mountain tyme Posted January 25, 2007 Share Posted January 25, 2007 (edited) MT Edited April 13, 2007 by mountain tyme Link to comment Share on other sites More sharing options...
HadIt.com Elder Testvet Posted January 26, 2007 HadIt.com Elder Share Posted January 26, 2007 Good deal as long as he has basis, I have seen people with SSD and it had nothing to do with PTSD (me) and still got 100% PTSD P&T because my shrink wrote even if I didn't have any other medical problems the PTSD alone was so bad that I am considered completely and totally disabled by it. Thats why I asked some people are disabled for other reason by SSD and it has nothing to do with the VA then the wording of the doctors statements gets real razor sharp 100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD a disabled American veteran certified lol "A journey of a thousand miles must begin with a single step." Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted January 26, 2007 HadIt.com Elder Share Posted January 26, 2007 You got to be careful when you bring up conditions that are not SC. The VA will sometimes blame your inability to work on the NSC conditions. They took half a sentence out of one doc's report and used it to delay my IU and I had 70% already. Link to comment Share on other sites More sharing options...
cloudcroft Posted January 26, 2007 Share Posted January 26, 2007 (edited) Deleted Edited January 28, 2007 by cloudcroft 70% TDIU/P&T Army - RVN - 1969-70 (10th Cav/4th ID, II Corps RVN) USCG - Galveston, TX - 1976-78 (USCGC Valiant, WMEC 621) Link to comment Share on other sites More sharing options...
HadIt.com Elder Vike17 Posted January 26, 2007 HadIt.com Elder Share Posted January 26, 2007 (edited) Cloudcroft, Those two regulations are use in the context of the 'whole body of evidence' that is in front of the decision maker at the time of their decision. Probably the only two peolpe that know what the overall picture of the disability is, is Mountain Tyme and the RVSR that made the decision. This becomes a judgemental call on the decision maker. Also, the only time a RVSR must use a higher evaluation if the whole body of evidence more accurately portrays a more disabiling picture, is when there is a question of one disability being able to be assigned more than one DC code for a bodily etiology, or when there is muliple diabilities pertaining to the same body area. A god example here is mental disabilities. Otherwise, as I said this becomes a judgmental call on the decision maker. To say; "The phrase "more nearly approximates" applies to your case and I suggest that you endeavor to prove that your disability "more nearly approximates" 70% than 50%" ...is kind of inacurate, because, like I just said, you don't know what applies to her case, and you may be giving her advise that may not be sound. If she thinks the decision is lower than what her disability actually warrants, then she needs to make that decision. To say she should "endeavor to prove that your disability "more nearly approximates" 70% than 50%," is like saying you know for a fact that her PTSD warrants 70% instead of 50%. It comes across as "Appeal, Appeal, Appeal" regardless of the merits of that appeal. Vike 17 Edited January 26, 2007 by Vike17 Link to comment Share on other sites More sharing options...
HadIt.com Elder LarryJ Posted January 26, 2007 HadIt.com Elder Share Posted January 26, 2007 And, as a father that had his 6 year old daughter raped, I do kinda know "where you're coming from", and I appreciate the fact that you needed the closure more than anything else. May G-d Bless you, and cause his countenance to shine down upon you, and bring you peace. "It is cold and we have no blankets. The little children are freezing to death. My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death. I want to have time to look for my children and see how many of them I can find. Maybe I shall find them among the dead. Hear me, my chiefs! I am tired; my heart is sick and sad. From where the sun now stands, I will fight no more forever." Chief Joseph Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted January 26, 2007 HadIt.com Elder Share Posted January 26, 2007 If you appeal the 50% rating to the DRO and ask for a hearing what do you have to lose? I would do it and just submit the SSA award letter at that time. I got my 70% via an appeal. I got IU via an appeal. I got P&T through an appeal. I got service connected for my upper extremity peripheral nueropathy via the appeals route. I have appealed all my decisions over the years and I started at 10% and now I have 80% and the only difference is that I don't work anymore. Link to comment Share on other sites More sharing options...
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