Pending a Rating Decision

[Rock1982]

I have a 8 year appeal that was granted in May 2019. Entitlement to service connection for acquired psychiatric disorder, to include  post traumatic stress disorders and depression, is granted.

I live in Missouri, but it looks like the San Diego RO has been tasked with assigning the rating. I am already SC for 10,10,and 10 for shin splints and tinnitus which adds up to 30%. I was trying to determine what would my rating be and timeframe backpay would be paid.

My symptoms include : nonetheless the examiner opined that is not to say that his issues with pain and tinnitus have not exacerbated mental health symptoms. In this regard the examiner opined that the veterans chronic pain and tinnitus contribute to several depressive symptoms, including depressed mood, sleep impairment, irritability, diminished concentration and interest in activities, relationship problems, and outburst of anger.

As such the examiner concluded both his tinnitus and issues with chronic pain (not simply limited to shin splints) Are judged to have aggravated and contributed to multiple mental health symptoms. Therefore the examiner concluded that “it is at least as likely as not” that the diagnosis of bilateral shinsplints and tinnitus has  aggravated depressive and overlapping PTSD symptoms beyond their natural course. My diagnosis includes Anxiety disorders too. 

My grant is secondary to existing disabilities.

There is a Remand for Inextricably intertwined with the grant of service connection for an acquired psychiatric disorder, granted in the boards decision herein, because it may be affected by the assignment of the disability rating and effective date for the grant of service connection. Once the disability rating and affective date for the grant of service connection for an acquired psychiatric disorder has been assigned, and after completing any other development deem necessary, readjudicate the claim of entitlement to TDIU are you in light of all pertinent Evidence  and legal authority.

I am not sure but I hope my rating and backpay would be issued before they decide in another possible year for TDIU?

I am also one of the ones who constantly check Benny’s for a rate change or any updates, but it is the same since May 23rd 2019. Has anyone received a deposit before benny’s Update. Since the new process has been implemented?

 

Edited June 30, 2019 by Rock1982
Added info

[rockerson]

Over 4 1/2 months since BVA partial grant, partial denials, no remand.  I sent my local RO certified letter a couple of weeks ago inquiring (pretty much knowing that nothing would happen) about implementing the partial grants.  Heard nothing so far.  If it comes down to a writ down the road, I will at least have that on record.

I have appealed denials to CAVC.  As crazy as  it sounds, is it  possible to get joint remand out of CAVC before original BVA partial grant is implemented? 

[broncovet]

Yes, its possible to get a JMR prior to the implementation of the awards.  The CAVC and VARO operate independently..or so they say.  

[vetquest]

11 hours ago, Rock1982 said:

I know this sounds morbid, but I had hoped, with all of the updates the VA have implemented, things would go a little faster. But let me thank you in your response. My anxiety and depression has taken the best out of me.and frustration is how live these days. I hope my rating is at least 70%. That will make the wait worth it. 

I believe PTSD is never worth it.  It can ruin your life.  Summer is here and I am anxious due to the weather.  My wife notices it, my kids notice it.  Even though I can now handle the heat it still bothers me.  (heatstroke injured)

[Rock1982]

Thank you for the response, I was wondering if anyone has rating decisions done out of San Diego RO,? And if so what was their experience? 

[Kihr]

On 6/30/2019 at 1:27 PM, Rock1982 said:

I live in Missouri, but it looks like the San Diego RO has been tasked with assigning the rating. 

How do you know which area is handling your claim?

[Rock1982]

I asked the 800# (Peggy) they can tell you what VARO has your claim, if you get someone who is really wanting to give you good intel.