ptsd Reconsideration

[Ratthemac]

I'm trying to get advice on my claim. I recieved 30% ptsd when I recieved my letter a lot of the things we did talk about were stated as things I didn't have to get to 50%. The lady that did my exam almost made me feel worse that I was, even asking if I had a service dog!

So I have been trying to get ahold of anyone who could give me guidence, amvets and DAV ive called everyday for two weeks and no one will call me back. I called the va and they advised me to do a reconsideration vs. Appeal. VA advised my wife to send in a letter as well as myself, and also a stressor letter. These were never things I was told before otherwise I would have done them. 

Is this the right way to go?

Edited February 25, 2016 by Ratthemac

[Ratthemac]

51 minutes ago, pete992 said:

Okay the crazy one here.  Since you are already service connected for PTSD as Ms. Berta said you do not have to prove your stressor, that part of the battle is won in your favor. What you need is medical treatment records or progress reports that show that your PTSD should have been rated higher than 30%. Since you were just rated 2/6/2016 you can file a request for reconsideration at your local Regional Office but keep an eye on your NOD timeline. If VA makes a new decision that you disagree with or if VA denies you a higher rating before 2/06/2017 you must file a NOD on the 2/06/2016 decision and not the new decision.  Also if VA does not complete your request for reconsideration prior to  12/06/2016 than you should also file a NOD on the original decision 2/06/2016.  I hope this is not confusing.

Let's try this, in trying to help a veteran friend out, he was given a rating decision on 12/1/2013. He disagreed with the effective date and the rating percentage and wanted to file a request for reconsideration. I told him to go ahead and file a NOD. We talked and I finally agreed to help him file a request for reconsideration 1/5/2014. VA processed the request for reconsideration and granted the higher rating percentage but totally ignored the request for earlier effective date. The higher rating percentage was given the 1/5/2014 effective date and nothing more. Since VA was nice enough to process this claim so quickly 9/17/2014. To get the correct effective date he had to file a NOD by 12/1/2014 and he did on 10/14/2014 still within the one year of the 12/1/2013 rating decision. The point is filing a request for reconsideration does not stop or pause the NOD timeline. Keep a very close eye on that puppy because if you miss that deadline, you miss any kind of way of getting the correct effective date.

Hope this helps    

I think I understand this. I need to file a NOD even while doing the reconsideration or should I just skip the reconsideration and do the NOD? Or just do both? Thank you so much for all the help. I'm trying to figure out all the terms here still. 

[flores97]

I would go ahead and file the Request fir Reconsideration, but (excellent advice given from Ms Berta, Broncovet, and Pete992), keep an eye on your NOD deadline. Remember, filing the Reconsideration does not stop the clock on your NOD deadline, so even if you file the Request, within one year of the date of award giving you the 30% PTSD rating, you MUST file the NOD, if they(the VA) have not responded to your reconsideration. I would resubmit all the evidence you have, try highlighting the info you want to make sure they read, and get as many statements (your own, wife's, and buddies), as possible.

[flores97]

Ms Berta, thank you for the encouragement. While I have nowhere near the experience many others on this site have, I will continue learning as much as possible and try to help other vets as much as this site has helped me. I appreciate you, and all the other vets that choose to contribute their time on this site and share knowledge. Thank you

[Ratthemac]

[Guest]

1 hour ago, Ratthemac said:

I have never been treated. I've been out for 10 years with about 12 jobs. If there was an issue I'd often just quit. It's been hard to hold down a steady job so I haven't had insurance. I made an appointment once I was approved but it won't be until the end of april. I can upload award letter but like I said above some of the things they said I didn't have were things that we dogs talk about at my exam. Where can I find a c file?

AT this point you are rated service connected for PTSD, even though you have an appointment in April. If you feel that you need to be seen you can go to the VA hospital or one of their clinics to be seen and treated.  I attached the rating criteria below, so you can see.  I understand that you disagree with VA's decision but now you need medical evidence with a medical rationale that your condition is worst than what you are rated.  You can also try to see a VA social worker or psychologist at one of the VA's out clinics. There should be one close to your county. As I stated above you can file a reconsideration and give VA some time and you some time to get more evidence but if nothing is done by end of the year. You need to go ahead and put that NOD in to protect you most earliest effective date.

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.100%

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.70%

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.50%

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events).30%

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication.10%

A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication.0%

 

Flores my apologies, good advice. I did not overlook your post I just try to stay focused on what the OP (Original Post) is asking.  I know that there are times when we need to go directly to the regulation but I also feel that sometimes we do not need to give too much information about what the veteran is asking for because this could cause confusion.  We are all here to help one another and the more response that is given to a post the better the veteran has to choose what steps to take.

 

 

[flores97]

Pete992, I agree completely, you are absolutely right. I learn a lot on this forum and appreciate all of it.