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Ptsd Claim & Tdiu Question

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Roly

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Couple of questions, please excuse me if I use wrong terms.

Background: I was granted 30% for PTSD in 2008 , added to 10% tinnitus; and wrote a NOD to put the effective date back to where I started the process, and objected to the 30% as insufficient. I wrote in the NOD that the private C&P exam psychologist they hired was a dismissive and rude jerk, and further requested that if a new C&P exam was called for that they not send me to that individual. The effective date was put back to 6/2006, which I accepted. Before my year to assemble stuff was up, however, they wrote a denial for the 30% disagreement. I had just sent in supportive letters from my wife, my only long time friend, and the counselor I had been sent to by the local Vet Center, for a year, but they had not been reviewed before the denial was sent to me. Then I sent in a form 9 requesting a BVA review. I have been waiting for this to be scheduled, expecting a circuit BVA hearing in Seattle.

So, yesterday I received a letter from Seattle Regional DRO saying that a private medical entity has been instructed to give me a new C&P exam, and that they hope to resolve my appeal in a fair and timely manner. This is not what I have been expecting. In fact so much time has passed waiting for anything from them that I started to feel that my chances of anything positive were shrinking. Is the new C&P exam to be seen as a good thing, like I suspect? Have they short circuited the BVA hearing?

Also, I have not seen anything in the TDIU information about age of the Vet. As I am 62, and retired from middling Civil Service. I got out of there at the first instant I could qualify, due to stress and anxiety, but did make it to minimum retirement. I would think that I could not go for TDIU since I did work for 30 years (including military time) until I could stand the BS no longer.

Thanks Roly

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Any time the RO takes ANY action on a claim by themselves and not ordered by the BVA it is because the RO wanted it. Another way to know is if your claim has not been certified to the BVA then ALL action on it is still based by the RO.

Case in point a veteran files a claim and gets denied by the RO the veteran then files for either a reconsideration or a NOD. The claim is still being handled by the RO, when the veteran files a form 9 to have the claim appealed to the BVA the RO STILL has to either certify the claim to BVA OR order additional testing or C&P in an effort to keep the claim at the RO and grant it for the veteran.

If the new evidence or the C&P as in this case still does not justify a higher rating the veteran will be notified and the claim is closer to going to the BVA.

Hope this helps you understand a little bit better. To me in your case it looks like the RO IS trying to see your way!! Good Luck!

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