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]

23 minutes ago, vetquest said:

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.

Vetquest, WOW! Thank you for this education. I all the years I have sought assistance through different channels and NEVER have I received such concise answers, coaching, instruction. You, Geekysquid and Berta have been a tremendous help. I hope I don't have to contest the effective date but if I do. I know wht to do and what to reference as my defense for requesting it. Geekysquid mentioned that I need to file for MST. Right now I am under PTSD/MDD which I don't know how or why it changed from PTSD/MST. So, I will wait to hear back from them about what I am rated for before appealing the decision. I will also ask for a increase for my back since that's never going to get better and I am at 40% for that. I will also ask for TDIU but I saw something about SMC as well. Geekysquid mentioned as an additional compensation. I have struggled with work for 20 years, my husband had businesses so I worked at times with hime but I have not had a full time regula job in over 15 years. I was hired by a big company last July but was let go because I had a difficult time with the environment (warehouse).

How can I address that?

I did tell the judge that I hven't had a real job in over 15 years but it's not citedin his decision.

[GeekySquid]

5 minutes ago, Desertsun said:

How can I address that?

I did tell the judge that I hven't had a real job in over 15 years but it's not citedin his decision.

TD/IU has several variants and is one of the hardest claims. There is a schedular and an extra-schedular variant of TD/IU. The VA hates the extra-schedular version and does not seem overly fond of the schedular version either.

I highly recommend the Veterans Law Blog and Chris Attig. He is an attorney cited on here frequently. If you can afford it he has a great manual on TDIU.

As for addressing it.

The VA is supposed to view any request for an increase as a request for TDIU and send you a form to fill out. This may or may not happen. Typical VA.

To avoid the delay you can directly file for TD/IU as an independent claim. There is a form to fill out.

You should get your SS records showing your employment history and LACK of paying into the SS system. The VA will get one, but be proactive and attach it to your claim.

Get lay statements from previous coworkers and employers saying you could not do the job because XX, YY, ZZ. etc. If you were fired get a letter saying exactly that from the employer.

If the employer is unwilling to say anything officially try your former supervisor.

gather your medical records, increases, complaints, pain meds etc.

Draw the VA a picture using the evidence, lay statements and medical records.

Literally draw them a map to the info you want them to consider.

Working for your husband's business could and I say COULD count as a protected work environment. Research that phrase and understand it's parameters. It has to be documented and here on Hadit and on Veterans Law Blog you can find out more.

You will have to do the research yourself.

 

[Desertsun]

23 hours ago, GeekySquid said:

TD/IU has several variants and is one of the hardest claims. There is a schedular and an extra-schedular variant of TD/IU. The VA hates the extra-schedular version and does not seem overly fond of the schedular version either.

I highly recommend the Veterans Law Blog and Chris Attig. He is an attorney cited on here frequently. If you can afford it he has a great manual on TDIU.

As for addressing it.

The VA is supposed to view any request for an increase as a request for TDIU and send you a form to fill out. This may or may not happen. Typical VA.

To avoid the delay you can directly file for TD/IU as an independent claim. There is a form to fill out.

You should get your SS records showing your employment history and LACK of paying into the SS system. The VA will get one, but be proactive and attach it to your claim.

Get lay statements from previous coworkers and employers saying you could not do the job because XX, YY, ZZ. etc. If you were fired get a letter saying exactly that from the employer.

If the employer is unwilling to say anything officially try your former supervisor.

gather your medical records, increases, complaints, pain meds etc.

Draw the VA a picture using the evidence, lay statements and medical records.

Literally draw them a map to the info you want them to consider.

Working for your husband's business could and I say COULD count as a protected work environment. Research that phrase and understand it's parameters. It has to be documented and here on Hadit and on Veterans Law Blog you can find out more.

You will have to do the research yourself.

 

Geekysquid thank you, that answers a lot. I had no idea all of this could be done. I will visit the law blog you suggested and post here when I get updates. I did call 1800 today  and was told it was still beig worked on. To my surprise the rep stated it looked liked they were going retro to 2003. I am hoping for that but won't believe it until I see it. I did not have a rating decision but rep said I should check in once a week because I could see it in my bank account before getting formally notified. Why do they do that? I would be nice to see money in my account but would like to know ahead of time what to expect and why? I guess I should just be grateful. Truly, there will be no complaints from me.  I will post the updates/outcome I hope soon.

[GeekySquid]

9 hours ago, Desertsun said:

To my surprise the rep stated it looked liked they were going retro to 2003

when you call Peggy those agents are not supposed to make any comment on your case until at least 10 days after your letters have been mailed out with the award info. I hope yours was telling you the truth and not just babbling.

9 hours ago, Desertsun said:

Why do they do that? I would be nice to see money in my account but would like to know ahead of time what to expect and why?

It is not really an intentional thing. They could, if people really complained, stop depositing the money until after they were 100% sure you had gotten the letter. And if you complain about and make it happen, I will grab a torch and pitchfork and hunt you down!!!!!

The money process is handled by one group the letter by another. Once the signatures approve the amount is sent to Treasury to be electronically deposited. You letter still has to be printed , stuffed in an envelope and mailed out, third class, slow boat to hell.

If we Veterans got together and put forth a demand petition to Congress that insists the our C&P's and Awards are posted automatically onto Ebenefits, we might change that issue with getting the money before the award. It would certainly save printing & mail costs and stress for vets.

9 hours ago, Desertsun said:

I will post the updates/outcome I hope soon. 

please do. we hope for you that it comes very soon.

 

[Desertsun]

On 7/17/2019 at 10:34 PM, GeekySquid said:

when you call Peggy those agents are not supposed to make any comment on your case until at least 10 days after your letters have been mailed out with the award info. I hope yours was telling you the truth and not just babbling.

It is not really an intentional thing. They could, if people really complained, stop depositing the money until after they were 100% sure you had gotten the letter. And if you complain about and make it happen, I will grab a torch and pitchfork and hunt you down!!!!!

The money process is handled by one group the letter by another. Once the signatures approve the amount is sent to Treasury to be electronically deposited. You letter still has to be printed , stuffed in an envelope and mailed out, third class, slow boat to hell.

If we Veterans got together and put forth a demand petition to Congress that insists the our C&P's and Awards are posted automatically onto Ebenefits, we might change that issue with getting the money before the award. It would certainly save printing & mail costs and stress for vets.

please do. we hope for you that it comes very soon.

 

Good Day All,

I want to give an update my appeal, hope it's helpful. I call the 800# yesterday and was told there was some notes on my file. There had not been any activity on my file prior to yesterday so, I was anxious to say the least. The rep stated that there was notes but was unsure about what it was stating but believed they were requesting a C&P exam. I didn't understnd that since the BVA decision was:

IN THE APPEAL OF
at least 2003, when a VA examiner diagnosed the disorder. After careful analysis
of the record, the Board concludes that the Veteran's depression had its onset
during active service and has existed to the present. This conclusion is based on
three findings. First, the witnesses' observation of such symptoms as declining
happiness, sadness, withdrawal from others, speaking in a sad tone and crying
beginning in 1988 and continuing to the present establish that such symptoms had
their onset during active service, are associated with the circumstances of her MST
and have continued uninterrupted to the present. Second, VA treatment records
show consistent observations of and treatment for depression and dysthymic
·disorder from at least 2003 to the present. Third, and finally, the VA Psy.D. who
diagnosed MDD in 2010 did so based on clinical tests conducted at the time of the
September 2010 consult, in which the Veteran discussed the circumstances of her
MST.
Therefore. an', as the record presents observations of depressive symptoms during
active service and to the present, diagnoses of depression and dysthymic disorder
beginning in at least 2003 and continuing to the present, and a diagnosis of MDD
based, at least in part, on MST, the circumstances of are corroborated, the Board
finds the evidence concerning a causal nexus between the diagnosed MDD and
active service to bee, at the least, in equipoise. According all benefit of the doubt to
the Veteran, service connection for MDD is appropriate.

Service connection for an acquired disorder including MDD and PTSD is
warranted.

Current status

The Board made a decision on your appeal

The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview:

Granted

The judge granted the following issues:

• New and material evidence to reopen claim for service connection, Post-traumatic stress disorder
• Service connection, Post-traumatic stress disorder
• New and material evidence to reopen claim for service connection, Major depressive disorder

If this decision changes your disability rating or your eligibility for VA benefits, you should see this change made in 1 to 2 months.

Please see your decision for more details.

This appeal is now closed

 

**UPDATE**

I called my VSO at American Legion. He looked into the file and says:

 

So as of 8/27/2019, there is a VA Deferred Decision Rating which means a VA Decision Review Officer is actively working your case and these are the notes:

 “BVA has granted service connection for an acquired psychiatric disorder to include PTSD and major depressive disorder (MDD) is granted.

In this exam request please include the MST verbiage.  This was verified.

No medical opinion is warranted, this is simply for an issue occurring in service.

M21-1, Part III.iv.3.A.6.a.”

So to you, be on the lookout for VA notification (usually by phone) that you have a C&P exam to attend for the purpose of getting evaluated so the VA can capture a current “snap shot” of your mental health disability. If requested to attend, you MUST go to this exam. Remember what I said about your “symptoms”. Write down EVERYTHING you are experiencing as per our discussion and that handout I gave you. This will determine what percentage the VA will award you. Once the VA receives these exam results, they will render a new Rating Decision and that will show you what they awarded you (total percentage). We are at the mercy of the VA Healthcare system and how fast Comp and Pension receives the request for an exam and how fast they can schedule the exam, at the VA Medical Center or with an available contractor. Then we must wait for them to prepare the DBQ (medical report), then they submit it back to the Veterans Benefits Administration who must then review it and write that rating decision. That’s why we let our Veteran’s know upfront after the hearing, even if expedited due to age (75 or older), life threatening medical condition, or financial hardship, it might take six months to two years, depending on how much follow-up work is needed. Remember, at the exam, when they ask you how you are doing, please don’t tell them “you are fine”. Let them know what you told me, you have your ups, you have your downs, and you have your occasional emotional flair-ups. This is the hardest thing for Veterans to do; opening up to the evaluator/examiner. Let them know EVERYTHING!!!! I know it’s hard speaking with a total stranger about your issue(s). Thank you for allowing me to assist you and thank you for your service. I am glad I was able to get you this far and I wish you future success.

 Ok, I amnot the sharpest in the toolbox, so I am a little confused as to why the C&P exam now. Please chme in f you understand what's "really" going on.

[vetquest]

The board granted PTSD as a service connected disability after reopening your claim.  The C&P is to decide the current level of PTSD.  This is a good thing because if you do not like the rating you receive you can immediately appeal back to the board after you get your SOC.  Your BVA case will go to the top of the line and will not take as long to process.  Mine was done in about two months after receiving my SOC and appealing.

Your advice received about the exam is excellent.  Do not tell them you are fine.  "I couldn't sleep last night due to nightmares and my anxiety is very high in the heat".  Your situation will differ I am sure but it should give you a place to start.  Open up and tell them all the gritty details and where it has landed you.  It is difficult but must be done for a correct rating.  If you do not open up you are cheating yourself.

Edited August 28, 2019 by vetquest