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emptyshell

Ptsd Was Granted By Bva Decision But...?

Question

I have a primary lumbar condition at 30%. I received a 30% secondary to my lumbar condition for pain/mood disorder...actually comes out to a 50% rating due to their "fuzzy math"

Now just recently BVA granted me PTSD. PTSD was given for assault while in the military. Can you get rated for 2 separate mental disorders?

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They should combine the two and provide the highest rating possible

due to the medical evidence of record.

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Perhaps they screwed up and it should be 30% for the pain condition...and maybe the mood was checked over and they determined you really had PTSD which was more prevalent...so what did the PTSD amount show? What are the dates granted for each one too? When you initially applied what claims did you present with?

Did you recently have an exam for ptsd?

Pain/mood may have been overlooked for basically pain related to your back condition and therefor one gave a separate % for the ptsd and not as a mood secondary award.:blink:

SORRY I misread...It was BVA who deemed your ptsd was justified rather than a pain/mood secondary disorder it appears. You must have either put in for ptsd, had a diagnosis somewhere for it or your records validated you have this...So what rating did they give you for the ptsd as a separate claim?

30% back 30% pain and now ?ptsd?

Edited by halos2

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Thanks you guys for your input...

I was initially claiming a higher rating on my back which at the time was 20%. I also filed about 16 years ago for PTSD primary

Both were in remand for a long time. About 2 years ago I received a PTSD C&P exam and an Lumbar C&P exam. The RO first came back and gave me an additional 10% on the lumbar issue which raised my rating to a total of 30%.

Then months later, the RO came back and gave me a 30% rating for pain /mood disorder on my back problems, saying that is why I am having mental issues. But I had PTSD on remand and that is what I was going for as a primary due to another total occurance that happened in the military. They completely blew that occurance off in the statement of the case and stated that they denied me for the PTSD.

Then it was sent to BVA a month later....they just came back and the order just states that PTSD is granted. They did not give me a rating amount. But they did grant the PTSD for the other occurance that the RO totally blew off.

This is where it get complicated.....they remanded the pain/mood disorder back to RO because as soon as I got that statement of the case, I filed an NOD back to RO on both my lumbar issue because they didn't follow a previous remand order from BVA. I also stated I disagreed with the pain/mood disorder rating issue. Well when I found out that they blew off my NOD statement, I sent additional info to BVA. They state that the RO should have taken my NOD in consideration since I did have it sent to them in time alloted time frame.

So can they just come back and say, Well, instead of giving you pain/mood disorder we are changing it to PTSD and leave it like that. What I don't understand is that PTSD is granted as a primaryon one issue and the pain/mood disorder is granted as a secondary on another issue........what the..........this is a mess!!

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Seems like the pain should be a separate claim...if they linked it to pain/mood then realized you had definite information/valid claim for ptsd it should be open for that...so they deemed you an increase on your back, and an award for ptsd, but have neglected to do anything regarding your pain, is that what you are stating, right? I guess when you receive your letter it will explain how and why they disallowed the pain claim.

Have you tried to call the 1-800-827-1000 number and request a fax which they have on your claim? They will not tell you any amounts or granting's but will fax to you any ratings and whatever is available on their screen.

Also when calling that number put in your claim number and see if the automated system has a change in your rate...the system just states as on Nov 1, 2010 an amount of (whatever sent) was deposited to your account, that way you can also see if a different deposit amount was put in your account, it never tells a retro amount though.

Have you checked with your vso they usually get the claim to them first and notify you of award and if you want to accept it and if you want to proceed with your claims.

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Yeah they linked my Phychological disorder to to my back condition. I had an open claim for PTSD for years. My most recent C&P exam finally gave me testing for the PTSD. All other previous exams they kept excluding that part of the exam. So when it would go in front of BVA they would always remand the issue back to the ROdue to not affording me the PTSD C&P exam part of it.. So this last exam they did test me and the examiner stated I had PTSD, pain/mood disorder as well. So what RO did was completely ignore the PTSD and give me a rating of 30% for pain/mood disorder.

I have PTSD due to an unrelated occurance other than my back that happened while I was in the service. In the statement of the case the RO basically said I had no proof of the occurance and could not substantiate my claim for PTSD.

Then they state..well you do have pysch. issues so we will allow you the 30% on just the back lumbar pain. I filed an NOD saying that I disagree with the denial of PTSD because I did have enough proof of the occurance and also requested a higher rating to my pain/ mood disorder due to their own criteria ratings. I also threw in a disagreement on only getting a extra 10% rating on my Lumbar compression fractures due to them not following BVA previous decision to afford me a Neurologist and an Orthopedic Surgeon. Thats when the RO toally ignored my NOD and sent it for final view of BVA. I sent all my evidence to back up my claim for PTSD directly to BVA Court. Well they must have got it because they granted me PTSD for that occurance that RO said I didn't have enough evidence. I sent the BVA letters from my Company Commander, Chaplin, Battlelion Commander, counselors and BVA stated I did have the evidence to proof of the occurance and they granted me PTSD. They also granted me Radicupolthy 10%. But they remanded my pain/mood disorder back to the RO. I believe because I stated in the NOD that I requested a higher rating due to VA criteria.

BVA did not remand the lumbar compression fracture issue. For years BVA had placed this issue in Remand and vacated back to 1994 and stated you need to send him to a Neurlogist and Orthopedic Surgeon(RO has never let me have one) I requested in a letter of reconsideration to BVA this last time it came to them to remand and vacate my back lumbar issue due to the RO not doing what their own BVA demand was. But BVA completely just ignored their own demand from all other past decsions and granted me the 10% which I believe is higher than that rating. I think they just want to end this issue due to it going back to 1994. I guess I have to appeal this issue to BVA.

I guess the Radicupulthy will be a secondary to my lumbar compression fractures. I do not know if they take that back to 1994 or not. I quess they have to due to being an issue on my back.

I wish I knew the VA laws. I just feel lost and overwelmed....I have been fighting so long and it just have to keep living a nightmare over and over and the stress is just to the point that I feel like I am going to explode!!!!!

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