ptsd Dro Appeal Question !

[Cavman]

As many of you know, I was recently rated 50% for PTSD and have got my appeal ready with my letter of disagreement, letter from wife, letter from mother. Diagnosed chronic PTSD, serious social/employment impairment, gaf 48 along with many other things that all fit the 70 & 100% score.

I just started a new treatment program with a new doctor and saw him to day for the second time. He is very sharp and I feel he really cares. He stated he can already see my serious PTSD condition and will give me a letter of unemployability, but wants to do a few sessions first.

The VA sent me a IU form when they rated me 50%. I never requested the form. Have no idea what that meant.

(1) What are your thoughts me getting rated 100%?

(2) What are your thoughts on how many treatments I should do before getting the letter & sending it in?

(3) I was diagnosed with chronic combat stress disorder and rated 0% back in 1980. He thinks I should be paid from that date and is willing to write a letter stating I was just as bad off back then as today. By the way this was a few months before the label PTSD originated. Thoughts?

Cavman

[john999]

My feeling is to send in the TDIU form as soon as possible. Send it yesterday. There is no reason to delay.

[Vike17]

Cavman,

"(1) What are your thoughts me getting rated 100%"

If you are unable to work due to your sevice-connected PTSD, then file the IU application.

"(2) What are your thoughts on how many treatments I should do before getting the letter & sending it in"

Only your doctor can answer that quetion. He said he wanted to see you for a few more sessions before he wrote the letter, right?

"(3) I was diagnosed with chronic combat stress disorder and rated 0% back in 1980. He thinks I should be paid from that date and is willing to write a letter stating I was just as bad off back then as today. By the way this was a few months before the label PTSD originated. Thoughts"

You will not be paid any retro back to 1980. If you feel or felt that your 0% rating back then was too low, you should have appealed that decision within the one year time limit. The only way to receive a retro paymeny from a decision that became final is to prove CUE. In this case that doesn't exist because this was a judgmental call on the part of the rater. Judgmental calls on the raters part, regardless of how bad the judgment may have been, does not constitute a CUE. You should go ahead and read my post in the 'CUE' thread. It explains this more in detail.

Vike 17

[Cavman]

Cavman,

"(1) What are your thoughts me getting rated 100%"

If you are unable to work due to your sevice-connected PTSD, then file the IU application.

"(2) What are your thoughts on how many treatments I should do before getting the letter & sending it in"

Only your doctor can answer that quetion. He said he wanted to see you for a few more sessions before he wrote the letter, right?

"(3) I was diagnosed with chronic combat stress disorder and rated 0% back in 1980. He thinks I should be paid from that date and is willing to write a letter stating I was just as bad off back then as today. By the way this was a few months before the label PTSD originated. Thoughts"

You will not be paid any retro back to 1980. If you feel or felt that your 0% rating back then was too low, you should have appealed that decision within the one year time limit. The only way to receive a retro paymeny from a decision that became final is to prove CUE. In this case that doesn't exist because this was a judgmental call on the part of the rater. Judgmental calls on the raters part, regardless of how bad the judgment may have been, does not constitute a CUE. You should go ahead and read my post in the 'CUE' thread. It explains this more in detail.

Vike 17

Vike:

Would it make any difference at all that back in 1980 I was never notified of a decision on a claim or ever told of any appeal process. Vets back in those days knew very little if anything about VA claims processes being available, much less any appeal process. I am sure I went to the VA back then asking for medical help and they basically. I don`t remember anything about filing a claim. And also, no PTSD condition existed at that time on the VA conditions to file for a claim.

Cavman

[Josephine]

Vike 17,

Sorry, I am not too familiar with this site. How do you locate your Cue Thread?

Thanks,

Josephine

[Cavman]

My feeling is to send in the TDIU form as soon as possible. Send it yesterday. There is no reason to delay.

Thanks for the advice john. I went and mailed it right after I read your reply. I`ll send the doctor`s statement when I get it.

Cavman

[Vike17]

Cavman,

If you don't remember filing a claim or anything like that, how do you know you're service-connected for something (in this case PTSD)? Does the records at VAMC where you were treated show this or does it show just being treated for PTSD. Just because you were treated for PTSD at a VAMC at any time doesn't mean you're service-connected for it by a VARO. The VAMC belongs to the VHA and the regional office belong to the VBA, two different animals.

If you filed a claim back then you or at least your power of attorney had to sign the claims application. If this occurred, did you move at any time during the process and did you notify VA of the move?

Do you have an actual rating decision from 1980 where it states that you're service-connected at 0% for this?

Just too many questions that need to be answered before I can even begin to give you a straight answer.

Josephine,

Scroll down a bit on this page and click "CUE" started by, I think, dougbo1943.

Vike 17

Edited September 29, 2006 by Vike17 (see edit history)