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

[Desertsun]

52 minutes ago, GeekySquid said:

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.

Wow, the calculations are quite confusing Geekysquid. Initially in 2003 I filed for PTSD/MST but it seems it was changed to MDD, I didn't know if there were differences. I read in my decision this statement:

"The medical evidence reflects that the veteran is diagnosed with MDD as well as PTSD. The claim has thus been recharacterized as one of service connected for an acquired psychiactric disorder to include ALL potentially diagnosed psychiactric disorders. See also Clemons v. Shinseki, 23 Vet App 1 (2009)". I'm just wondering what could mean?

[GeekySquid]

1 minute ago, Desertsun said:

'm just wondering what could mean?

it means they xxxxxx up your MST claim and you now have a path to correcting that.

Read the MST forum. learn more.

we just had one of the elders post that they were miffed that veterans here suggest to newcomers that a lawyer may be their best option

Well in you case, after doing your own research, a lawyer may just be your best most efficient option

I strongly urge you to dig into the forums here and on the VA;s admission that they F'd up MST claims for years and what you can do about it today.

Then decide for yourself the best path to take.

The average person, with a lot of study and learning, can take their own claim through the BVA process but at that point professionals become a better bet if the veteran loses at the BVA

[Desertsun]

27 minutes ago, vetquest said:

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.

Thanks Vetquest, I was hoping for that but it didn't look likely since at VA.gov referenced the claim appeal from 2011. Is it safe to assume that they will just go back to when I filed my appeal? Also, how doees EED work?

[Desertsun]

29 minutes ago, GeekySquid said:

it means they xxxxxx up your MST claim and you now have a path to correcting that.

Read the MST forum. learn more.

we just had one of the elders post that they were miffed that veterans here suggest to newcomers that a lawyer may be their best option

Well in you case, after doing your own research, a lawyer may just be your best most efficient option

I strongly urge you to dig into the forums here and on the VA;s admission that they F'd up MST claims for years and what you can do about it today.

Then decide for yourself the best path to take.

The average person, with a lot of study and learning, can take their own claim through the BVA process but at that point professionals become a better bet if the veteran loses at the BVA

That's interesting Geeksquid my VSO caught that as well but didn't suggest that I should do anythng about it. I am glad the judge saw the information in my file and addressed it in the decision. I did initally file PTSD/MST and it states in my records by the DR. that i suffer from depression and PTSD due to MST. I don't have much faith in the VA system when it comes to compensation. I tried a few lawyers as every single one flaked on me. I send them my information and they don't call back or they wanted me to pay to see an outside Dr. or I call and call they don't respond.  I gues I need a good referral. I have 40% for my back due to falling into a cement foxhole in basic training. I spent years with herniated discs, had surgery resulting in a fused L4-L5. It seems you have to totally physically dibilitated for 100 TDIU.

[GeekySquid]

1 minute ago, Desertsun said:

VSO caught that as well but didn't suggest that I should do anythng about it.

that doesn't surprise me but it angers and saddens me. It also depends on when it happened, many of the changes have been fairly recent.

2 minutes ago, Desertsun said:

I am glad the judge saw the information in my file and addressed it in the decision.

your judge did you a big favor here. yes it is there job but cases are complex and even a thoughtful judge might not have caught it.

3 minutes ago, Desertsun said:

I did initally file PTSD/MST and it states in my records by the DR. that i suffer from depression and PTSD due to MST.

was this a VA doc or Civilian? was it in treatment or a C&P? no matter how you slice it, that opinion, if in writing is in your favor on this issue.

4 minutes ago, Desertsun said:

I don't have much faith in the VA system when it comes to compensation.

understood

4 minutes ago, Desertsun said:

tried a few lawyers as every single one flaked on me.

Typically attorneys only take cases they will make money on. They are in business to do just that

I don't know the details of "flaking" but at lower levels of claims and appeals most vets can do it themselves.

5 minutes ago, Desertsun said:

 they wanted me to pay to see an outside Dr.

That is to get an IMO/IME and it is a valid thing to do. Having to pay for one sucks but lawyers don't usually foot the bill for those things against the VA at the lower levels. There is little to no money for them and if you lose or they end up waiting for years to get paid it takes away from the money in their own pocket.

I know you wont find that helpful but that is the reality of it.

7 minutes ago, Desertsun said:

I gues I need a good referral.

there are several good veterans lawyers mentioned on this site, I suggest you search for them.

8 minutes ago, Desertsun said:

It seems you have to totally physically dibilitated for 100 TDIU

that is inaccurate.

TD/IU is an extra-schedular rating and in fact is a unique extra-schedular and unrelated to the extra-schedular ratings for SMC's.

any veteran whose rated service connected disability that interferes with their ability to earn an income based on the average person theory is potentially able to be granted IU.

It all depends on their individual factors and documentation of the outcomes related to their rated condition. so a Vet with a 30% PTSD rating who gets in fights at work, arrested, etc frequently an loses their jobs from it stands a decent chance of getting IU.

 

[vetquest]

13 hours ago, Desertsun said:

Also, how doees EED work?

In these excerpts the VA notes that you had PTSD symptoms back as far as 2003 and you filed a claim for PTSD at that time that was denied.  With the board noting that you are service connected to 2003 and a claim was open you may be able to request an earlier effective date of 2003 instead of 2011.  If they give you a date of 2003 that is all well and good.  If they give you a date of 2011 you would file an appeal of your Statement of Case for the RO directly to the board.  I would cite  38 CFR § 21.1032 duty to assist and 38 U.S. Code § 5110. Effective dates of awards.