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]

21 hours ago, vetquest said:

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.

GeekySquid,

Thank you for the response and wisdom. This whole thing gets tiring after awhile and I have given up on it several times. It's so hard to tell this tory over and over again. I started out just wanting an apology for what happened to me and not being protected. I want my anger, depression, sadness, insominia, nightmares and everything else to go away. But everytime I go through this, I sink back into a black whole. I'm just tired.

[vetquest]

I am not sure if you were speaking to me or geekysquid.  

I know the feeling of being tired.  But you must carry on for a little while longer.  No one is going to apologize to you but you must handle this situation to get some rest.  I do not know if the VA still uses trazadone but it is a great sleep aid for nightmares.  Working on it with a good counselor also helps.  Describe what is like to sink into a black hole to the examiner.  You will do well.

[GeekySquid]

12 hours ago, Desertsun said:

Thank you for the response and wisdom

you are welcome, but you quoted Vetquest who is spot on.

12 hours ago, Desertsun said:

I want my anger, depression, sadness, insominia, nightmares and everything else to go away.

you and only you can make those things go away, or at least make them manageable.

different treatments work for different people.

For me, I give myself 10 seconds to wallow in my self pity over any of my conditions and then tell myself to get over it.

I have night terrors 2 to 3 times a night and sleep 2 to 4 hours a night, never more than 4 even on the hardest meds.

Every day, all day, every person I look at has a dismembered body part over their left shoulder. I have been seeing those for decades. They change with the person and day. They will rotate through a whole catalog of different bloody parts. They don't talk or walk, but a couple gently bob around in an invisible breeze. The people I interact with every day appear in my night terrors and have the flesh stripped off their bones.

Drugs don't help control my anger, anxiety, depression, bi-polar II, PTSD, nightmares, day-mares or any other of my problems. Taking Depakote, Seroquel and Lithim at the same time just made me an angry Zombie.

I am not suicidal or homicidal, but to be honest some idiotic drivers really make me consider helping them complete their attempts at Social Darwinism.

I no longer take the meds and instead use meditation and have developed my rules on holding pity parties and self-recrimination sessions.

It takes a lot of work and a lot of years to  get to 10 seconds; even today I am not always successful in that short a time. But overall it works for me.

I cannot control the night terrors, visions or even getting depressed or anxious. What I can control is how I react and respond to those things.

My point for sharing is that if I can do it, so can you. Decide to get better and do the work. you will eventually succeed, but only if you keep trying.

[McRay]

On 8/28/2019 at 10:17 AM, vetquest said:

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.

If I am understanding this correctly it means after your case has been reviewed by the BVA and if you don't like the rating you can appeal said rating and your case will go to the top of the BVA lineup? I'm having to file a form 9 after filing a NOD for my SC rating and effective date, so the above would only apply after the BVA rules on the form 9?

[vetquest]

The BVA makes a decision and remands your case.  The local office will make a decision and files an SOC.  You can file for an NOD if you are not happy with the case or you can file back to the BVA.  Once your case gets back to the BVA it will still be considered on the original date, you do not have to go from the bottom of the line back up, you start where you left off.  The BVA made a decision on my case and remanded it, it took two years for the RO to decide my case and I went back to the BVA, it only took several months back at the BVA.

Edited September 3, 2019 by vetquest
gramer

[Buck52]

Vetquest is right on,

here is a link that may help you understand a little better just how a Remand Works

https://veterans.perkinslawtalk.com/post/veterans-benefits-what-is-a-remand/