ptsd Ptsd Claim Appeal Question

[Armymatptsd]

I was in Somalia (Jan-May 1993) as an 88M (truck driver) and filed a claim for PTSD in March of this year. They sent me in for my C & P exam last Tuesday and I thought it went well. I saw quite a bit of action in Somalia and have quite a few issues as a result. I've been unemployed more often than not over the last 20 years. I can get hired but have a hard time keeping a job.

I received a letter today saying they decided my case already, 8 days later. They rated me 70%.

My question is should I appeal and try to get it increased or should I leave it alone? Are there drawbacks to appealing? Can they reduce it? How bad off does someone have to be to get rated 100%. Any info would be greatly appreciated.

[Berta]

Congrats ...you did very well !

Were you unemployed when the VA made this decision? Did VA know that?

If so did they consider you for TDIU by sending uyou the TDIU form 21-8940?

What reason did they give as to not awarding a 100% rating?

Are you unemployed now?

You got some retro and might want to consider getting an IMO from a Vocational Specialist which could also be used to support a SSDI claim.as well as a TDIU claim.

One thing about an award letter.....the veteran might be so happy they succeeded without much BS that they might not want to appeal. But then again many if not most disabilities get worse in time and by the time an appeal is decided the veteran might be very glad they DID promptly appeal the award decision.

Once the year appeal period runs out, the veteran will need New and Material evidence to re open the claim and they have lost, in that scenario, the best EED they could get.

This could apply to any type of claim.

A vet could be award say 30 % and then appeal it and by the time the appeal is decided the VA could ,due a Fenderson rating ( a staged rating)award maybe to 50% for part of the appeal time, and then to 70% as more medical evidence accumulated up to the time of the RO decision.

Edited November 6, 2014 by Berta

[Gastone]

Army: After 70 next is 100, tough doing, you almost have to be locked up in mental ward.

IU IU IU IU Apply NOW on E-Ben

Semper Fi

Gastone

[Gastone]

Get an app for VA Vocational Rehab Submitted. More later gota go

Semper Fi

Gastone

[Gastone]

Army: With your recent PTSD 70% SC Award you should have seen that the VA has an Inferred IU claim pending, all you have to do is file the claim. If you look at PTSD ratings in 38 CFR 4, 70% symptoms regarding employment are listed. Go on E-Ben site and apply to VA Vocational Rehab Department. You'll meet with a VA Vocational Rehab councilor and if it's determined you can participate or complete the program due to your SC PTSD, you will be denied. Be sure to request a copy of the Denial Letter. Send it in to VA as N&M Evidence for IU, you will be good to go.

As I said earlier, getting an increase in your PTSD rating to the 100% is tough. Again check out your C&P PTSD DBQ and compare it to 38 CFR 4. You have to be grossly fracked up to qualify. Then if you do, the VA would definitely want to put a VA fiduciary in charge of your money, which at least would protect your money from yourself, wife, or anyone else you might let have access. If your 100% PTSD chances are you would be spending time in hospital from time to time. With the fiduciary at least you could be fairly certain no JODY was getting his hands on your money. I really think IU is your ticket to 100% SC Pay Rate.

Semper Fi

Gastone