ptsd Filing My Appeal

[Cavman]

When I appealed my 50% PTSD decision in September I just wrote an NOD on a piece of paper and stated why I disagreed and served notice I was appealing the decision. I later got a letter asking how I wanted it decided and I answered that and mailed it. I sent in all my new evidence and thats all I`ve done. Is that all I need to do?

I read tonight on Military.com that I needed to file what is called a substantive appeal on a Form 9. I never did this. I hope I haven`t been sitting here waiting on nothing. I mean they must recognize it being they ask me how I wanted it decided and also sent notice that they are going to decide new claims before deciding the appeal.

Cavman

[sixthscents]

Ricky -

What Berta said... I agree. Plus DONT MISS ANY DEADLINES. You know this but man they will eat you alive if they can.

[Ricky]

Berta - yep the 60 days past a long time ago. The denial was December 2005. I sent the form 9 in within the 60 day period so I perfected the appeal according to the rules. Therefore, I am ok on the time requirements.

It is the Montgomery RO. They are all a bunch of idiots (raters) can you believe a complete DRO review in 60 days. I think it happened because I stayed on their A-- for the outer space rating they gave it in the first place so they simply said lets get this guy out of our hair. Their normal turn around on a NOD is currently at about the 15 month level. So 60 days was a miricale.

I have all of their unbelivable iris replies about the DRO hearing that I requested.

We all know it is just a silly game. I guess since it is still in appeal I can not now claim CUE. The CUE would be based upon the failure to provide an adequate SOC therefore, not allowing me to properly appeal the denial and failure to apply 38 CFR and in the areas that the CFR was applied they used the wrong disability rating code (I think these are CUE issues).

Anyway, I just sit here and wait cause I know that in the end I will win the claim.

I posted my rant because I see so many posts about the way the VA is to handle claims. We all know what they are supposed to do but what they do is a different story. I have conducted a few years of research into the law and medical issuses (this all started in 2000) so I just chalk it all up as a learning experience that maybe can be used to help someone else with their claim.

The rest of my story is that I also have two additional claims pending (outside of the appeal). They have been sitting there for 21 months now without any action. I received the VCAA on both and responded to that. The RO tells me that they can not work on the two seperate issues cause my C File is with the appeals team. I guess they will get to them someday.