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Question Concerning "Statement of Case" Letter

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Schnoodlesam

Question

This is my first post so I'm not sure if I am in the right place.  I received a letter today titled Statement of Case in response to a NOD claim I filed for an increase in my PTSD rating.  One section of the letter reads "Your NOD with the evaluation was received on Feb 11, 2016.  Rating decision dated March 7, 2016 awarded an increased evaluation of 70% for your service connected PTSD, effective February 24,2014.  Your notification of this increased evaluation will be received under separate cover.  My question is this:  Will I get back pay for the difference in 50 and 70% starting February 24, 2014 through March 7,2016?  Also I had requested an increase to 100% because I can no longer work.  I have additional information from my last employer to submit but I don't meet with my VSO until next week.  Is it too late now to submit the information without filing another appeal?

Thank you for any insight anyone can give me, I truly appreciate it.

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6 answers to this question

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  • HadIt.com Elder

If you file an NOD on time, Retro should go back to the date of the claim. If you had requested 100%, and was rated at 70%, you still have cause to

disagree with another NOD. If I understand you post, the date looks like Feb 24, 2014. I'd add the evidence to the NOD as new and pertinent

It might depend a bit on what the previous evidence was. If it was sufficient for a 100% TDIU rating or not. (Regardless of the 70% award, since it might be a "low ball" rating)

You should also be aware that high percentage PTSD awards can result in a VA proposal to appoint a fiduciary. (You really want to avoid that!)

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Thank you Chuck,  My new evidence is the form your last employer fills out stating that you were no longer able to perform your duties at work.  I was let go the week after I filed the NOD.  I am 63 so maybe I should submit that form with a request for TDIU.  My Dr. doesn't think I should try to work again, but to concentrate on being able to control my panic attacks and PTSD.  My disability is due to MST and I was very surprised and grateful to receive a rating at all.

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  • HadIt.com Elder

stay in treatment what ever you do.

If your 70% For PTSD and NOD to increase to 100% I agree with Chuck75   they may rate you 100% but remember 100%PTSD ratings usually gets a fiduciary appointed by the VA  Someone they appoint to take care of your finances , However not always  just be sure the examiner checks the Yes Box ABOUT YOUR FINANCES.

If your 70% PTSD at present.

do you have any other contentions you can file for?   being your 70% you will need additionaly 60%rating to boost you up to 100%

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  • HadIt.com Elder

excuse me the 70%& 60% would not rate you to the 100%  it would be a combined rating of 90%

To get a 100& rating with a 70%rating you will need additionally  90% rating to go with your 70% rate  this would round off at 97% and that would boost you to the 100%rating.

This makes it harder for the veteran to get the 100%  I think they do that on purpose.

jmo

Edited by Buck52
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Yes my total VA rating according to VA math is 80%.  I have 70 for PTSD, 30 for Left Knee and 10 for my back.  I don't think I would be able to get to 100% scheduler rating.

I would like to thank everyone on this site for sharing their knowledge.  I would never have been able to file my MST claim without this site.  Your posts give courage that is needed by so many of us.

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  • HadIt.com Elder

yes a 70% 80% %10% is rounded off at 94.1 so the rating would be 90% rating, you would still need a higher rating  plus the 80% you currently have.

to be 100%

Edited by Buck52
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