ptsd Cavc - A 50% Disability Rating For Ptsd

[carlie]

CAVC - THOMAS P. CHOTTA, APPELLANT

Decided March 11, 2008

A 50% disability rating for PTSD effective from September 1947

http://www.uscourts.cavc.gov/documents/Chotta_05-3204.pdf

[vperl]

CAVC - THOMAS P. CHOTTA, APPELLANT

Decided March 11, 2008

A 50% disability rating for PTSD effective from September 1947

http://www.uscourts.cavc.gov/documents/Chotta_05-3204.pdf

*************

"remand" is ?

REMAND

When an appellate court sends an appealed case back to the trial court for further action, the case is said to be remanded. This usually happens if the trial judge has made an error which requires a new trial or hearing. For example, assume that a trial court refuses to allow a party to introduce certain evidence (believing it to be inadmissible under the hearsay rule). If the appellate court decides that the evidence should have been admitted and that the exclusion of the evidence was prejudicial to the party offering it, the appellate court would likely remand the case for new trial and order the evidence introduced

Guess that means another hearing ? will the Vet survive ?

[carlie]

Vperl,

As stated,

"In May 2001, the only issue on appeal before the Board was the assertion of CUE with

respect to the 1946 and 1947 decisions, and the Board determined there was no CUE. R. at 354-60.

On appeal to this Court in March 2003, the parties agreed to a joint motion to terminate the appeal

and stipulated that the Secretary would grant service connection for PTSD, effective from

September 27, 1947. R. at 374-80. The parties also agreed that the appropriate disability rating

would be determined by the agency of original jurisdiction subject to the right of appeal, and the

Court granted the parties' motion. R. at 378, 382.

In assigning the disability rating for the appellant's PTSD condition in June 2003, the RO

considered that the appellant was hospitalized at a VA facility on September 19, 1947, for an

"anxiety reaction." R. at 390.

The RO noted that the claims folder was devoid of any medical

evidence related to the claimed anxiety until 1997. Id. The RO stated that it could not, at that point

in time, reconstruct valid evaluations between 1947 and 1997. Id. The RO granted a 50% disability

rating for PTSD effective from September 1947 until January 1999, and a 70% disability rating from

January 20, 1999. R. at 400.

After the appellant filed an NOD with the RO's June 2003 rating decision, VA issued a

Statement of the Case (SOC), explaining why the appellant was not entitled to an evaluation greater

than 50% between 1947 and 1999.

(Blah Blah etc...)

REMANDED for adjudication consistent with this opinion"

The remand is only to see if he's entitled to a higher percentage.

carlie

Edited March 1, 2010 by carlie

[Vync]

Wow, that Veteran has been caught up in bureaucratic red tape for quite a long time

[john999]

The vet's records are lost so the VA says they can't make a correct determination of his ptsd rate. If he has any records of combat from WWII why should he not get benefit of doubt? I bet thousands of older vets have died while the VA played these games.

[vperl]

The vet's records are lost so the VA says they can't make a correct determination of his ptsd rate. If he has any records of combat from WWII why should he not get benefit of doubt? I bet thousands of older vets have died while the VA played these games.

******************************

gee, I am so surprised they dragged their feet, and let tens of thousands of WW11 guys die off, who'd thunk that?

I gunna screw them, I plan not to die.....ever...

[gp747]

******************************

gee, I am so surprised they dragged their feet, and let tens of thousands of WW11 guys die off, who'd thunk that?

I gunna screw them, I plan not to die.....ever...

wow! i was born in 1947, good luck !!!!!