Thank You

[mountain tyme]

MT

Edited April 13, 2007 by mountain tyme

[Testvet]

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

[john999]

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.

[cloudcroft]

Deleted

Edited January 28, 2007 by cloudcroft

[Vike17]

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

[LarryJ]

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.

[john999]

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.