ptsd Wording For Provisional Ratings Difference Between Claim And New Evidence

[Kryptonian78]

ALCON,

Long story short I have no money and I am being evicted. I need the VA to give me a 100% disability rating as soon as possible. I have contacted my congressmen and my case has been fast tracked.

Background

1. I handed in my service connected disability claim back on October 13, 2011 and I received a 90% service connected disability PROVISIONAL rating on August 1, 2013.

However, Traumatic Brain Injury (TBI) was not included at all. My post-traumatic stress disorder (PTSD) claim was also not considered at all.

Here is the breakdown of the provisional rating:

1. Generalized Anxiety Disorder with Major, Depressive Disorder (also claimed as depression, anxiety attacks, sleep disorder, attention deficit disorder, adjustment disorder, chronic fatigue and obsessive compulsive personality traits) 70%
2. Sinusitis with sinus headaches 50%
3. Thoracolumbar strain 20%
4. Left elbow strain claimed as bilateral elbow train 10%
5. Left knee strain with degenerative joint disease, claimed as bilateral knee instability with arthritis and recurrent cysts, 10%
6. Right knee strain with degenerative joint disease and Baker's cyst, claimed as bilateral knee instability with arthritis and recurrent cysts, 10%
7. Gastroesophageal Reflux Disease also claimed as gastritis 10%

My VA records clearly diagnose me with TBI. In fact it wasn’t in my military records but is in my VA records. TBI is listed throughout my VA medical records as an AXIS III diagnoses and with the additional medical evidence in my records I would say the rating should be at least a 70% if not 100% for TBI. The ratings for TBI are 10%, 40%, 70% and 100%.

If you had 40% to the above, I am over 95 and thus get a 100% rating.

2. I had a contract with the Vocational Rehabilitation and Education (VR&E) counselor who resigned and now the VR&E will not honor that contract. The contract specified I should get $2900 each month for May 31, 2014, June 30, 2014 and July 31, 2014. The May 31, 2014 payment did not happen. Without that payment, I cannot pay my rent.

I have spoken with Rodney Hackney the VR&E officer in Oakland but he never got back to me. I have filed a “Petition for Extraordinary Relief” in the U.S. Court of Appeals for Veteran Claims, docket # XXX. I also emailed the entire case to Mary Markey, Rodney Hackney, AND Michele Kwok, but to date, I have heard nothing back.

3. I filed a California Employment Development Department State Disability Insurance (CA EDD SDI) claim back in June 2013 but I am still waiting for a hearing.

4. Due to a United States Air Force (USAF) and Defense Finance and Accounting Service (DFAS) error, my separation and last three months of pay were calculated incorrectly. Instead of paying the $36,000 I was owed, the USAF and DFAS reported I OWED $40,000 and thus ruined my credit and my ability to get credit. There is a petition for a writ of mandamus in Federal District Court under XXX v. DFAS et al docket # XXX.

5. I have a Social Security Disability Hearing on August 21, 2014. I used to go to school but I failed out most likely due to my disabilities. If I can get to August 21, 2014 I should be good. I just do not have enough money or ability to get credit prior to August.

I can only get a lawyer for Social Security. I am not eligible for California General Assistance (welfare) and/or food stamps because in the past twelve months I received student loans and/or the GI Bill but I am no longer in school so that is not an option.

MY QUESTION.

A little bird told me I have too many impairments and too much going on in my case and suggested I withdraw all appeals and petitions, then file new claim for TBI?

I am trying to decide what to do but I want to use the correct terminology.

Question 1: Do I accept the provisional rating, and withdraw all appeals and petitions, then file new evidence?

Or

Question 2: Do I withdraw all appeals and petitions, then file new evidence?

Or

Question 3: Do I have to withdrawal all claims, appeals and petitions, then file a new claim?

I think I should withdraw all the appeals and petitions and then file just TBI as new evidence. That should increase my rating to 100%.

What do you think?

[carlie]

Welcome.

Your firsts posts on the board may be slightly delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview. This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

I moved your topic to the VA Claims and Benefits forum.

[FormerMember]

Wowser. You never back up. Once you file, you stay the course. You are trying to speed things up and it simply isn't going to happen on your time schedule. VA is intransigent and nothing can force them to accelerate except for the Court. Even that takes a month or more to get in gear. Then VASEC (actually the OGC) takes another month to respond. Each and every action you have proposed is still months out for any intervention.

If you drop it all and refile, you have to come up with new and material evidence to reopen. Bad idea. I can see your brain racing around in larger and larger circles. March down to the welfare office and lay it all out. Tell them exactly what you recited here. I got caught short in 1973 when I got out. I ended up in the hospital with a hepatitis relapse. When I got out, I took welfare for a month. They will not let you starve.You do what you have to do. I'd motor on down to the RO and explain it all to them as well. Then I'd write a letter to Allison in Wonderland Hickey and one to Sloan. Call Channel 7 news. You're in the catbird seat. Destitute Vets are all in vogue since the Phoenix VAMC went up in smoke.You're a Veteran. You think on your feet. You could call a VSO and ask for assistance. You have options. Remember that. It just that your legal options are going to be slow in coming.

Concentrate on keeping body and soul together for a few months no matter how impossible that sounds. Ignore that little bird that tells you things. I've helped a Vet get to 100% +100% plus 80 % in little ones. There no such thing as having too many impairments unless they are simply not service connected. If you are adamant about "trimming things", keep the ones that are going to kill you and toss the the tinnitus, the hemorrhoids, and the hallux valgus. Focus on what is medically dangerous. Never, ever throw in and restart. VA will use it against you later. The conversation will revolve around how you pulled up the tent stakes and bugged out -ergo your claim was a chimera from the get go.

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[63SIERRA]

the VR&E looks at a simultaneous filing for College and SS as a slap in the face. You are filing with the govt saying you cannot work, but filing with Voc rehab to try and get a fresh start, more training, ect, TO GET BACK INTO THE JOB MARKET. You cannot have the cake, eat it too, and go back and get the ice cream.Something else ive learned, I dont make bills based on projected income, it will fail you everytime. I make bills based on tangable income. Money in the bank, safe, wifes purse, or the undesclosed secret location in the pickle jar buried 3 feet deep. Sounds like u need to do a re assessment and regroup. good luck.

Edited July 2, 2014 by 63SIERRA

[ketchup56]

Do not listen to that little birdie.......You need to really stay the course as asknod above has described..... In the meantime you need to get in touch with va hud-vash social worker for your housing situation at your vamc....I see you deal with the infamous Oakland varo,so I know what you're dealing with.......Send me a personal pm, I might be able to give you some contact info for your housing situation..... HUD vash helped me........

[NavyWife]

You've been given some really good advice from the above posters.

Do you know that Oakland is in the bottom 10% of all the regional offices in the entire country?

I think withdrawing everything & pinning all your hopes on TBI is a huge mistake.

They've already given you a 70% rating for anxiety disorder. PTSD has long been considered a type of anxiety disorder. Therefore you might not even see an increase in your total mental health rating once they decide on the PTSD. Sometimes, if the symptoms cannot be separated, they will combine TBI into your mental health rating. So what I'm trying to say is that even though the PTSD and TBI were deferred, Once they are finally decided you might not see an increase in your overall rating.

What about filing for TDIU to get to 100%?

Edited July 2, 2014 by NavyWife

[Dimaggio81]

E-2 I am having the same trouble with VR&E in Oakland. I've been trying to contact anybody that will listen. Please contact Barbara Boxer, your congressman, reporters and any body that you can think of.

I've been looking for other vets with the same experience from the Oakland VR&E. If there is enough people raising a stink something has to change. If you know, or if anybody reads this and you are having the same experience do the same.