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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Tad

Multiple Claims Appeals Help

Question

I filed a claim for PTSD MST a little over four years ago and the claim was denied not based on the medical evidence and the claim, but because I was discharged (Honorably) by the USAF for being gay. The tone of the letter triggered even deeper depression as at that point I realized that it was obvious that the reviewer felt that because of my sexual preference, I couldn't have possibly experienced sexual trauma. Following the denial I went through a period of a little over a year where I became so depressed I was suicidal and I didn't file the appeal. I was finally directed to the PTSD Clinic where I was subscribed medication and continue to receive therapy. My doctor provided me with a Nexis letter with a GAF of 50. I tried to reopen the claim with this and some other new evidence several times since them but they have refused to reopen the case. This last time I requested a DRO review.

As MST is very hard to prove unless you reported the incident, I wasn't willing to wait another 4 years for the VARO to review and possibly return a negative decision again so I decided to pour through my medical records myself and decided that if I couldn't get the VA to approve my first PTSD claim because I filed the claim as PTSD MST, that I would file a claim for Major Depressive Disorder which the USAF diagnosed me with but failed to treat during my military time. It was approved and I received a 70% disability and UI rating.

Now the diagnosis of Major Depressive Disorder came under the DSM III psychiatric manual. Major Depressive Disorder included PTSD. Later the DSM III was succeeded by the DSM IV and PTSD was recognized as it's own category. In my last appeal for the first claim, I explained this to the claims officer but still it just didn't sink in.

Here is the question. Since I have received my 70% service connected rating and I am being paid at the 100% rate for unemployability, should I continue to appeal the first claim or should I drop it? My friend said that I shouldn't because the first claim was 3 years older than the second claim. While nothing will ever make up for what happened to be in the service and all these years since when I couldn't hold a job or have stable relationships, the extra three years lump sum would help pay off some bills and have a little to put in savings.

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they can go back and review everything. I am IU at 80% and have more than valid claims to add for peripheral neuropathy and carpal tunnel.

They will ask for new C&Ps on everything....

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Here is the question. Since I have received my 70% service connected rating and I am being paid at the 100% rate for unemployability, should I continue to appeal the first claim or should I drop it? My friend said that I shouldn't because the first claim was 3 years older than the second claim. While nothing will ever make up for what happened to be in the service and all these years since when I couldn't hold a job or have stable relationships, the extra three years lump sum would help pay off some bills and have a little to put in savings.

Personally, I would just continue in therapy and not worry any longer about the

three years - that will open everything back up and I would not want that

since you are in receipt of compensation at the IU amount.

JMHO

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