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?

[deanbrt]

It may just be carelessness but it hurts us badly.....

]

"The paranoid in me starts to think that the supporting evidence in my case is so substantial now that my legal council only makes more income as the review drags on while I despair financially and emotionally.."

That isnt paranoia -you are correct that the longer a case takes, the bigger the retro and then a larger attorney fee.

But VA controls the wait, not lawyers-at least I hope they don't. That would seem to be unethical for any lawyer to deliberately stall a good claim.

[Berta]

You raised an important issue here that always gets me steamed up-

SSA records can often be the most important evidence for an award.

VA's failure to obtain them -as in your case, would warrant a CAVC remand or a BVA remand and in my opinion to should warrant sanctions on any VA rater who failed to obtain them.

I already rattled off here many times how the VA deliberately lied to my Senators and COngressman-telling them the SSA refused to release my husband's SSA records to them.

I called Baltimore SSA main office and stayed on the phone until I got some results.

The truth was ,per SSA, that VA had failed to even request these important records.Of course they did. It was cheaper to pay me Rod's accrued PTSD award 3 years after he died, then properly compensate him in his lifetime.

I even got a letter from his VA shrink , as the VA had failed to consider his extensive psychiatric records, and the shrink put into the letter that I also had showed him proof of Rod's SSA aware for PTSD.

This crap is deliberate on VA's part when a SSA award is solely for a SC condition.

If you feel any lawyer is deliberately stringing out your claim (and I would hope that is not ever true)

you could consider filing a Writ of Mandamus with the CAVC and ask them to order the VA to consider your evidence properly and get off sitting on their thumbs.(or words to that effect)

But writs nly work if you have ecxhauseted all legal remedy first.

Most of these vets lawyers are waiting for VA to award just like the vet is.

If a Lawyer consciously failed to ensure the VA had SSA records, that is something else however-

I felt I had a preponderance of evidence for my last claim.

However there were days I would look over my evidence and have some doubts.

I would say to myself does this all make any sense or am I nuts.

It made sense and I got my award.

[deanbrt]

"If a Lawyer consciously failed to ensure the VA had SSA records, that is something else however-"

That is one of the things bothering me. The law firm got a remand from CAVC because the SSA records had not been obtained and then waived the need to get them at BVA. The law judge then remanded it back to regional because the records had not been obtained. . I have been told it may go back to BVA but not higher because the evidence is clear and credible and the benefit of the doubt goes to the veteran?. There were two IMOs already and the law firm paid for a third and submitted it in the late fall. But all of this time has really hurt us emotionally and financially. And the longer it goes, the more benefit they receive and the deeper the hole we are in....

"Most of these vets lawyers are waiting for VA to award just like the vet is."

That is how it looks to me right now. I get the feeling they call periodically and ask " Anything new?" . When they hear "No" they go "OK". Click......

I see no sense of urgency on my behalf at this point.]

You raised an important issue here that always gets me steamed up-

SSA records can often be the most important evidence for an award.

VA's failure to obtain them -as in your case, would warrant a CAVC remand or a BVA remand and in my opinion to should warrant sanctions on any VA rater who failed to obtain them.

I already rattled off here many times how the VA deliberately lied to my Senators and COngressman-telling them the SSA refused to release my husband's SSA records to them.

I called Baltimore SSA main office and stayed on the phone until I got some results.

The truth was ,per SSA, that VA had failed to even request these important records.Of course they did. It was cheaper to pay me Rod's accrued PTSD award 3 years after he died, then properly compensate him in his lifetime.

I even got a letter from his VA shrink , as the VA had failed to consider his extensive psychiatric records, and the shrink put into the letter that I also had showed him proof of Rod's SSA aware for PTSD.

This crap is deliberate on VA's part when a SSA award is solely for a SC condition.

If you feel any lawyer is deliberately stringing out your claim (and I would hope that is not ever true)

you could consider filing a Writ of Mandamus with the CAVC and ask them to order the VA to consider your evidence properly and get off sitting on their thumbs.(or words to that effect)

But writs nly work if you have ecxhauseted all legal remedy first.

If a Lawyer consciously failed to ensure the VA had SSA records, that is something else however-

I felt I had a preponderance of evidence for my last claim.

However there were days I would look over my evidence and have some doubts.

I would say to myself does this all make any sense or am I nuts.

It made sense and I got my award.