ptsd Iu Claim Denied How To Proceed.

[JamesPT]

Hello, I am looking for an answer as to how to proceed with denied IU claim. After having a formal DRO hearing in seeking an increased rating for PTSD; a hearing that my VSO and myself thought had gone very well, with the DRO agreeing with the various issues discussed; well, it all went down hill after the Hearing. We were looking for a 10% increase, the DRO suggested to file for IU claim to see if I could get a 100% rating. The stipulation she set was to undergo an additional C&P exam at the VA's compensation Dept at the VA hospital, not the Mental Health where I see a psychiatrist once every 3 months for meds management. As we wrapped up the hearing, we felt positive about how well things had gone during the hearing; the Review Officer was understanding and friendly and seemed to side with us as far as the issues discussed were concerned. Needless to say, I had the C&P exam soon after the hearing and this is where everything crumbled. The examiner was not Vet friendly, was indifferent and arrogant. I felt from the very beginning that this was not going to work as far as positive results from exam. This young VA shrink's deameanor had denial written all over his face. Then Bingo; I get the SSOC denying claim. The examiner's diagnosis statement in the SSOC's reasons for denial was a complete sham. this guy presented false, misconstrued, misleading statements. His diagnosis does not even concur with my VA's Mental health history. He stated to me that he had read my record, but his bogus statements make it clear he probably just casually leafed through a few notes. My question: I obtained "New and Material evidence" from an outside Psychiatrist who has actually written 2 Nexus letters that have been disregarded during the process. I showed him the SSOC and the examiners reasons for denial statements; he dissected the SSOC and all the errors and false statements and wrote a third Nexus letter addressing the misfacts. Do I proceed now by writing an NOD and request a BVA hearing, or request a re-consideration\review. If I go with NOD, do I submit the new evidence with the letter? The SSOC gave me 30 days to respond; I am now beyond the 30 day suspense date, it took a while to obtain the Psychatrists' outside opinion letter. Just need some advice opinions as to what path to take: BVA and NOD with new material evidence attached; re-consideration, perhaps another DRO hearing? It's been suggested I get the claim out of the VARO. I just don't know, just a bit confused. Thanks in advance for your responses. By the way, I no longer have a VSO, he retired due to illness.

Edited February 13, 2013 by JamesPT

[71M10]

You do not file a NOD you will need to submit a form 9. Usually a veteran has 60 days to submit the form 9. You need to look at the SSOC, at the end it will describe your appeal rights and list your deadline. If you have missed the deadline you can file to re-open and submitt your medical evidence, but would lose your earlier effective date.

If you are not working you can file for a Vocational Rehabilitation program, they will do an intake assesment for this and make a determination if you can be sucessfully rehabilitated for employment. If they deny you the VRE program that is another piece of evidence you have for your appeal or claim for Individual unemployability.

Is your 60% rating the results of one injury or body system?

If you missed your form 9 deadline you can appeal, but you will need a solid reason as to why you couldn't file a response in time. Unfortunately, I do not think waiting to see a doctor will work.

Best regards,