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

[Rta134]

I received 30% from my depression/ PTSD and 10% from my carpal tunnel. My lawyer suggested I do a reconsideration and gather evidence from my doctors such as letters and a medical questionnaire. I was told it would take  a month for them my reconsideration to come back.

[Berta]

Rta, I hope your lawyer didn't tell you a reconsideration will take about a month.....I had one that took 6 years....they (VA)were trying to piss away my NOD time by acting like they were working on the reconsideration request but luckily I filed the NOD within a few days of the NOD deadline.

When was the decision made for the 30% PTSD/depression and carpal tunnel syndrome?

If it is fairly recent decision, they could possibly get to the reconsideration within  the NOD deadline....one year after the actual decision date.

The lawyer did give you good advise, to gather anything that would put you into the higher rating for the PTSD.

How did you get a lawyer to help without being denied and filing a NOD?

[Rta134]

Well I'm still active duty and it took about 6 months for my case to get back from the VA. The peblo and Chiefs told me it would take a month for the reconsideration. I just want to know of anyone has heard of them lowering the consideration or keeping it the same

[broncovet]

RTA...

    For questions on your claim, you should start a "new" topic, and not ask question about your claim in someone else's topic.  You get more/better answers that way.  Since you are new, Berta has geneously answered your question.. but you will still get more answers if you start a new topic, anyway.  

[broncovet]

Pete:

   Great Post.  Im guilty of giving "too much information".  Over the years I have seen people offer advice.  Some is good, some is downright harmfull.  So, I try to cite my source or give reasons for my answer, tho sometimes my reasons my be faulty.  

    For example, many times my advice would be "hire a lawyer".  Many people would just come back with,

"Why should I hire a lawyer when a VSO is "free""?  I think its important for most people to understand that I dont get a "cut" from a law firm by recommending a Vet hire a lawyer over a VSO.  Instead, I volunteer my time, giving back for the many who have helped me win my claim, to the extent I have won it so far.

    That's why I often explain "why" I think a lawyer is justified.  The biggest reason is that a lawyer often costs no more, and maybe less, than a VSO, especially if the lawyer nets you more money than a VSO.

 

[Gastone]

Ratthe

The ink on your Award letter hasn't really dried yet, would be a great time for your VSO-MFIC at your RO, to walk down the hall and do an Informal Reconsideration discussion with the Rater that handled you claim. I have no idea if it would work, worth a try right.

Have you obtained a copy of your PTSD C & P DBQ? If not, check your MHV Clinician Notes. Posting a REDACTED copy, would help us greatly.

Prior to your C & P, did you go over the VA PTSD DBQ? Your PTSD C & P, was a Forensic Exam, conducted by a "Supposedly" trained Forensic Examiner, Psychiatrist or Psychologist PhD. Any "unrelated small talk," was to just put you at ease. From the moment you walked into the Exam, everything you said and did, was used either against or for you.

Your 30% SC could be appropriate, we really don't know, at this point. Much more info is needed.

Do you have New & Material Evidence, that was not submitted and considered by the VA Rating Dept for your PTSD Claim? Feelings Don't Count. Without the NME, a DRO Review or Hearing would be Administratively Denied, not good, next stop BVA. Do you want to wait 4+ yrs for a Hearing?

Get with your VSO-Rep (In-person forget about call backs), for both the Informal Discussion and the Formal Reconsideration, no much hope there but worth a try. Get busy on putting any and all "NME" together for a DRO Appeal. Keep in mind, you don't need "NME" for the BVA Appeal.

What was the exact Date on your AWARD Letter, that's your NOD Drop Dead 12 month start date, DON'T MISS IT!

Semper Fi