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Vietnam Vet PTSD Claim
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By Joey Ross
OK, I need some advice. I started a HLR in March 2020, and had a new C&P in August of 2020. VA has been waiting on records from JSRRC since then. By my MOS (11B1P), and awards (SWASM, etc.) , plus being in a combat zone and my C&P I'm uploading, should I file to have the VA process my claim with what they have, or wait for them to finish with the records request that could take God knows how long.
C&P exam.pdf
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By paoret82655
I received my decision letter today stating that they lowered my ptsd rating from 70 to 50. They also dropped anxiety and alcohol use. I'm currently pregnant and that is the only reason why I'm not hurting myself but it's only a matter of time before I fall into old habits. I'm doing my best to follow through on therapy with the VA but I don't think I'm getting the best care and I'm afraid once I give birth, I will lose everything like I have in the past because of my ptsd. I feel like the VA isn't listening to my fears and I will keep wash, rinsing, and repeating myself. I want to appeal but I honestly hate talking about my ptsd every single time. What should I do?
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By paoret82655
I applied for 100% unemployability on my own after my VSO did nothing to help with the process back in February 2021. I received my decision this month stating that I was denied and was also reduced from 70% to 50% for PTSD and depression. They removed anxiety and alcohol use. When I was asked questions during my C&P they kept asking me what happened within the last year, not what happened since the date of injury, which was 2013. I'm not sure how to approach this issue any further. I want to appeal but I want my entire case looked at because I feel that I've been unjustly reviewed. What should I do for 100% UI?
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By Irving
Can anyone speak generally, or from experience, on how TDIU claims are affected when the applicant resigned from their last job?
I am 70% SC for PTSD. While I am currently working now, my condition makes it impossible, and management understandably wants to fire me for cause. They cannot do it before the strong union "protecting" me drags things out for months on end. I don't want to go through any of that. If I just resign and leave the job am I sabotaging the TDIU claim I intend to file?
Any insight or advice is appreciated.
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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Seekz, -
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
Joey Ross, -
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VietnamVetSis 19
First off, let me say this site has been extremely helpful to me in developing my brother's VA claim. He's a former Marine - served in Vietnam 1969-70 and was WIA by tripping a grenade booby trap - Purple Heart. He was unemployed for approximately 4 years of the first 8 years he was back. Then in the 8th year, he attempted suicide, taken away in a straight jacket, hospitalized and diagnosed with Schizophrenia, Paranoid Type. In the 5 years that followed, he underwent long-term mental health therapy, was incarcerated for hitting a police officer with his truck (charged with intent to maim/kill), received a Felony conviction, put on Probation, and lost his license. There were many other bizarre behaviors too numerous to list here. My father filed a VA claim for his "nervous condition" in 1982 - The VA denied it saying "evidence did not establish service connection for PTSD - and disorder not shown by the evidence of record - your nervous condition not shown to have been incurred in service." With my parents now gone, my husband (retired USA LTC) and I now financially support my brother, who lives below the US Census Poverty level. His only income is SS retirement. He's on food stamps. This prompted me to re-file his claim. They came back with "disabilities claimed" of PTSD - reopen; Non-service connected Pension - new; Schizophrenia, residual type, competent; Scars - increase; Compentency - new; and Special Monthly Pension - new.
My biggest obstacle has been gathering medical evidence for this claim. I was only able to submit the written diagnosis from his hospital for schizophrenia in 1978 (quite detailed though citing suicide attempt, paranoia, second coming of Christ hallucinations and all that); emergency center invoice from the local County Community Mental Health center in 1982, a physician's report of medical status (schizophrenia-form episode with depressive symptoms) in 1983. I also submitted relevant documents including the Probation Officer's consult with his mental health therapist agreeing his behavior arose from Vietnam combat experience, a Circuit Court judge probation condition that he undergo a year of mental health treatment, and a DMV suspension letter indicating license would only be reinstated on the condition that he file a psychiatric evaluation annually. I've reached out to the hospital, the mental health center, even the County Court reporter to get further documentation. All records have been destroyed in accordance with the state record destruction policy because it's been so long.
The VA has now come back asking for "medical evidence of his permanent inability to obtain/maintain gainful employment". They didn't ask for a medical exam, they didn't offer a medical exam or Field Examination. They made no reference to PTSD or Schizophrenia. (Are they planning to deny it outright or are they perhaps accepting it based on his booby trap trauma??) There is no other medical documentary evidence to be had! I am creating a time line of sorts for them - showing his below poverty earnings and unemployment correlating to the times he was hospitalized and undergoing mental health therapy. DOES HADIT or ANY VET out there have any other suggestions for me as to how to tackle this lack of evidence in my response to the VA? Please come back to me --- they are asking for my response back within 3 weeks. Would greatly appreciate any comments.
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