Starting a new claim

[Machete]

Hi everyone, first off thank you for having such a great site. I'm new here and I've been reading around on here and just wanted to know that I'm on the right track. I already have a 60% rating, 50% for sleep apnea and 10% for tinnitus. I was awarded this rating in 2009 right after I got out. I was an infantry squad leader with the 101st and I deployed to Iraq twice, Kosovo and Bosnia. After I got out I started struggling with what I now know is ptsd. Last month after years of fighting with my wife about getting help I went to the VA and asked to see someone to get help. I went in for my appointment with a psychiatrist and he diagnosed me with ptsd and gave me meds, he also pointed me to a local vet center to see a psychologist. I've been going weekly for one on one counseling and taking my meds. I never went in with the intention of filling a claim, just to get help. But at the vet center they have helped me acknowledged that I have issues and I need real help. They are going to have me sit down with a vet rep to help me file a ptsd claim, I haven't worked in awhile because of my issues and really need the financial help. The vet center says that because of all my combat time, my CIB, and the problems the doctor and the vet center see I have, I shouldn't have much problems with my claim. Is there anything I should be doing to be proactive. They said they want to wait until May to file the claim to have more documentation. Thanks guys

[Buck52]

Why are you only rated 60%??

The 50% 60% &10% you have should be rated at 80%  that is a 82%rating by the VA 82% is rounded to the 80% rate.

OR if your 60% for the 50%S.A. AND 10% Tinnitus? which is rated 55% and rounded off to the 60% rating

you will need a higher rating to get to the 100%   actually you will need at least a 100% PTSD Rating.

b/c a 60% rating and a 70%PTSD Rating will be a 90%combined rating as that is rounded off at 88%    hence rounded off at the 90% combined rating, they only rate PTSD IN 10% 30% 50% 70% Or the Full 100%

jmo

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

Edited April 13, 2016 by Buck52

[Buck52]

You should file a ITF  PTSD Claim  First & then gather up your evidence medical evidence is what you will need, since you have your CIB then you don't need to prove your stressor's as they are waived for combat duty,  you need to get your PTSD Diagnose from the VA Which you have,  you still need a nexus to link the PTSD to your prior military service as the cause of your PTSD   It's obvious that you have it but that's the VA for ya  and that's what they want .

I would do all this myself and not rely on the VSO.

jmo

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

Edited April 13, 2016 by Buck52

[Machete]

thanks for the reply Buck. yea i have 60% total, 50% for the SA and 10% for tinnitus oh and 10% for degenerative back condition. but yea your right even with a 70% I'll still come up short of a 100%. I'll get on that nexus and keep you all informed of where i'm at, thanks for the help brother. ohh i looked up my original claim from 2009 and i used the VFW to help file my claim, are all these vet organizations about the same or is there one better at helping than others? I remember I used the VFW rep at my former duty station and they were helpful, just wondering bro. thanks

[TALON II FE]

I thought the whole point of some of the 'fast tracks' utilized were based on the CIB being enough for the VA to take the veteran's word on events leading up to a possible PTSD diagnosis?  Is a Nexus even required?  Isn't it Presumptive?

[Berta]

I agree with you Talon II---

The CIB should certainly cause the VA to concede the stressor.

Regardless of whatever war period, the CIB denotes the ' fear of and close proximity to' hostile activity that the 2010 PTSD regs cover.

I don't know why a vet rep wants to wait until May to file this.... then again they do need to have a copy of your DD 214, and maybe other paper work, too.

 We did have a situation here about a year ago...wife stated her husband had CIB on his DD 214 but either VA would not diagnose PTSD....

or said he had to prove his stressor and had denied the claim .... that didn't make sense but I don't think the wife ever came back here.....

A CIB is proof of the nexus to inservice traumatic events that caused the PTSD.

 

 

 

[wablackwell]

Buck52 is right, Do a Intent to File(ITF) now so Your back pay will be Started. This can give you thousands of more dollars depending how long it will be until you submit your claim. It will take less than 5 minutes of your time on ebenefits. Good luck and thank you for your service.