ptsd Statement Of Case

[devildog2061]

I just received a SOC from my 2 DRO Review appeals.

1. Increase of PTSD, currently rated 50%

2. File for IU

I'm currently rated at 80%...

60skin, now 50 PTSD, 10 ankle, 10 tinnitus

I was increased to 50% PTSD on appeal 1, but denied IU....on appeal 2.

The reason for the denial of IU states that I have not been found unabled to secure or follow a

substantially gainful occupation as a result of service connected disabilities.

My question is can I submitt additional evidence prior to going to the BVA. I have an outside

Psychologist willing to write an IMO for me. I would hate to have to wait 4+ years...

Would this help ?

[john999]

Yes, you can submit new evidence and you can ask for another personal hearing before you get in line at the BVA. You want an IMO that states definitely that you cannot work due to PTSD and any co-morbid conditions. It will probably take a year to get your claim certified to the BVA. You could win it in that time at the VARO if you have the right evidence. I was 70% for mental condition and denied TDIU. I got IMO's and won TDIU at the VARO. I kept asking for personal hearings and/or reconsiderations based on new evidence.

John

[deanbrt]

Do you have a recent record of work history on your tax returns? (1099s)

[devildog2061]

I haven't worked since 2006. I am currently receiving SSD benefits for a combination of

PTSD(service connected) and back(non service connected)....

The VA is using my back condition against me, saying this Is the primary reason why I'm

Receiving SSD, when the award clearly states them both.

[deanbrt]

I agree with John, then. You need an IMO that ties your inability to work to your service conditions.

[john999]

DDog

The VA did the same sort of thing to me even though I had 70% and was on SSD. You do need the IMO to separate your SC conditions from NSC conditions and to say your SC conditions are the entire reason you can't work. Your IMO needs to dissect the SOC and rebutt everything the VA says about your being IU due to NSC reasons. We are all in the ballpark but the VA is good at dirty business.

[devildog2061]

Thanks John999 and Deanbrt for your replies,

My outside Psycologist will write an IMO for me but also,

because I did receive a denial, I thought about applying for Voc Rehab.

Does anyone know how this would affect my claim for IU ?, or if they would even approve me

Having a 50% PTSD rating, and back condition.

I would love to go back to school, but don't think I could handle it because of concentration, memory,

And mood swings....

[john999]

If Voc Rehab rejects you that is good proof of TDIU. I was rejected by voc rehab and that helped in my TDIU. I did have a lot of evidence. I had evidence from Vet Center and two IMO's. I don't think you can have too much good evidence.

[broncovet]

You have been given good advice. I will add you need to look carefully at your 50% PTSD, and consider appealing that also. If you can get that increased, you will likely get TDIU.

Look carefully at the criteria for PTSD and match that up with your DOCUMENTED symptoms. If you have symptoms that you have not told the doc about, you need to make sure they are documented. The rule at the VA is IF its undocumented, you dont have it. The VA wants you to document everything.

If you feel your symptoms equate more closely to 70 or even 100% for PTSD then seek the increase, or better yet, appeal the 50%.

The 100% criteria is Total social and occupational impairment.

1. Social Impairment. Are you divorced? Are you estranged from any of your children or other family members? If so, you need to tell your Doc this and have him document it. Did you have any documented domestic violence, or domestic abuse? Were you ever arrested? If so, what for? Were the police ever called for you/your wife fighting? Tell them about that, even if the charges were dropped. Did you ever have a suicide attempt? Be sure to tell them about that, too, even if you later changed your mind.

2. Occupational impairment. Did you get fired from your job or did you quit voluntarily? If you quit, were you under pressure to leave? Did you miss work due to a hospitalization How many times? Did your doc appointments conflict with work? How many times? Weekly, monthly, etc. If you think your "layoff" was because you and your boss did not get along, then state that, too. You can state WHY you think that, too. If your boss "layed you off" then hired someone else and did not call you back, then document that, too. If someone is doing your "old" job that is not a Vet, then that further suggests your employer thought you had PTSD. Did your old boss know about your PTSD? Did he say anything to you about it, especially in front of someone else? Did he ever give you a "written" warning?

Did your old boss do an evaluation? Did he state you had difficulty getting along with co workers? Is your PTSD interferring with you getting a new job? How? Is it on your record? Have you been turned down for jobs? How many did you apply for? Did you agree to work for less and still get turned down?

All of these are just examples that you can document and justify a higher rating. Yours will probably be vastly different than those I suggested.

[john999]

Bronco

You know the VA has the vet in a vice. If you match up your symptoms too closely with PTSD VA criteria you may be accused of faking it. If your symptoms don't match up close enough you will be denied.

[carlie]

The way claims processing has been running lately I personally

would forgo filing anything additional at this time, let this last

decision become final - and then submit a request for an increase.

This is JMHO - I feel letting a little increase slide by for 12 months is worth forgoing

inorder to receive faster adjudication, down the road.

Agin - JMHO.

[Rover]

All of your responses are right on point and very educational. I will post my OSA denial; i'm hoping for similar advice with my NOD.

Hooah

[towens]

Just received my SOC from my De Novo Review, so they increased some of my ratings and not others, but my real question is will I get another ratings letter, or is the SOC stating the increase in ratings it? And if I am happy with my new ratings, do I need to do anything with the VA from 9? FYI, I am very happy with the increased ratings, went from 40% to 80%, just not sure what is next?

[carlie]

Just received my SOC from my De Novo Review, so they increased some of my ratings and not others, but my real question is will I get another ratings letter, or is the SOC stating the increase in ratings it? And if I am happy with my new ratings, do I need to do anything with the VA from 9? FYI, I am very happy with the increased ratings, went from 40% to 80%, just not sure what is next?

It's usually best to start a new topic with your question.

The SOC should spell out just about everything concerning being granted or denied -

you have a specific timeframe in which to reply to the SOC on any issue/s you would like

to continue on appeal to BVA.

YOU SHOULD also get an official DRO Decision, separate from the SOC, but it might not

arrive for a while yet.

JMHO

[devildog2061]

My lawyer submitted a rebuttal to the denial of IU In the SOC I received from My DRO Review, along with VA Form 9 to the BVA - requesting a Video Hearing in December 2012.

I applied for Voc-Rehab and was found unemployable due to my service-connected disabilities.

I also had my Psycologist to complete an IMO which states the same.

I don't know if my attorney has submitted this info as of yet, but I was checking my appeal on ebenefits

and notice a change has occurred. It reads as follows :

Current Progress Description: Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it.

This is in the decision and dispatch section of the appeal timeline, dated 1-17-2013

Does this mean they have made a decision on my claim already ?

[deanbrt]

"My outside Psycologist will write an IMO for me"

this is covered ground for me. the VA is going to stack up a psychiatrist on their end and you need a psychiatrist IMO to balance out. A psychologist IMO will not have equal value, I am afraid. It may work for you but it is adding risk....

[deanbrt]

For the last, yes I think it means a decision has been made. Check Letter Generator on ebenefits to see if there are any changes. But it still could be that it is favorable but has to go back to the RO for rating

[devildog2061]

Update: Seems the VA has not made a new decision on my appeal, they were considering my

Claim closed because they did not realized my lawyer had submitted the form 9 and requested

a video conference appeal before the cut off time had elapsed....

I now have a statement from Voc-Rehab disapproving me and saying I'm unemployable because of

my service connected disability PTSD, opinion taken From my SSA award- and

Have an IMO stating the same. Now I'm waiting on the video conference. My questions are -

1. Will They review this new evidence and issue a SSOC, before having a video conference ?

2. Can it be won considering the new evidence without having a video conference ?

3. How long after receiving your SOC does it take to have a video conference from Montgomery RO ?

Thanks for your replies...

[jbasser]

I know a Vet who has been waiting for four years for a hearing at the Montgomery RO.

J

[carlie]

Hopefully someone at VA picks up on the N&M evidence and takes action

on your issue of IU.

If you have to wait for a video hearing to be scheduled then you might

need to find a good hobby that will take up at least a year of your waiting time.

[Berta]

"I now have a statement from Voc-Rehab disapproving me and saying I'm unemployable because of
my service connected disability PTSD, opinion taken From my SSA award- and
Have an IMO stating the same. Now I'm waiting on the video conference. My questions are -"

That statement from Voc Rehab is Golden.

In my opinion both you and your lawyer should FAX and snail mail this documentation, briefly explained in a cover letter with the document from Voc Rehab , sent Attention to and then put on a cover letter the initials and numerical code at the upper right hand corner near the date, from the last VA decision you got.

It looks to me, from what you posted here that maybe the lawyer didnt send that info in or maybe VA lost it.

If you use FAX Zero there is no charge to send faxes like this.

Personally I would send it to the BVA as well. You could email it to the BVA ombudsmah at the BVA and better yet call the BVA.

If the VA had this info and didnt consider it prior to BVA transfer maybe your lawyer could raise a CUE issue with them.

When Voc Rehab documents that a vet is unemployable solely due to their established SC disabilities ,the veteran is unemployable solely due to SC (TDIU).

If you tell me what VARO I will try to see if I have a Fax number for them.

They dont let widows use ebenefits so I dont know how that works, Are you allowed to attach evidence somewhere in your ebenefits account?

"I applied for Voc-Rehab and was found unemployable due to my service-connected disabilities.
I also had my Psycologist to complete an IMO which states the same.
I don't know if my attorney has submitted this info as of yet, but I was checking my appeal on ebenefits" That IMO and the Voc Rehab stuff is what will gain you what you want.

If I had your lawyer I would be calling them right away and asking for documented proof that they sent this stuff in to the VA.

Something is wrong here.