Social Security Disability Determination that

found the veteran to be totally and permanently disabled due to my service connected

PTSD. The VA Diagnostic Code for Mental Disorders awards a rating of 100% for total

occupational and social impairment. The social security disability determination is

prima facia evidence of total occupational and social impairment. Furthermore, the

Regional Office failed to consider the inferred TDIU claim. The evidence of record

points to the fact that the veteran is not working due to his PTSD. The RO has failed

to consider TDIU as the Court has demanded it do, most recently in Rice v. Shinseki, as

part of the veteran's claim for an increased rating

Link: http://www.nvo.org/phpbb3/viewtopic.php?f=6&t=2275

Still hoping it wont go to the BVA, I should here something in the next few weeks I believe. Keeping my fingers crossed.

t&b

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Your claim is actually for Cirrhosis secondary to PTSD with alcoholism. You have to connect the dots. You are not dealing with rocket scientist.

Link to comment
Share on other sites

JSDW,

There are cases on VA website that grant alcoholism SECONDARY to PTSD. Many Vets with PTSD end up with alcoholism to wash the symptoms away even though is usually only makes the depression worse.

Most of the cases I searched were denied but here's two past awards.

http://www.va.gov/vetapp99/files1/9904655.txt

http://www.va.gov/vetapp96/files2/9610052.txt

Frank

Link to comment
Share on other sites

In other words it can be done with an IMO or IME.

Frank

I have decided to go with the attorney and he and I have already discussed IME as being needed to make the cirrhosis from alcoholism from ptsd linkage.

I just glanced at the two cases you cite and they are right on target. thanks again.

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