ptsd Asking For P&t, File A Nod, Or A New Claim?

[10thFO]

I had a decision rated earlier this year on a re-eval for PTSD, stating that my rating hadn't changed. Last year I mean. Should I file a NOD stating that I think they should have rated P&T, I have new evidence from the PTSD group program I went through as well as my SSDI that I don't believe they have looked at in making my last rating when they gave me TDIU. This last re-eval was just off of the original PTSD rating. Or do I need to file a new claim form asking for P&T with the new evidence. Also what is the form number for SSOC.

Sorry to ask this, but I have spent a good portion of the afternoon trying to locate these forms and info, but can't find them in the pages of forums and history.

Thanks.

[jerrbilly]

Yes you should go ahead and file for P&T as soon as you can. As far as I know the SSOC is something the VA does so there's no form for this. You should have a SSOC from the last decision on why they didn't grant P&T.

File for P&T and send in the new evidence with the NOD (form 9). You have one year so do it now.

form 9

http://www4.va.gov/vaforms/va/pdf/VA9.pdf

Jerr

I had a decision rated earlier this year on a re-eval for PTSD, stating that my rating hadn't changed. Last year I mean. Should I file a NOD stating that I think they should have rated P&T, I have new evidence from the PTSD group program I went through as well as my SSDI that I don't believe they have looked at in making my last rating when they gave me TDIU. This last re-eval was just off of the original PTSD rating. Or do I need to file a new claim form asking for P&T with the new evidence. Also what is the form number for SSOC.

Sorry to ask this, but I have spent a good portion of the afternoon trying to locate these forms and info, but can't find them in the pages of forums and history.

Thanks.

[john999]

If time limits have not come and gone then I would file a NOD for the Chapter 35 benefit denial. That is what I did when I got TDIU but was denied Chapter 35. I was on SSD and I also got a doctor to write a report saying why the VA was wrong in saying I might improve. You should have medical evidence that says your condition is permanent and will not improve. This way the Chapter 35 bennies will be retro to your TDIU grant.

[10thFO]

The date is to late for a NOD/DRO on the original TDIU, as I have had that for over 2 years, but this was a "re-evaluation " C&P that I had for the PTSD last year, and they sent me a notice that my status had not changed and that my rating was the same. I can just De Novo that ruling can't I and include the other SS info, along with the PTSD 6 week program diagnosis notes, plus at that time, my SS lawyer had the Dr.'s in my 6 wk program fill out a very specific detailed questionnaire as to whether or not I could do numerous tasks or such, and three of them all agreed that their was no way I was employable and w/o pulling that paperwork tonight, I'm pretty sure it said there was no improvement to be expected. That form alone got me the SS appeal w/o having to go in front of the judge on my appeal.

I don't want to file the Form 9 if I don't have to, as I know that will take years upon years to get approved. I'm more worried about my health now, and trying to get my status to P&T as soon as possible. am 40 now, and know the age will be a factor, but if I have to wait until i'm 60 for the 20 year rule, family history suggests that might be around the time I might die, from a Heart Attack. Don't want to leave my wife in a lurch, and with the PTSD meds, I'm not able to afford life insurance of any kind. premium is 140% above what it would be for a normal "term" policy.

[john999]

I think you should just send in a letter asking for P&T status. Send in some evidence that you are permanently disabled. You are making a claim for benefits, so it is really a new claim. Point to the fact that your condition has not changed in two years.

[10thFO]

Thanks John I will do that. And actually, when I first NOD'd I got the 70% and TDIU back to Nov. 2004, so luckily I'm over 5 years now. Appreciate the help from both of you.