Thank You

[mountain tyme]

MT

Edited April 13, 2007 by mountain tyme

[cloudcroft]

Deleted

Edited January 28, 2007 by cloudcroft

[cloudcroft]

john999,

I think Vike17 was hinting at this: If you submit a claim that has no or little merit, you waste VA time and just clog/slow-down the system. Accordingly, many other vets with GOOD claims have to wait longer to have THEIR claims processed.

I think that's basically it.

-- John D.

Edited January 28, 2007 by cloudcroft

[Vike17]

Cloudcroft,

"I believe mountain tyme thinks she HAS a case for an increased disability rating...and she will certainly need that if she is going for TDIU because 50% only is not going to cut it"

Mountain tyme was referring to a possible higher rating regarding additional disabilities that may warrant service-connection, not with the PTSD. The probability of those 'other disabilities' and the evidence that VA hasn't seen would warrant IU, not her current symptoms of PTSD.

And you're right, "you don't know all the facts of her (mountain tyme) case, either," that why I stated the following;

"However, as I stated to you before, you should send the SSD aard letter and their Occupational study report along with your application for IU. This will help your other disabilities that we "talked" about in regards of establishing service-connection and ultimetely bringing your overall disability rating up to meet the schedluar requirements of IU"

From your post you were telling her she had grounds to appeal her decision because she should "endeavor to prove that your disability "more nearly approximates" 70% than 50%," when the evidence isn't there based on the C&P exam. Remember, the SSD was only based in part of the PTSD, not entirely on it.

So actually the arguments of a higher rating for PTSD were irrelavent in this case and not applicable. Even Berta pointed out "I feel, that if you get SSA for the same reason as the VA claim- they should have given you TDIU at 100% rate as an inferred claim issue-" It was just that all of of sudden the issue of PTSD alone should be appealed because she wasn't working, even though Mountain tyme said herself she thought the decision to be correct. When you look at the symptoms the C&P exam noted and then the criteria of 50% for mental disorders, she basicaaly fits write in there. Even though she isn't working (the 50% criteia states "Occupational and social impairment with reduced reliability and productivity"), the overall symptoms seem to be inline with a 50% evaluation.

Oh, and by the way, if you read Mountain Tymes post, it state: "This is considered a grant of benefits sought on your notice of disagreement."

Vike 17

Edited January 27, 2007 by Vike17

[john999]

Mountain tyme

I think you should appeal. Get another medical opinion while you wait to support a higher rating. If you don't appeal you are going to have to file another claim for an increase and you will have to get another IMO down the line and you lose you earlier effective date if you get IU. Vike is sounding like a VA employee and telling a vet not to appeal is weird when you are so close to what you need for IU. If you can live on SSDI and 50% from the VA then don't appeal.

[mountain tyme]

mt

Edited April 13, 2007 by mountain tyme

[Vike17]

John999,

What you're saying is she should appeal that decision again, regardless if the evidence doesn't support a higher evaluation, just to try and possibly 'find' new evidence. Kind of like a shot in the dark so to speak. It seems that many veterans think they should just file appeal after appeal after appeal in the hopes of reaching that 100% mark regardless if their disbilities warrant it or not.

One of the misconceptions many veterans have about IU is just because a veteran reaches the schedular requirements of IU doesn't mean they will be automatically granted it. Their service-connected disabilities must render them unable to obtain and maintain a substantial gaiful occupation. In Mountain Tyme's case her PTSD is not the sole reason why she is unable to work. Her SSD is based only partly on the current service-connected PTSD. The other disabilities may warrant service-connection based on evidence the VA didn't have in their possession before, so her best approach would to be to request to re-open those claims for the aditional disabilities, as they were previuosly denied by VA, and attach the IU application and additional evidence to it. It wont do her any good to attach the IU form to an appeal for a rating higher than 50%, when her symtoms do not warrant it, then get denied for the higher rating and get denied for IU at the same time. Even if she were able to 'find' a piece of evidence while her appeal is pending that might support a 70% evlaution, the decsion maker will look at the whole record and probably determine that the complete record supports the 50% evaluation anyways. One IMO or treatment record proably isn't goingto do it.

Vike 17