Waiting For Bva?

[11cvolley]

To make a long story short, I filed a nod to get my 70% to 100%, then requested a BVA in person when they said no. The #800 people say its with a rater awaiting a decision, but its been there for over a year and nearly 2 years on step 1 under appeal statues on the website. I keep getting told they could decide to grant me 100%, but if not they will move it along to the BVA. Is this normal or are they telling me the wrong thing and they're really working on the BVA already?

[11cvolley]

Just got off the phone with the #800. Lady said I opted for a DRO review a little over two years ago. Said she is sorry that it is taking so long, but said something about the RO was sent more people to help with the backlog... I'm glad they finally stopped the bonus programs for these people. I think they got it right on the money when they said the bonus program was making the RO look for any reason to deny a claim because denying a claim allows them to process more claims to get that bonus.

[Gastone]

11: Just went back and chked your prev posts to get up to speed. It appears you were awarded PTSD @ 70% about 08/2012, did you get an "Inferred IU claim Pending" notification with this PTSD award? Did you subsequently file an IU Claim that was Denied? What was the VA's reason for Reducing your 30% SC and did you appeal that decision, DRO or BVA?

Were you or are you now using a VSO-Rep for your NOD or NODs? What does your Rep say?

Have you provided your VARO rating Dept with any and all New & Material Medical Evidence post Denial Decision? Are you sure they got It? It sounds like your currently waiting (2 yrs?) on a DRO Review, not a DRO Personal Hearing. If you don't have an actual DRO Personal Hearing request on file, you best be sure any and all New and Old Material Medical Evidence is in the rating Dept's Claims Folder. You won't know until well after the DRO Reviews your File and either Awards or sends you a Continued Denial in the form of a Supplemental Statement of case. Then it's too late and your BVA Bound, another 2+ years. I think your contention is you think you should have been rated at 100% for PTSD, right. That could be a tuff sell, depends on how compelling your medical evidence is.

As for the VA Vocational Rehab program. The Denial Letter is not an automatic. If the VA expert believes you are not precluded from completing the Voc Rehab Program due to your SC conditions, you won't get the "Letter." I think you mentioned that a VA C&P Dr (Psychiatrist-PTSD?) shot down your being unemployable due to playing Vidieo Games. Might be time to get an actual VA Vocational Rehabilitation Expert's opinion. Could only hurt if he/she believes your are capable of being retrained for "Gainful Employment Income" providing job. They don't care what previous training or education you have had. It's all about how you are today, do your SC conditions make you unemployable currently or not.

You have to do what your comfortable with. Looking at your previous posts, you need to do your due diligence and use any and all the tools available to you. Good Luck!

Semper Fi

Gastone

[11cvolley]

11: Just went back and chked your prev posts to get up to speed. It appears you were awarded PTSD @ 70% about 08/2012, did you get an "Inferred IU claim Pending" notification with this PTSD award? Did you subsequently file an IU Claim that was Denied? What was the VA's reason for Reducing your 30% SC and did you appeal that decision, DRO or BVA?

Were you or are you now using a VSO-Rep for your NOD or NODs? What does your Rep say?

Have you provided your VARO rating Dept with any and all New & Material Medical Evidence post Denial Decision? Are you sure they got It? It sounds like your currently waiting (2 yrs?) on a DRO Review, not a DRO Personal Hearing. If you don't have an actual DRO Personal Hearing request on file, you best be sure any and all New and Old Material Medical Evidence is in the rating Dept's Claims Folder. You won't know until well after the DRO Reviews your File and either Awards or sends you a Continued Denial in the form of a Supplemental Statement of case. Then it's too late and your BVA Bound, another 2+ years. I think your contention is you think you should have been rated at 100% for PTSD, right. That could be a tuff sell, depends on how compelling your medical evidence is.

As for the VA Vocational Rehab program. The Denial Letter is not an automatic. If the VA expert believes you are not precluded from completing the Voc Rehab Program due to your SC conditions, you won't get the "Letter." I think you mentioned that a VA C&P Dr (Psychiatrist-PTSD?) shot down your being unemployable due to playing Vidieo Games. Might be time to get an actual VA Vocational Rehabilitation Expert's opinion. Could only hurt if he/she believes your are capable of being retrained for "Gainful Employment Income" providing job. They don't care what previous training or education you have had. It's all about how you are today, do your SC conditions make you unemployable currently or not.

You have to do what your comfortable with. Looking at your previous posts, you need to do your due diligence and use any and all the tools available to you. Good Luck!

Semper Fi

Gastone

My 30% went to 0% because my ptsd is causing me breathing problems, not asthma.

I think what I got with my award was the paperwork to start an IU claim.

I have a VA lawyer, but the VA hasn't given him anything yet. Its been 6+ months since I retained him. Maybe the VA will send him my c-file after the DRO review???

I provided all new evidence and it is on file that I requested a face to face with a dro.

Going back and reading the c&p examine for iu/100%, the doctor is saying that I am much worse than previously thought, and his comment regarding video games is him stating i'm capable of some work. He never said/wrote anything about me being able to work.. I think whoever had my case rushed it and was looking for a reason to deny me to get to the next case; otherwise, I can't understand how playing video games would mean I can hold gainful employment.

[Gastone]

11: You said 2 very interesting things, "some work & PTSD caused breathing Problems." The "some work" could be "gainful employment income" so the rater bones you for now, that's where a VA Professional Employment Councilor's opinion could help you. The "PTSD & Breathing Problem" is a possible 50% SC SA claim as Secondary to PTSD. You need to get a VA Sleep Study done. I never snored (Classic symptom of SA) but was DX'd with Severe SA 04/11 Secondary to CAD 01/06 with PTSD 70% 08/11.

The 50 for SA on BiPap would get you to 90%, but the SA symptoms are very employment limiting. Not to mention, SA left untreated, will kill you. ???? Is there an official DX or Medical statement in your Med or C File indicating the breathing Problem is more likely the result of your DX'd PTSD? That could make your SA Claim a FDC.

Semper Fi

Gastone

[11cvolley]

11: You said 2 very interesting things, "some work & PTSD caused breathing Problems." The "some work" could be "gainful employment income" so the rater bones you for now, that's where a VA Professional Employment Councilor's opinion could help you. The "PTSD & Breathing Problem" is a possible 50% SC SA claim as Secondary to PTSD. You need to get a VA Sleep Study done. I never snored (Classic symptom of SA) but was DX'd with Severe SA 04/11 Secondary to CAD 01/06 with PTSD 70% 08/11.

The 50 for SA on BiPap would get you to 90%, but the SA symptoms are very employment limiting. Not to mention, SA left untreated, will kill you. ???? Is there an official DX or Medical statement in your Med or C File indicating the breathing Problem is more likely the result of your DX'd PTSD? That could make your SA Claim a FDC.

Semper Fi

Gastone

I just did a little googling on SA and from reading other people's post is like looking in a mirror. I had to move the garbage can into my garage so I could take the trash out. I don't like having windows open or the blinds open in fear of people seeing me inside my house. I get super quite when I hear someone near the house. I've even missed getting my medicine that I have to sign for. But I do have good days when I can go out. For the sleeping part I have times when I wake from a nightmare I found that I punched the fan next to me or kicked. My wife says I don't snore.

A lot of the symptoms on http://www.helpguide.org/articles/anxiety/social-anxiety-disorder-and-social-phobia.htm I have, but won't that give the VA reason to lower my ptsd rating?

[Fat]

Interesting................