ptsd Reconsideration/re-Open Update

[Jaluluah11B]

70% PTSD, SSDI

I was rated 70% last year and sent in my application for TDIU. I was given another C&P and was denied an increase. I then decided to submit a NOD. While my NOD was sitting in limbo on stage 1 on ebenefits for months I was approved for SSDI based on my service connected mental health disorder. I called Peggy and they said I can submit my "New Evidence" and ask them to reconsider my denied increase. I put together a pretty simple request to reopen my denied claim and consider my new evidence.

It has been exactly 40 days since they received my request at the regional office. I am either on the verge of massive success and quality of life or I am about to be punched in the gut. Either way there is nothing I can do about it now besides wait.

[Gastone]

saints13: The TDIU Raters guide specifically states that if the veteran claiming IU is now or has been in the VA Vocational Rehab Program, the rater must obtain all records available from VOC Rehab. I'm not sure that that includes Independent Living Program. I was never in the Indep Living Program, just recently refiled to get into it. I went strictly through Voc Rehab, when it became apparent that due to my SC conditions I couldn't continue with the program, I received a Letter from the Voc Rehab councilor stating that I was not able to participate due to My SC conditions. At my recent 6/27 DRO Hearing for TDIU, the DRO stated that that "Denial Letter" was a determining factor in granting me IU T&P.

[Gastone]

Jaluluah11B: Please understand that my opinions are only based on my past 4yrs of research and my own personal DRO Hearing 06/27/14. I assume you filed for IU after receiving your PTSD award, which also informed you of the inferred possible IU elegibility due to your Scheduler Rating of 70% SC. I applied for IU 4 days after receiving my 70% PTSD rating that got me to 90% SC in 2011. Was Denied IU 09/2012, Filed IU NOD same month. Awarded IU at DRO Formal Hearing for my 1st NOD filed 09/2010, that was still pending with a couple minor issues. I opted for an "informal Hearing," please refer to my DRO posts for particulars. The "Informal" worked for me. Walked out with IU from 2012 NOD as well as awards from 2008 Claims.

Regarding your IU NOD filing, early 2014. I'm not clear on whether you requested DRO Review with or without a personal hearing, or did you opt to proceed directly to VBA court? Please spend some time reviewing the recent NOD posts regarding DRO hearings. I think DRO Hearings have been taking about 2yrs+ and the court cases that I looked at 3-5Yrs or longer if remanded.

I could be wrong, but brother, once you file the NOD and complete the VA form requesting your decision regarding DRO or VBA Court, YOUR Locked. The original rater is not involved in a DRO Review or Hearing. Unless you want the same decision the original rater made on your claim, it is absolutely necessary that you provide "New Evidence" for the DRO to consider. You can add new evidence all the way up to your DRO reviews your claim and or up to the day of your DRO Hearing, if that is what you requested. If you opted for the VBA Court route, you can add "New Evidence" right up to the hearing date. If you decided on the Court route, you might consider getting 2 or 3 free consultations with VA Credentialed Lawyers.

As for "Reconsideration," it is not an official VA stage of your claim. More importantly, once you file the NOD, my understanding is the original rater is done with your claim. I know some Vets think and maybe they can, get a reversal from the original rater shortly after receiving the denial. You have 11 months after the denial to try the "Reconsideration" before you MUST file the NOD before the 365 day dead line. I think any hope of a reversal by your reconsideration request, bit the dirt, with your NOD filing. For your sake, I hope I'm Wrong!

GOOD Luck!

Semper Fi

Gastone

[Jaluluah11B]

Today a new claim was initiated on Ebenefits!

Claim date 6/16/2014 Gathering evidence PTSD, Unemployability

What do we still need from you?

Automated 5103 Notice Response ( This is just going to be a letter sent asking me if I have anything else to submit right? )

I looked at my NOD status and it is still in stage 1. So I have a NOD pending while also getting my 70% reevaluated for an increase due to my new additional evidence (SSDI) ?

Regardless I am just happy it finally shows up in Ebenefits. Makes me feel like it's actually moving towards some decision.

[Navy04]

^Jal,

^{Glad to see there is some movement finally bud. Good luck and keep us posted.}

[carlie]

I am almost positive that my SSDI is solid enough evidence to eventually raise my rating. I am just not sure if they will grant it right away or deny me and drag out a multiple years long appeal. Either way I should have an answer within the next couple months since it's a very simple 1 contention claim with 1 piece of additional evidence.

Personally, I would compare exactly what is written in your SSA evidence to

what exactly is written in your VBA PTSD C&P, along with the Reasons and Bases Section

of the VBA Rating Decision that granted your PTSD at 70 %.

Then compare it all to Part 4 of the Schedule for Ratings and the regs for IU.

jmho

[Jaluluah11B]

I called Peggy and did my "5103 Notice Response" over the phone. It is 100% out of my hands now. They will make a decision on an increase to 100% or TDIU based solely on me being granted SSDI for my mental health condition. I don't know if they will schedule another C&P.

Personally, I would compare exactly what is written in your SSA evidence to

what exactly is written in your VBA PTSD C&P, along with the Reasons and Bases Section

of the VBA Rating Decision that granted your PTSD at 70 %.

Then compare it all to Part 4 of the Schedule for Ratings and the regs for IU.

jmho

I have never seen exactly what was written in my SSA decision. They denied me once then I won on my first appeal. I called for any paperwork they could give me and it just has down 1 item = 12.06 Mental Health Anxiety Related Disorder.