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]

On 7/15/2019 at 8:49 PM, 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.

Good morning,

I have an "UPDATE" on my claim I would like to share and ask for guidance. This morning I saw a deposit in my account from the VA, so I checked ebenefits to find I have been rated for PTSD at 70%. My combined rating is 90% adjusted from 60%. I have not received anything in the mail so I don't know the breakdown. My appeal stated PTSD to include MDD. It looks like the MDD and PTSD were combined. I don't know if the rating person did it properly. I do know that it's not 100% TD/IU and that's what I would like to get. Can you provide any knowledge of how to proceed?

Appeal_18.pdf Appeal19_revised.pdf Appeal20_revised.pdf

[Buck52]

Well they combined the PTSD and the MDD Together because regulations only say we can have just one Mental Disorder rating  so this is good they did that and gave a 90% rating

and if you got 70% for PTSD at a seperate rating,,,this would or should qualify you for the SMC 

But if your 90% is scheduler &  is not IU  then I think that stops the SMC

Usually a 100% rating and another  separate rating of 60% or higher  SMC's come in to play  but if your IU then that is basically a 100% rating even if its at a 90% combined rating (4.15/16 (a &b)  and you can't work due to your 90%  this is when they give the IU.  and in your case if you are IU then the extra 70% for the PTSD should get you SMC (SPECIAL  MONTHLY COMPENSATION)

IF YOU CAN'T WORK DUE TO YOUR S.C. CONDITION OR CONDITIONS  APPLY FOR THE IU.....ALTHOUGH THIS RATING SHOULD PUT YOU UP TO THE 100% RATING  BUT IF YOU HAD THE IU   THEN YOU WOULD ALSO QUALIFY FOR THE SMC's

 

Edited December 4, 2019 by Buck52

[Desertsun]

1 hour ago, Buck52 said:

Well they combined the PTSD and the MDD Together because regulations only say we can have just one Mental Disorder rating  so this is good they did that and gave a 90% rating

and if you got 70% for PTSD at a seperate rating,,,this would or should qualify you for the SMC 

But if your 90% is scheduler &  is not IU  then I think that stops the SMC

Usually a 100% rating and another  separate rating of 60% or higher  SMC's come in to play  but if your IU then that is basically a 100% rating even if its at a 90% combined rating (4.15/16 (a &b)  and you can't work due to your 90%  this is when they give the IU.  and in your case if you are IU then the extra 70% for the PTSD should get you SMC (SPECIAL  MONTHLY COMPENSATION)

IF YOU CAN'T WORK DUE TO YOUR S.C. CONDITION OR CONDITIONS  APPLY FOR THE IU.....ALTHOUGH THIS RATING SHOULD PUT YOU UP TO THE 100% RATING  BUT IF YOU HAD THE IU   THEN YOU WOULD ALSO QUALIFY FOR THE SMC's

 

Buck52

Thank you for responding. ebenefits just states the following. I guess I have to wait for the rating letter in the mail.I don't think I have IU because in my last claim I didn't ask for it in the claim/appeal. SoI guess my next step it do that. Will that interfer with the current rating and compensation payment?

[Buck52]

well all these rating %  added up to round out at 90%

So actually they did include the MDD and PTSD Together as one rating

I don't see where they gave you a 90% rating separate to the MDD?

ITS INCLUDED IN YOUR PTSD AWARD.

Looks like they combined them together and rated it under the PTSD

You just have to wait until the bbe COMES IN.

TO KNOW FOR SURE.

IF YOU APPLY FOR TDIU  THEN IF YOU HAVE ANOTHER RATING AT 60% OR MORE THEN  THAT WILL QUALIFY YOU FOR THE SMC's

if you can't work for all these didabilitys that you have    VA sHOULD HAVE SENT YOU A FAST LETTER FOR TDIU...SO THIS ACTUALLY COULD BE CUE if they failed to do that...although you do need to Apply for the IU  but like I mention if VA Knew you could not work due to all these disabilities  they should have infrred the TDIU

Edited December 4, 2019 by Buck52

[Berta]

With the 70% PTSD, they might have deferred the TDIU- the TDIU app might come with the decision.

[Desertsun]

Berta & Buck52, thank you for responding to my post. I appreciate our time and knowledge. Is there a place for me to view the rating decision on ebenefits?