ptsd Anyone Had This Problem Before?

[Joe01]

:D

Hi: I'm a oif veteran. I just got my rating decision letter for my first claim in august 2009. I was rated 30% for PTSD, 10% for lumbar spine strain, 10% cervical spine strain and 10% for varicocele. My question is: can I ask for another c&p exam instead of appealing my PTSD claim? Since my c&p exam on feb 2009 I've been going down hill because of my PTSD. Increase in anxiety, panic, anger and haven't been working for the last 3 months due to my sc disabiliies, ie:neck and back pain. If not what are my options. I'm new in this and my memory is not good at all so please bear with me. I'm also a Purple heart recipient, don't know if that mathers. Any advice on what I can do.

Also on my claim it states that "a higher evaluation of 50% is not warranted unless there is reduce reliability and productivity due to such symptoms as: panic attacks more than once a week". Then somewhere in the next paragraph states that my records of the Va hospital I go to contain information about my panic attacks "reported as ocurring on average 3 to 4 times per week. Did they miss that part and granted me 30% instead of 50%? panic attack 3 to 4 times a week are also mention by my mental health dr on my Va records? Any help with this one too please!!!

 

[jerrbilly]

A request for reconsideration is nothing more than a new claim filed with new evidence. You must have new evidence as old evidence cannot be looked at again unless the claim is reopened with new evidence or it is an appellate review. Also, this new evidence may or may not be reviewed by the same person who did the first decision. It all depends on how work is assigned at that Regional Office.

He has one year to file an NOD. The problem here is he has to submit new evidence for a reconsideration. From reading his posts it sounds like the VA has in their possession all the evidence already that should warrant the next higher rating.

In other words, just submitting a reconsideration request without new evidence will just get shot down when he could have already started the appeals process. A reconsideration has nothing to do with appeals. It's a separate issue and considered a new claim, hence new evidence needed.

Jerr

Jerr

If a vet gets a rating decision he/she can ask for a reconsideration, or do a NOD. If the VA corrected themselves in your case in a month you must have asked them to reconsider their decision in so many words. There are only so many ways to deal with a rating decision. The VA does not just self-correct on their own unless they call a CUE on themselves. Joe could ask the VA to reconsider their decision, but he needs to be very sure they know he is asking for a reconsideration and not a NOD. While all this is happening the NOD clock is ticking.

Edited January 27, 2010 by jerrbilly

[carlie]

Also on my claim it states that "a higher evaluation of 50% is not warranted unless there is reduce reliability and productivity due to such symptoms as: panic attacks more than once a week". Then somewhere in the next paragraph states that my records of the Va hospital I go to contain information about my panic attacks "reported as ocurring on average 3 to 4 times per week. Did they miss that part and granted me 30% instead of 50%? panic attack 3 to 4 times a week are also mention by my mental health dr on my Va records? Any help with this one too please!!!

 

Joe,

I too would be considering a request for reconsideration, especially if I were going to go and get an IMO from a private doctor.

What's important is the Sections of the Rating Decision that are listed

as EVIDENCE and the REASONS AND BASES.

Look in EVIDENCE section to see if the evidence you mentioned below

is listed as evidence

"my records of the Va hospital I go to contain information about my panic attacks "reported as ocurring on average 3 to 4 times per week"

Can you scan and/or post the exact REASONS and BASES Section of your

Rating Decision - make sure you don't post it with your personal

info like SSA # - address - name - etc...

jmho,

carlie

[jerrbilly]

If one sends in "new" evidence within the one year appeals period and request a "reconsideration" of VA's prior decision, they better be 100% certain it will change VA's prior decision; If VA accepts it as a "Reconsideration" (which as stated before is a "Re-opened" claim), they must follow the rules and regulations for a reopened claim and render a formal decision unless one withdraw the claim prior to a decision being made. If they do render a formal decision they must notify you of this decision which means that they cannot then turn around and accept the request to reopen as a Notice of Disagreement because it is dated and received prior to the latest decision on this issue. The NOD must be received AFTER you have been notified of the latest decision on that claim. Reopened claims and NODs are not worked by the same people nor by the same administrative procedures. If one requests a "reconsideration" with the one year appeals period and then file a NOD before the one year elapses because VA hasn't made a decision on the "new" evidence, then one is asking that VA go through all the administrative procedures for a "reopened" claim up to and including a review by a Rating Specialist and then if the claim cannot be granted to just stop without a formal decision and send it back out to start reprocessing as an NOD. This would create an Administrative nightmare and simply cannot be done.

This is nice we've created a learning atmosphere here.

Edited January 27, 2010 by jerrbilly

[carlie]

If one sends in "new" evidence within the one year appeals period and request a "reconsideration" of VA's prior decision, they better be 100% certain it will change VA's prior decision; If VA accepts it as a "Reconsideration" (which as stated before is a "Re-opened" claim), they must follow the rules and regulations for a reopened claim and render a formal decision unless one withdraw the claim prior to a decision being made. If they do render a formal decision they must notify you of this decision which means that they cannot then turn around and accept the request to reopen as a Notice of Disagreement because it is dated and received prior to the latest decision on this issue. The NOD must be received AFTER you have been notified of the latest decision on that claim. Reopened claims and NODs are not worked by the same people nor by the same administrative procedures. If one requests a "reconsideration" with the one year appeals period and then file a NOD before the one year elapses because VA hasn't made a decision on the "new" evidence, then one is asking that VA go through all the administrative procedures for a "reopened" claim up to and including a review by a Rating Specialist and then if the claim cannot be granted to just stop without a formal decision and send it back out to start reprocessing as an NOD. This would create an Administrative nightmare and simply cannot be done.

This is nice we've created a learning atmosphere here.

jerr,

I feel sure that both Vike17 and Cruiser are due the credit of writing

everything you posted above.

It is a general principal and consideration to put such posts in quotations,

especislly when it is a word for word copy and paste job.

carlie

[Joe01]

You know what guys, I really appreciate all the support. It really feels good knowing that there's people out there that still care about others. I'm learning a lot from this post and this website period. Hopefully I can help others the same way in the future.

And the evidence for my rating is in the post. I wish I ha a scanner to post the paperwork but I don't. On the desicion letter the RO states and quote " panic attacks are reported as ocurring on average three to four times per week. Then on my mental health Va records states and quote "he reports having panic attacks quite frequently and bad ones abou 3-4 a week". Then and I think the most important and overlook is the proof from when I did my c&p exam. This is from my c&p and quote " his medical records indicated that he is prescribed alprozalam specifically for panic attacks. He reports having an average of 3-4 panic attacks per week. He reported that the medical is helpful to him but he continues to experience panic attacks".

Also, don't know if is relevant or not but when I had the c&p at the time I was working but did mention my concerns and PTSD symptoms while at work.

[jerrbilly]

Yeah, i've learned a lot from them and come on now have you never been guilty of this? "He who never sin cast the first stone" right?

I don't consider it a sin anyway since it's "factual" not "opinionated"

Yeah, you're probably right though. I should have done a little credit worthiness. I bet they are very proud though someone respects them enough to aknowledge their knowledge. Wow, that's deeeeeeeep

:)

jerr,

I feel sure that both Vike17 and Cruiser are due the credit of writing

everything you posted above.

It is a general principal and consideration to put such posts in quotations,

especislly when it is a word for word copy and paste job.

carlie