Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Ptsd Claim Appeal Question


Armymatptsd
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

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.

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

4 answers to this question

Recommended Posts

  • 0

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 by Berta
Link to comment
Share on other sites

  • 0

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

Link to comment
Share on other sites

  • 0

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

Semper Fi

Gastone

Link to comment
Share on other sites

  • 0

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

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>