ptsd Will A New Claim Delay A Bva Timeline For Existing Claim?

[JuanP]

Thank you in advance.

I have an existing claim (back problems) that has been open and progressing through the system for about 3 yrs. I am scheduled to the BVA level next. I am nerve wracked.

I have found evidence in my military medical records of a PTSD diagnosis along with a Stress Anxiety disorder.

If I file a claim for psychological issue's, will this delay anything on the current claim.

I am scared to death of anything messing up the current claim as I'm sure you all can understand after four yrs. with no income.

[meghp0405]

I wouldn't file anything until your current claim is resolved. I have actually seen where submitting an additional claim while one is pending, will delay the current claim.

[JuanP]

This has been my fear. And I have been truly paralyzed for over a yr. to the point that I have been scared to ask the question, even on here. And this is the reason. And my fear has been answered in 6 minutes.

[71M10]

Has your claim been forwarded to the BVA (already reviewed after initial decision, SOC issued, Form 9 submitted)? If you haven't been docketed with the BVA you could still have another 2-2.5 years before they hear it and possibly remand it or grant it out-right.

You have to do a benefits/risk analysis on your situation.

You indicated you have an appeal in for your back. What % are you expecting to receive from your appeal? If your appeal is based on range of motion only, in one segement, the most you could get is 40% You indicate you haven't worked in 4 years. A 40% rating would be very hard to get individual unemployability out of.

Depending on how bad your PTSD is, it potentally could be a higher rating than 40% and both contentions together could get you to a combined rating that is more favorable to individual unemployability(100% rate).

If your PTSD is ratable at 60% and you don't file it for another 2.5 years that will cost you $30,780.00 in lost benefits. If filing the new contention delays your existing appeal you loose no money except earned interest if it was sitting in a bank for you.

What is best really is dependent on where you are in the process, how strong your evidence is, how debilitating is the PTSD/stress anxiety condition, will the additional disability position you for a 100% rating under individual unemployability. If you are in dire financial straights I would suggest you find an alternate strategy than betting on action from BVA.

Best regards,

Edited June 13, 2013 by 71M10

[Stretch]

If you have a diagnosis from your VA psych, for PTSD and evidence, I would file it to preserve your effective date. If it is just that you have seen evidence of PTSD then I don't think you should until the claim is finished.

Just evidence is not diagnosis. If you file, with VA diagnosis, it will none the less stall your claim. You had better have some supportive system to endure the stall. My claims took 6 1/2 years. I am VN Vet.

Edited June 13, 2013 by Stretch

[john999]

If your claim is at the BVA I don't think they will call back your C-File for a new claim. In my case I filed a new CUE claim while my older CUE claim was at the BVA. The VA granted the new CUE and the old one stayed on the docket. I just filed for increase for DMII and I have a CUE at the CAVC. The VA starts a temporary file for you in these cases since this happens all the time. I agree that you want to preserve your effective date. The VA and VSO's bluff about not filing new claims until your old appeals are done. This is just a way for them to reduce their workload. This is not in your best interests.

John

[JT24usn]

It also depends on if it is a new claim never considered. If that is the case the rater will need strs, which means that they will call the file back to make copies of strs personnel records (if in folder) and what not and keep them in a temp folder with the PTSD claim. That goes normally for Any claim never considered because the strs and whatever other pertinent records deemed by a rater must be reviewed before a decision can be made on a new condition while the file is at BVA. Jmho.