ptsd Help on one more please

[sauerkraut1977]

Ok question time again. I have more symptoms such as depression, sleep problems, hypervigilance, work and relationship isolation problems that were not adddressed which are ptsd symptoms i have found outdoing reasearch. That is why i think you guys areright that the lowballed me at 30% and serviced connected me for MH. so on the appeal i need to get the other symptoms included so it will increase my rating?? In regard to tinnitus being denied i was a field artillery meterologist 93F. I was always in the field with the mlrs and 155mm paladins for 19 months of overseas service stations and deployments. I think i will take USMC_VET's advice and find a audiologist. Also i was incarcerated and it shows i have this claim pending...

Pending Disabilities
Disability
Submitted
Type
Actions
Potential Incarceration Adjustments Needed. Veteran On Parole As Of 6/8/2015
07/22/2015
NEW
View Pending Claim

 

So Anynody have a guess to what they might do here. My guess was they might back pay at 10% for the 7 years 4 months i was locked up for assault or does it mean that since i have been deemed as service connected MH would they go back to say when i was diacharged in 2001 and backpay 30% from 2001 to 2008 when i got lock up and 10% for 2008 to 2015 when i got released? The reason i know for about the percentage pay difference is that while incarcerated you have benefits still but they will only pay you directly 10%. Any remaining % you have to alot to like a  family member otherwise you loose all that money. Let me know what you guys think. Thanks again for all your advice and guidance. God bless you all. Jason

[broncovet]

Well, yes, you should seek an increase or appeal the disability rating if you feel lowballed.  And, you may need a new c and p exam if you apply for an increase.  To decide whether to appeal or seek an increase, first, how long was it since your rating?  If it was over a year, you can not appeal it.  Appeals have to be done in a year, absent CUE, or they will be denied.  

Have you ordered your cfile?  

You need to try to find out if VA included ALL your pertinent evidence in the RO decision.  If the Va did not use all your evidence you can reopened under 38 cfr 3.156.  To be sure which to do (request an increase, appeal, file a new claim, or reopen under 3.156, or file a CUE), you would need to look at your medical records, the RO decisions, and your cfile.  Generally, if you file:

a)reopen due to 3.156 you can submit new evidence

b)file an increase, you can submit new evidence

c) appeal, you can submit new evidence (but not at the CAVC level.   The CAVC is a trier of law, not a trier of fact.  Facts are determined by RO and BVA. )

d)CUE you can NOT submit new evidence.  

 

 

[sauerkraut1977]

i am in the process of waiting on my c&p exam results from VES. they just closed my claim on 11/30/15 and ebenefits is how i found out i got a 30% rating, i still have not got my award letter yet. should i wait untill i get a paymemt or backpaid before requesting my c file? I think i read on here somewhere it might take a month for everything to show up in there. i will definately take your advice and go to my vso rep and see what all they have and say. needless to say it is real early and i just want to get as much info as possable so i can get what i need all put together so i have my shit ready and all on point before i submit my appeal.  thanks for all the help and info!! take care. jason

[broncovet]

Unless you are fine with your 30% rating, then YES order a copy of your cfile.  It may take months and months to get it.  If I recall, mine took about 4 months. 

Your Cfile will help you and your representative decide which is the best way for you to go, such as:

1.  File a Nod.

2.  Reopen due to New and Material evidence under 38CFR 3.156

 

[Andyman73]

sauerkraut,

My father was FDC for 12 years with the 8" self propelled long distance "love" delivery devices. 

[sauerkraut1977]

That is cool. I went in and was suppose to be 13P FDC for MLRS but after basic they wanted people to switch and saw i went 93F. now it is bitting me in the ass on the tinnitus being denied because i saw 13P on the mos list but minee was not. oh well get this paperwork together and get to work on the appeal. take care

[Andyman73]

Strangely enough, a lot of Vets have struggled with tinnitus claims, even though they were exposed to noise.  And that's just the ones who had noise hazard as a part of their MOS duties.

For me, it was as easy as saying that I worked on the flight line and on aircraft for 5.5 years, as an Aircrew Survival Equipment maintainer.  So I got it right out of the box, no questions asked.