usmcman001 Posted November 10, 2011 Share Posted November 10, 2011 I found out that I was awarded 30% PTSD. I found this out by going to ebenefits and checking my profile. I am a total of 40% now. I am happy but haven't received paper in mail yet. I am going to fight it. I fall in the 50-70% range I feel like. I had a gag of 58 but we all know that doesn't matter sometimes. I am going to appeal this and need as much help from you guys as possible. My dav sponsor is dragging his feet with everything from calls to getting paperwork I needed. Should I get a lawyer involved or do this myself. I want to shoot for 70 as I have alot of the symptoms for this rating and some fall in 50 mark. Always gonna go for what I feel I deserve. Thanks for the info and help. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted November 10, 2011 HadIt.com Elder Share Posted November 10, 2011 Now that the VA has established you have PTSD I would get an IMO to show that it is worse than 30% disabling. I think you have got your foot in the door which is the hardest part. Now you have to gather evidence to show your condition is severe and chronic. Link to comment Share on other sites More sharing options...
Notorious Kelly Posted November 10, 2011 Share Posted November 10, 2011 Congratulations, USMCman! Link to comment Share on other sites More sharing options...
cheif Posted November 13, 2011 Share Posted November 13, 2011 file an nod. the va will order a c and p exam. the them about your worst day symptoms.i was 50% for ptsd. filed for unemployability va ordered a c and p , went straight to 100% p and t.cheif. Link to comment Share on other sites More sharing options...
carlie Posted November 13, 2011 Share Posted November 13, 2011 I found out that I was awarded 30% PTSD. I found this out by going to ebenefits and checking my profile. I am a total of 40% now. I am happy but haven't received paper in mail yet. I am going to fight it. I fall in the 50-70% range I feel like. I had a gag of 58 but we all know that doesn't matter sometimes. I am going to appeal this and need as much help from you guys as possible. My dav sponsor is dragging his feet with everything from calls to getting paperwork I needed. Should I get a lawyer involved or do this myself. I want to shoot for 70 as I have alot of the symptoms for this rating and some fall in 50 mark. Always gonna go for what I feel I deserve. Thanks for the info and help. usmcman, Congrats on getting it SC'd even at the 30% level, which is a much better evaluation than getting zero or 10%. No - you do not need a lawyer. IMO, you don't really even need a VSO - but if you are comfortable with having a VSO then stick with them. You posted, "I want to shoot for 70 as I have alot of the symptoms for this rating and some fall in 50 mark." Personally - at this time I would NOT file a NOD (and get myself wrapped up into the appeal level), nor would I submit a request for reconsideration on the percentage level assigned, unless there was hard core medical evidence that completely supported a higher level, of record at the time this decision was adjudicated - and this specific medical evidence was not listed or factored into the percentage evaluation assigned. If you look over the rating decision real good, it will point out specifically why the VA decision maker felt that a 30% evaluation is warranted, versus a higher percentage level. We all realize the VBA disability system is backlogged and the VBA process is slow. Once you go into appeals you then realize, you really did not have a full understanding of what slow was : -) I feel you would receive better (not a rubber stamped agreement with the 30% or quick denial for a higher percentage) and quicker results by letting this decision become final (passing of 1 year), while this time is passing you continue with your current therapy and speak with your MH professionals regarding how your MH disability effects your daily life, especially in regards to Occupational and Social functioning. If you have progress / treatment note or a written opinion from them that FULLY supports a higher level and the one year mark has passed - you would then file a claim to request an increase in your MH evaluation. This is only my opinion and many other's will probably post to file a NOD on the percentage evaluation now inorder to protect your effective date. The VBA has taught me that this is not necessarily the best way to go - for now at least. If you were to post ALL OF AND EXACTLY what is stated in the Reasons and Bases Section, more answers, opinions and suggestions might be posted. JMHO Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted November 14, 2011 HadIt.com Elder Share Posted November 14, 2011 If you are not working 30% is a low ball and you should ask for TDIU thus making VA take another look at your rating. If its less than a year you can roll the appeal of low rating into TDIU and or higher rating you were talking about. Have you applied for Social Security? Link to comment Share on other sites More sharing options...
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