HadIt.com Elder tagandbag Posted July 24, 2009 HadIt.com Elder Share Posted July 24, 2009 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 More sharing options...
sharon Posted July 26, 2009 Share Posted July 26, 2009 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 More sharing options...
WHOLESALE Posted July 26, 2009 Share Posted July 26, 2009 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 More sharing options...
WHOLESALE Posted July 26, 2009 Share Posted July 26, 2009 In other words it can be done with an IMO or IME. Frank Link to comment Share on other sites More sharing options...
jsdwd Posted July 27, 2009 Share Posted July 27, 2009 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 More sharing options...
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tagandbag
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
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