ptsd BVA Grant

[lp56]

After almost 6 years of appealing my claim for PTSD due to MST, I finally received a favorable BVA decision in yesterday's mail. Nothing in the paperwork I received tells me what happens next, except that my file will be returned to my VARO and that I'll be getting a survey call about my experience with the BVA. I can't bear the thought of yet another C&P exam, but is that the next step to getting a rating? My last exam was in 2012 and the two exams I did have through this whole process were the worst triggers of all. Can't they just look through all my records and make a rating decision? That may not make sense since the VA had all my records and denied me anyway. They conceded my condition, but they were black and white on the nexus. Once one of my doctors wrote the missing nexus in my medical records, I had everything they required. Does the VARO get ticked off when their ruling is overturned by the BVA? Do they have the last laugh by lowballing them? WIll they try and rate me low starting off so I have to keep appealing over and over? So far this doesn't feel like a victory yet and this battle feels far from over. I really want to feel good (or great) about this BVA win, but since I have no idea of what happens next, I feel a lot more anxious and stressed instead of feeling happy and relieved. As usual, thank you in advance for any information, advice or encouraging words about what happens next.

[Guest]

Yes, this is a success story and you should feel relieved that the battle of getting service connected has been won.  Now your file will go back to your local VARO for them to rate your PTSD/MST. VA may or may not request a new C & P exam but since your last C & P exam was in 2012, IMHO I think they (VA) will most likely schedule you one. If they do not you can always disagree with their decision and file a new appeal even if they do schedule you one and you disagree with their decision you can still disagree and file an appeal.  Keep in mind that the VA the local RO will try their best to pay you the lowest rating possible.  Don't get me wrong VA may do the right thing but you never know and I would not put anything past them, just keep in mind that if VA low ball your rating and you don't file an appeal you will have to live with that decision.  VA is always hoping that a veteran will not appeal and certainly be confused about their regulations.

[broncovet]

 

It sounds like VARO denied service connection, you appealed to the board and the SC denial was overturned.    This means the RO has to grant service connection but will likely decide a percentage.  Low ball or even no ball is a distinct possibility.  This means VA can rate you low, such as 10 percent, or even none, (0%).  VA loves to issue 0 percent ratings especially for hearing loss.  

Remember, its the VA's purpose to deny and delay as long as possible.  Alex Graham recently got benefits back to 1994...that is, a 20 year delay.  

Im still wet behind the ears and am a relative newcomber, with my delay "only" 14 years.  Of course, these delays are "in stages". 

Stage 1.  VA delays as long as they can, then denies.  You appeal. 

Stage 2.  You finally win the appeal and VA delays you again by lowballing or awarding 0 percent.  You appeal. 

Stage 3.  This is when you finally get the percentage you deserve and then VA only goes back a few months, hornswaggling you on the effective date.  You appeal.

Stage 4.  You finally win your effective date, and 100%, and VA hornswaggles you on SMC, such as SMC S.   You dont appeal, because you die.  Your widow does a substitution (if she knows about this), and hires a lawyer.  

Stage 5.  You finally get your benefits, your effective date, your SMC but you are dead and fail to file the nod timely.  The VA informs you that its your fault for not appealing timely.    Then  VA denies survivor benefits such as DIC to your widow.  YOur widow appeals.  She dies before the VA can make a decision, so your family looses out.  VA wins.  

Stage 6.  Your grandchildren decide not to join the military as they heard about "VA benefits", and how long it took for your deceased grandfather and grandmother.

These are the six stages of VA claims process.    

 

Edited April 2, 2016 by broncovet

[lp56]

You are right about the VARO denying service connection, but the BVA did just overturn that decision. The scenario you gave is so depressing and discouraging. I can see how they hope you go away after reading your post. I know 6 years waiting is not long in comparison to many others I've seen on this site, but I was so hoping this was almost over for me. I just had a feeling they wouldn't be happy with a BVA reversal. I wonder how many vets die before their claim is finally settled. I am going to hang on to some hope because I always felt the DRO who initially did my NOD hearing was very sympathetic to me; she sent me to a 2nd C&P and gave me guidance to be honest like I was with her. The main problem is that the examiners wanted to focus on nonservice connected issues instead of service connected. Plus, I never had the nexus in my medical records until I was in the BVA appeal stage. I think if that was in my records during the first or even second C&P exam, I would have been awarded service connection back in 2010 or 2012. In the meantime, I will try to prepare myself in case I have to go for a 3rd exam. Thanks.

[Guest]

Buck, slow down I think you posted your post in the wrong thread.

 

Ip56, I had a BVA judge remand one of my claim twice to get the local RO to grant it and when they denied it a third time the judge then turned around and denied the same claim he remanded forcing me to get an attorney and file a claim with CAVC and when they remanded my claim the same judge granted it before it got back to the local RO.  I thought man this would be easy since the judge fully agreed with me but then he had a change of mind which cost me a few more years of waiting.  So you never know until you get that decision in your hands then you can relax.

[Buck52]

Yes Pete992   oops I sure did,I will delete it from this thread

Apology to the OP.

 

..............Buck