BVA Desicion Unclear

[Desertsun]

I am new to HadIt, thank you all for being so helpful and to the creator of the site, this platform is truly a blessing, God Bless You and your Family. I found this site while researching before my appeal. I recently had my BVA hearing and received my decision. I am unsure how to read the decision but I think it's a decision to grant my PTSD and MDD claim. I have attached a couple of pages for review. I am hoping maybe someone here can shed a little more light. I spoke to my VSO officer and he thinks they have been granted but says I should wait to be contacted again by the VA. Incidentally, my regional office is St Petersburg. Thank you for any assistance/clarity that can be given.

 

Edited July 9, 2019 by Desertsun

[vetquest]

I am only seeing the front page also.  I assume you are scanning this document.  You can scan the document and then drag it to the reply area of your post if yo wish.

[Desertsun]

On 7/13/2019 at 7:24 AM, Berta said:

I only see the first page, a BVA Cover letter,  and I do not use the apps under the Open button.

Others here probably use those apps.

 

Thank you Berta, Geekysquid, Vetquest. I was able to upload the entire doc now. I hope this can provide the missing piece to answer my previous questions.

BoardAppeal_revised.pdf

[GeekySquid]

2 hours ago, Desertsun said:

I was able to upload the entire doc now. I hope this can provide the missing piece to answer my previous questions. 

@Desertsun

The decision letter does indeed grant you SC for PTSD and MDD, what it does not do is say if you are being remanded to the VARO for a rating, or granted a specific rating. At least as far as I can see.

On July 9th you posted " I realize my decision was only 2 weeks ago so I am not getting excited yet. I do currently rate at 60%, hoping for 100%."

what are those ratings for?

Assuming they are not for PTSD or MDD, then it is likely, based on reading your posted decision, to be at least 50% for PTSD.  If your 60% is NOT PTSD/MDD and you get the (minimum I suspect) 50% that puts you at 80% schedular. If that is true the result then you should apply for TD/IU.

Did you explicitly file for MST? or did you just file for PTSD? It is unclear (to me) from the postings or documents if you did.

The grant of reopening will include retro pay back to when you first filed the claim they granted this award against. It will be the difference between you current award and whatever the new rating ends up being multiplied by the number of years since that specific claim. (it is of course adjusted per year based on our annual changes).

Others will have to chime in here, I wish I could give you a more solid answer as to what the next action is or what your final rating will be stemming from this decision letter.

[Desertsun]

1 hour ago, GeekySquid said:

@Desertsun

The decision letter does indeed grant you SC for PTSD and MDD, what it does not do is say if you are being remanded to the VARO for a rating, or granted a specific rating. At least as far as I can see.

On July 9th you posted " I realize my decision was only 2 weeks ago so I am not getting excited yet. I do currently rate at 60%, hoping for 100%."

what are those ratings for?

Assuming they are not for PTSD or MDD, then it is likely, based on reading your posted decision, to be at least 50% for PTSD.  If your 60% is NOT PTSD/MDD and you get the (minimum I suspect) 50% that puts you at 80% schedular. If that is true the result then you should apply for TD/IU.

Did you explicitly file for MST? or did you just file for PTSD? It is unclear (to me) from the postings or documents if you did.

The grant of reopening will include retro pay back to when you first filed the claim they granted this award against. It will be the difference between you current award and whatever the new rating ends up being multiplied by the number of years since that specific claim. (it is of course adjusted per year based on our annual changes).

Others will have to chime in here, I wish I could give you a more solid answer as to what the next action is or what your final rating will be stemming from this decision letter.

GeekySquid, thnks for some clarity. I called 1-800 and they didn't  know what to say is next. I initially applied for PTSD MST strating in 2003. As for my current 60% I have he following:

Hammertoes Left Foot	10%	Service Connected
Herniated Nucleus Pulposus L5-S1 with Degenerative Disc Disease	40%	Service Connected
Depression	0%	Not Service Connected
Hammertoes Right Foot	10%	Service Connected
uterine fibroid claimed as chronic fibroids		Not Service Connected
Hashimoto's disease		Not Service Connected
degenerative arthritis of the spine with IVDS, S/P lumbar laminectomy with residual pain and loss of mobility (previously rated as Herniated Nucleus Pulposus L5-S1 with Degenerative Disc Disease)	40%	Service Connected
radiculopathy, right lower extremities	20%	Service Connected
fibromyalgia		Not Service Connected
Post Traumatic Stress Disorder	0%	Not Service Connected	Personal Trauma PTSD

[GeekySquid]

7 minutes ago, Desertsun said:

As for my current 60% I have he following:

based on those numbers and the VA calculator here

https://www.benefits.va.gov/compensation/rates-index.asp

you have

40+40= 64
64+20 =71

without even getting to your hammertoes which i don't know for sure if they would be adjusted as bilateral. but if they are single rated then,

71+10=74
74+10 =77

so i am not clear why you are being paid at 60%, but maybe someone else will know that.

despite all that I will make a guess that your PTSD will eventually be rated at least at 50%. If this is true and you are 60% that makes you 80%. If you are supposed to be 71% that makes you 86% paid at 90%.

If you get 70% for PTSD and are 60% you become 88, if you are 71 you become 91 and both round to 90%.

Finally if you get a 100% rating on PTSD, combined with your other stuff at 60, you become eligible for Statutory SMC(s) EVEN IF YOU CAN CONTINUE TO PHYSICALLY WORK!!!

either way I would look at TD/IU if you have problems keeping a job because of your mental and physical problems and can document the job losses.

You did not answer if you claimed for MST some where/some when but as I read that board decision you were assaulted and the phrases of "unwanted advances" indicates a sexual assault. You know those details and I am not trying to pry, but if you were sexually assaulted file for MST.

please upload those docs and keep us informed of what happens.

[vetquest]

The procedure that should be followed at this point is that the BVA decision will be returned to the local RO for rating.  It looks good for your rating to be backdated to 2003.  If you are not rated to 2003 file for an EED, the BVA is specific about the 2003 date.  I personally expect a 70% or higher rating for you, which should bring you to 90%.  If you hit 90% be sure to request TDIU.  It depends on whether or not you have worked since then and other factors.  It looks like a strong decision in your favor and I wish you well.  Please keep us apprised of how this is moving and what percentage you gain.

If you do not get a 70% rating get back with us in that I would think you were low balled.