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 12/4/2019 at 1:52 PM, Berta said:

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

Thank you again Berta. I received the rating decision in the mail. I don't quite understand thedecision or the rating. Any feedback would be appreciated.

[Berta]

Apparently nothing triggered them to send you the TDIU application.

Are you employed?

Do you agree with the 70% for PTSD?

Can you give us the BVA Docket and citation #?

[Desertsun]

1 hour ago, Berta said:

Apparently nothing triggered them to send you the TDIU application.

Are you employed?

Do you agree with the 70% for PTSD?

Can you give us the BVA Docket and citation #?

Berta,

Thank you for reponding. I do not agree with the decision. I was rated at 70% starting 11/7/2019. It seems unfair I was rated at 30% from 2010-2019. I was diagnosed with PTSD in 2010 and it clearly states that. I am grateful for the increase. I just think my rating was not considered properly. I want to move forward to TDIU and adding another condition. I spoke to my American Legion rep about and he says they did it correctly. I don't believe that. It seems the rating was rubberstamped to me. I appreciate any feedback and assistance. My BVA # is 15-31 184

[Berta]

This appears to be the BVA grant:

https://www.va.gov/vetapp19/files6/19148592.txt

I believe you feel the 70% should have been 100% or TDIU- however TDIU is not awarded to anyone with substantial employment.

The criteria for 100% is here :

 

"A 100 percent rating is assigned when there is total 
occupational and social impairment, due to such symptoms as 
gross impairment in thought processes or communication; 
persistent delusions or hallucinations; grossly inappropriate 
behavior; persistent danger of hurting self or others; 
intermittent inability to perform activities of daily living 
(including maintenance of minimal personal hygiene); 
disorientation to time or place; and memory loss for names of 
close relatives, own occupation, or own name.  38 C.F.R. § 
4.130, DC 9411."

https://www.va.gov/vetapp10/Files1/1003321.txt

My husband at 30% SC PTSD, applied for a higher rating and TDIU.

I had to become the claimant  after he died.The VA granted 100% SC PTSD , posthumously ,with an EED back to the last day he was able to work.

He had been granted SSDI solely for PTSD.Much of the evidence I sent was to show the documented difficulties he had on the job  as well as in Voc Rehab.

He always maintained good hygiene, and was not suicidal in any way. He also maintained his memory well of Vietnam but all of the other symptoms had been met.He also had two VAMC hospitalizations for PTSD.

There were other factors to this award.He had been a VA employee before he worked for the Electric company.

He was seen by the VA's employee psychologist, which was inappropriate after he left the VA,. It took me quite a battle to get him to the PTSD psychologist and that was part of his 1151 claim. For 5-6 years his VA employee psychologist never documented anything and never really delved into his PTSD. But once he was given the  VA PTSD psychologist, everything changed.

On a battery of test the PTSD doctor did, the results of his PTSD were found to be " catastrophic."

VA never mentioned the TDIU app so I think that is because he was dead at time of adjudication.

There is a lot to getting a 100% SC PTSD rating.

 

 

 

 

 

Edited December 11, 2019 by Berta