ptsd Appeal Or Start A New Claim?

[Slowlane]

My (one year) denial for PTSD increase in excess of the current 30% will be up in about 3 months. Rather than wait 3+ years for an appeal, would it be best to wait the one year limit out and put in a brand new claim?

I realize that I would lose the difference in appeal money for a one year period which would be approx 4.5K but, claims are all they are working on right now and a new claim could be a couple of years faster than an appeal.

[Slowlane]

I would send in your NOD and ask for DRO Hearing. This will give you time to get new evidence. What are reasons and basis of your denial? You must direct your appeal or even new claim at the reasons the VA denied you. I would not give up my retro for a bird in the bush.

John, I think you have to be within a 30 day window to request a DRO hearing. I had a bad C&P where I was misled into saying a bunch of things that made me look kind of normal. I now have a collection of evidence that is indicative of at least a 50% rating. If I send in this latest evidence for reconsideration how long do you think it would take to be ruled on?

[Slowlane]

Can you clarify what you think the PTSD higher rating would get you?

I ask because I see you get 100% now.

If you don't formally appeal and that claim is closed, you would need New and Material Evidence to re-open the PTSD claim for a higher rating.

If I were you I would seek new and material evidence to bolster the claim you still have pending now.

Meaning, I would go over the higher rating criterias for PTSD very carefully as well as read over the reasons the VA stated that they felt did not warrant a higher rating then 30%.

The 100% you have is for multiple SCa to include the 30% PTSD , I assume (and I sure could be wrong.)

Therefore if not a 100% for one single SC, you would need an additional 60% SC for an independent additional disability to gain more comp (the SMC S award)

I might be misunderstanding all this so please correct me.

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Berta, the 100% is gone.........it was temporary cancer money. All I have now is 30%. I will change my profile.