ptsd [Update] Va Nod Letter

[11cvolley]

I contacted a va lawyer and told him about my case and to see if he can help me. Its been over a year since I filed my nod and my nod is only with the review officer which someone told me means that're about to start the long process but others have told me it means my nod is about done and I'll get a decision soon. IDK which is true. The lawyer asked me if I am on SSDI for the ptsd and when the last time I worked was. I told him yes on the SSDI and I haven't worked since mid 2010. He then asked if my va doctor and "va therapist" (social worker) support me getting 100%. I told def my therapist does and she told me the doctor agrees with her. The lawyer then tells me he can def win my case and hurry it up. All I pay is 20% gross amount awarded and 10% of the money awarded to me, equalling 30% and no out of pocket fees. Should I retain the lawyer?

Edited August 29, 2013 by 11cvolley

[11cvolley]

I'm sure when I filed the nod I asked for a hearing, One that would be held at my local vso office (How I understood it), but I also sent in a letter saying that I believe I should be rated in a way that gets me IU, or 100% and that I would be fine with getting any rating that results in 100%. So it makes me wonder why the 800# is saying the review officer is working on making a decision. Could it mean they're thinking about going ahead with some form of 100% or what? I mean IDK how the RO could make a final decision without me having my face to face if he/she isn't going to grant me 100%.

Edit: My anxiety is so high right now I can't stop jittering and bouncing my leg. I feel like I just drank a gallon of coffee. I have a lot of faith in this forum as I did a lot of stuff mentioned to me on here for my original claim and I got 70% with no issues. Still feels unreal to get granted 70% when the first time I came forward was years after getting out of the Army.

Edited August 4, 2013 by 11cvolley

[11cvolley]

Got a call 2 days ago from the Senator's office about my case. Of course the VA is taking away my 30% asthma rating first, then they will start on my NOD of the 70% ptsd... Figures they can't work both at same time or in a way that helps me. Will prob be at least another year AFTER they take away the asthma before they'll make a decision on my NOD.... My social worker is a little concerned that my last c&p doctor stated I had a 2nd mental issue because you can't combine 2 mentals together. What really ticks me off is FOUR doctors all agree I only have PTSD. This moron c&p doctor comes along and agrees with everything, says I'm actually much worse, but says it might be this other mental issue and not all ptsd... He bases his opinion off of the 2hrs I was in his office. (Social Worker read his notes to me) He also took a lot of stuff I said out of context, like I said I need new glasses but I don't like people being in my face. So he writes down I don't to see better because I'll see people better...

Then he goes on to mention some acronym that means I'm either lying/over exaggerating, or telling the truth since I picked most of the worse 1-5 responses to how I feel, but then goes on to say that he believes I am telling the truth. Then why even bring up the acronym for when someone might be lying? Oh and my fav part.... The VSO in their denial letter citing, "veteran plays strategy pc games." WOW, IDK playing video games means I should be able to hold or even get a job... Seriously VA? Seriously? You A-clowns grant me 70% for ptsd the first time with no issues but then turn around and pull this crap?

IDC how people take this but IMO veterans are treated like 2nd rate citizens with less rights than terrorist.

[Berta]

"The lawyer asked me if I am on SSDI for the ptsd and when the last time I worked was. I told him yes on the SSDI and I haven't worked since mid 2010"

Is the VA fully aware that you get SSDI solely for the PTSD?

That is prime facie evidence that they should award you either TDIU (if you applied for it) or 100%.

Can you tell us here exactly the words VA used to deny? Or scan and attach the denial?

(Cover personal stuff like name, address, C file number.)

Add the Evidence list too.

If VA was aware of the SSDI award and it is solely for PTSD, then they committed a CUE when they denied you under 38 CFR 4.6.

SSDI awards are independent medical opinions from real doctors.

[donh777]

Did you keep a copy of the NOD? Look there to see if you asked for DRO review.

[11cvolley]

I don't have the denial letter, I have a problem with keeping documents. I do remember the reason given was basically an increase isn't warranted. Also my wife confirmed through the Senator's office that I did request a DRO review and I might possibly get a sit down with the person making the final decision.

SSDI awards are independent medical opinions from real doctors.

I never saw a SSDI doctor. SSDI went off my VA medical records.

Thank you very much for your inputs, you guys/gals give me hope. After reading your replies I get the feeling the VA will make the right decision this time around.

[Berta]

Gee ,I realized ,re reading this that in my husband's case it was the same as yours.

"I never saw a SSDI doctor. SSDI went off my VA medical records."

First they (SSA) awarded for a CVA (stroke) (now 1151 CVA) and after we asked for reconsideration then SSA awarded solely for PTSD,and both awards were based only on his VA medical, and psychiatric records.

The SSA PTSD award had a EED more favorable then the CVA award,which it trumped -sort of , but this became problematic when VA awarded both of these claims,100% P & T for the PTSD and then 100% P & T for the 1151 stroke.

If anyone else here is in similar situation, they can and should use both SSDI awards for 2 independent disabilities the best way they can for proper VA SC awards.