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?

[Berta]

They only pay for one MH disorder. The PTSD claim is a moot issue.

Did you formally file for TBI and does your SMR have evidence you had an inservice TBI?

VA doesn't really have to seek potential SC disabilities, even if they are obviously stated in your medical records.

"I used to go to school but I failed out most likely due to my disabilities."

If you mean you attended school via VA Voc Rehab, and if the Voc Rehab counselor has documented that your established SC disabilities render you unfeasible for continued Voc Rehab, that is good evidence for TDIU.

The TDIU form is 21-8940 and available here under a hadit search.

"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."

You have very little time left to file a timely Notice of Disagreement.

In the NOD I would, if I were you refer them to the attached TDIU form that you fill out (keep copy of)

and attach anything you can get from VA Voc Rehab if they denied you future school help due solely due to your SC conditions.

Keep copies of everything you send to the VA and make sure you get a proof of mailing.

"I can only get a lawyer for Social Security" not true, once you file the NOD you can get a lawyer. as your POA.

If I were you I would contact a veterans lawyer now.

"I have contacted my congressmen and my case has been fast tracked."

That's good but You have very little time left for filing the NOD.

There are many vet lawyers around.

Doug Rosinski, Bob Walsh, Chris Attig, to name a few.....

A Writ of Mandamus or Petition for Extraordinary Relief is very hard to obtain from the court.

I filed one once and it was denied because I had not utilized all avenues of appeal. The court was right.

I did send the RO a copy of the writ and did succeed on that claim. It was the evidence that awarded it, not the writ.

However I did get contact from many lawyers, just by filing the Writ.But there is no money in supporting a writ for them..

You still have appeal rights. Maybe your Congressman can help to really get this expedited but don't depend on that.

In their decision I believe the VA should have considered you for TDIU, since your rating is 90% and even should have enclosed the TDIU form.

Can you possibly scan and post the decision here as to their Reasons and Bases ? Cover C file number, name and address first.

They might have made a legal error in the decision.

It would be well worth your while to contact a lawyer right away. August 1, 2014 isn't that far off for the NOD.

Be sure to tell them my point on the TDIU consideration and the Voc Rehab situation. The lawyers I mentioned here know who I am .

Edited July 2, 2014 by Berta

[Dimaggio81]

Just an update I also contacted Dianne Fienstein, and the American Councealing Assosiation