ptsd Claim Appeals

[scout1069]

I currently have 2 appeals going on. 1st appeal Dec 2009- Initial rating was for 70% PTSD, 20% cervical spine, 20% lumbar fracture L1 L2. So 80% combined on that one. VSO requested De Novo review.

2nd appeal was for TDIU which was filed Dec 2009 and was denied Aug 2010, appealed that one Nov 2010. VSO requested De Novo review.

My question is, will having 2 appeals in for De Novo review take longer since they are basically both for an increase in rating, but 1 is TDIU and the other was just appealing their original decision?

[pacmanx1]

This is just my opinion but I think VA will try to combine these claims

[scout1069]

So do you think this will confuse them and hold it up at all?

This is just my opinion but I think VA will try to combine these claims

[pacmanx1]

The DRO can award your claim for increase or grant your claim for TDIU or the DRO could ignore the evidence and continue to deny your claims and let your claims go to the BVA. Unfortunately it is up to the DRO for right now.

[john999]

Scout

Have you applied for SSDI or any other disability benefit? If granted SSDI that is good proof you are unable to work. The VA denied my IU claim when I had 70%. I had to get IMO's to have it granted. Meanwhile I got SSDI and disability retirement from my federal job. They could not deny I was unemployable, but the reason I was unemployable they did argue.

[scout1069]

Yeah I applied for SSDI and got denied, so I am reapplying using the Voc Rehab denial letters and some other evidence in my VA records. I was also medically retired from the Army for combat related PTSD at 50%, currently 80% combined with VA- 70% PTSD, 20% cervical spine, 20% lumbar fracture. So does being medically retired from the Army give me a better shot? Can I submit that to SSDI?

Scout

Have you applied for SSDI or any other disability benefit? If granted SSDI that is good proof you are unable to work. The VA denied my IU claim when I had 70%. I had to get IMO's to have it granted. Meanwhile I got SSDI and disability retirement from my federal job. They could not deny I was unemployable, but the reason I was unemployable they did argue.

[Notorious Kelly]

Scout,

Yes, any medical evidence stating inability to work can help with SSDI.

One thing I've heard is that if you keep submitting evidence, your claim takes longer cuz it kicks back around in the process.

So- if you have a strong case, ya might hold off on submitting more evidence.

I wish you well!