ptsd Nod Or Wait And Start A New Claim?

[Slowlane]

After you have been denied an increase in PTSD you have 3 options. 1. DRO hearing. 2. NOD. 3. Start a new claim.

For me, #1 DRO is too late (its been about 6 months). The choice between 2. NOD and 3. Start a new claim needs consideration.

If I file a NOD it make take 2 or 3 years to get a decision.

If I wait 6 months I can file a new claim and with all the emphasis that the RO's have on rapidly processing the claim I might get an earlier decision.

Am I overthinking this?

[stillhere]

You show you are at 100% already so money is not an issue right? If you feel that way then file a new claim. But if you want to try and keep everything in some what order just for ease just file an NOD.

Waiting is waiting whether you are waiting under a tree, or fishing just choose your own medicine?

Not sure if this makes much sense or not but your question kind of is that way too. Be interesting if someone else touches this one.

Stillhere

[harleyman]

A DRO review is only going to review the evidence that was used to rate your case six months ago. The DRO is not going to order a new exam, the DRO will review the evidence the RVSR considered when granting your current disability rating. PTSD examination results currently have the DBQ information entered by the RVSR into the evaluation builder, the part of the builder "exclusively" designed for the PTSD DBQ results. The DRO will also enter the information into the evaluation builder, and if it "spits" out the same level of disability the DRO will uphold the rating decision.

If you are wanting an increase in your service connected PTSD and it has already been 6 months since the last rating decision, I am going to assume it has been close to about 8 or 9 months since your last PTSD examination.

If you were to file a claim for increase for PTSD ( which is what you say you want), I would wait until I was close to the end of the one year mark on the current decision. That way, you will be filing for a claim for increase within the one year time frame. Because it's been close to one year since your rating decision, and it will be right at one year since your last PTSD exam, the VA will order a PTSD review exam for you as it is near the one year mark since your last exam.

I would also make sure I am taking my medications and I would be attending my meetings and psychological appointments to doument my current status. The examination doctor has to have something to reference stating your condition has worsened, and unfortunately, they are not going to take a Veteran's word that his PTSD is worse.

Finally, I would submit a statement as to what things seem worse as far as your PTSD symptoms go, and a letter from your spouse will also help if she or he, is specific in what issues you are experiencing, and how it affects your marriage and family life.

This is my take on the information you provided, and I would just file for an increase, why put your claim into Appeals, when you don't have to. Appeals is so back logged it could take a long time just for a DRO review, then if you don't like the decision you have to appeal or start over with a new claim. I would go for the increase right off the bat. Then if you don't get it, file the Appeal and drop the DRO review and save a year or two.- Just saying what I would do.

Edited August 27, 2013 by harleyman

[Slowlane]

Harleyman Thats a lot of information and it's all good......thanks. I'm pretty sure that I got the typical "low ball" on my CP exam. I see my shrink monthly and I take the meds. The most current (last three) Blue button reports entered by my shrink were 45/50/50 plus other items indicate an easy 50%. This same data was sitting in my file when I had my CP exam so, why did the examiner not look at it or use it? It's too late for me to see a DRO because my 30 days have passed.

You said:

"If you were to file a claim for increase for PTSD ( which is what you say you want), I would wait until I was close to the end of the one year mark on the current decision. That way, you will be filing for a claim for increase within the one year time frame. Because it's been close to one year since your rating decision, and it will be right at one year since your last PTSD exam, the VA will order a PTSD review exam for you as it is near the one year mark since your last exam".

This would be a NOD right?

[Philip Rogers]

Harleyman Thats a lot of information and it's all good......thanks. I'm pretty sure that I got the typical "low ball" on my CP exam. I see my shrink monthly and I take the meds. The most current (last three) Blue button reports entered by my shrink were 45/50/50 plus other items indicate an easy 50%. This same data was sitting in my file when I had my CP exam so, why did the examiner not look at it or use it? It's too late for me to see a DRO because my 30 days have passed.

You said:

"If you were to file a claim for increase for PTSD ( which is what you say you want), I would wait until I was close to the end of the one year mark on the current decision. That way, you will be filing for a claim for increase within the one year time frame. Because it's been close to one year since your rating decision, and it will be right at one year since your last PTSD exam, the VA will order a PTSD review exam for you as it is near the one year mark since your last exam".

This would be a NOD right?

I'd go w/what Harleyman says, which as I interpret it is to file for an increase, not a NOD, at about the one yr mark(just prior to the deadline), that way the VA will order a new C&P exam and you'll have that new evidence.

I believe that they'll probably make it retroactive as it's so close to the one yr date. If you file a NOD it will go to the appeals section, which is waaaay backed up. As always Harleyman is giving you great advice! It appears the VA is trying to clear the backlog by using computers to do the actual deciding and using RVSR's as data entry clerks. That can be good and bad. jmo

pr

[71M10]

It's to late for me to use the DRO because 30 days have passed?

The DRO would be an option you have as part of the NOD process, if you have not filed a NOD then you can still have a DRO(if you are within the one year limit to file the NOD). You do not get a DRO unless you file a NOD.

Best regards,

[Philip Rogers]

It's to late for me to use the DRO because 30 days have passed?

The DRO would be an option you have as part of the NOD process, if you have not filed a NOD then you can still have a DRO(if you are within the one year limit to file the NOD). You do not get a DRO unless you file a NOD.

Best regards,

71M10 - What does 30 days have to do w/it?? If you want a DRO, I would ask for one but remember what Harleyman said, they only review evidence already there. It's a new look by an independent person. They can either increase or leave the decision stand but can't reduce.

pr