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Considering Submitting Nod

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JamesPT

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Hello everyone, again opinions, suggestions are greatly appreciated. I posted a couple of weeks ago that the VA had raised my overall\combined rating from 40% to 60% .... In their letter they break down the PTSD compensation thus: "Old Percent assigned 30% - New Percent assigned 50% I have an additional 10% for service connected injury. Anyway, my wife and I decided to leave town for some peace and quiet, took my VA documents with us to try and digest the VA's decision and evidence used for the new 60% overall rating. In carefully reading the section "Rating Decision For Your Review, It Provides a Detailed Explanation of our Decision" we found various discrepancies between the C&P examiners report and the information the VA obtained from the Veterans Mental Health Center. In their explanation for the decision they are twisting my condition to seem or appear to be less serious than what it is. I received treatment from a private sector Psychiatrist and submitted his IMO statement; in their explanation regarding the IMO, little consideration was taken into account. What concerns me the most is the misinformation they say they obtained from the VA's Mental Care Center; I have serious PTSD issues, I am in therapy with a Social Worker at the VA but somehow the gravity of my condition has been misconstrued and interpreted wrongly. I will write a NOD letter; my question: is it best to request a DRO review and hearing or go with the BVA process which I think it's a longer process. Thanks everyone, your are all much appreciated.

Jim

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. I received treatment from a private sector Psychiatrist and submitted his IMO statement; in their explanation regarding the IMO, little consideration was taken into account. What concerns me the most is the misinformation they say they obtained from the VA's Mental Care Center; I have serious PTSD issues, I am in therapy with a Social Worker at the VA but somehow the gravity of my condition has been misconstrued and interpreted wrongly. I will write a NOD letter; my question: is it best to request a DRO review and hearing or go with the BVA process which I think it's a longer process. Thanks everyone, your are all much appreciated.

Jim

Jim,

From the Rating Decision REASONS And BASES Section,

what exactly do you feel has been "misconstrued and interpreted wrongly" ?

I would file a NOD and request a DRO Hearing.

JMHO

Carlie passed away in November 2015 she is missed.

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JIM.....

If you feel that you were low-balled on the ratings you should file a NOD and request a DRO De Novo review. The DRO can change your rating once he/she reviews the record. This worked very well for me. If this doesn't work, you can still appeal to the VBA. The DRO review will go through much faster than an appeal to the VBA which can take years..

Good Luck and I hope this works for you.

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Thanks a bunch for your replies, and yes, I do feel like I got low-balled on the ratings. I got blind-sided when I had my very first PTSD evaluation. I thought it was going to be a short meeting with the Psychiatrist, instead it turned into a 3 hour nightmare, things got a bit out of hand, I was a basket case when it ended, It took a lot out of me, I regressed to the old bad days there in a little office, venting the nightmare to a total stranger; in my case I believe that the 3 hour meeting screwed me up worse. Anyway after the evaluation I was immediately taken to the VA hospital and put on meds. It's been a struggle and it's been tough going to therapy. It also makes it tough to get to the VA hospital as I live in a rural town. Anyway, for me it's frustrating because the VA Mental Center has all of it on file as I explained in my previous post, but in my opinion the rating letter contains watered down statements so to speak. I will get a NOD submitted. Thanks all.

Jim

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  • HadIt.com Elder

Are you working or not working due to PTSD. Not being able to work is usually the difference between a 50% rating and a 70-100% rating regardless of all the other symptoms. If you are not working due to PTSD you should have gotten a higher rating.

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No John, I am no longer working, lets say I was slowly forced to retire due to my PTSD condition in addition the meds for the mental condition made a great negative impact as the side effects are detrimental to focus and perform up to par; the fainting spells, dizziness, lack of energy, memory lapses and so on. An additional reason for not working any longer is that I have a combat connected injury which required surgical fusion of joints in my right foot, therefore my range of motion is severely limited; I have had a second surgery on same foot. That left me with pronounced limp and can't be on my feet for very long. I am on 4 different types of medication for the PTSD plus meds for my right foot injury. My left foot needs surgery as it has deteriorated over the years due to compensating for the right foot injury. Along come the secondary problems with knee, hips and back pain; the physical issues surgeries etc, furhter aggravates aggravates my PTSD condition. Anyway, I'll keep at it with the claims process, I'm hoping to make progress; I was 30% initially, then they gave me 40%, now I am 60% overall, hopefully the NOD will help a little more. Thanks for your help.

Jim

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