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BVA SC Grant question

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Jo55

Question

Hello everyone,

This past July I testified in front of a BVA judge on an appeal from 2015. I just received notification that the judge granted my appeal for SC for PTSD, depression, and anxiety. He ruled that the examiner’s report was inadequate, but I also provided many IME opinions and VA provider notes that contradicted the VA exam.

Although the examiner did not SC me, he did provide a diagnosis of PTSD, depression and anxiety at the 10% level.

Now my question is, how will VBA rate me? Will they go through the multitude of VA notes from the previous four years while I have been on appeal to assign a rating? I go to the VA for treatment no less than monthly for my MH issues. Will I have to undergo another VA exam since the first one was deemed inadequate by the judge? I’m so worried about it because having to re-hash the details again is not something I want to do. Plus, my symptoms are way worse than a10% rating. I am afraid of getting low-balled and ending up in appeal again. Is there anything I can do in the meantime besides going to all my VA MH appointments? Will the rater look at the most recent notes?

Thank you in advance for any insight.

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I am thinking that you have not received the full decision yet, is that true?

The BVA will make a decision on your rating or remand the case back to the RO for another C&P or a rating based on your IMO.  If the remand route is taken, once a decision is made at the RO if you can agree with the decision or have it sent back to the BVA for them to approve of the rating or change it.

Keep all of your appointments, the VA likes to see you are making your MH appointments the same as your doctor appointments.

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If you have received the BVA decision, then, yes, you have to wait for the VARO to implement it (with a decision).  Yes, this takes time.

Mostly, dont worry about your rating, rather, celebrate your victory at BVA!  

Worrying about it wont change the results anyway.  It will just stress you out.  

While its true that, beyond denials, and delays, the VA's third favorite thing is lowball ratings, you will simply have to wait to see if that is the case.  

Once you apply for VA benefits, the VA wants you to apply again, and again, and again...for the rest of your life..to get your full benefits.  They give em out one piece at a time, like trick or treat candy, you dont get the whole bag.  

Some people reach "maximum" benefits, while others give up, die, or "settle" for a low ball rating.   Sometimes VSO's "help" this along by advising Vets "not to poke the bear" and just settle for what they give you and not appeal.  Bad idea.  

I applied in 2002, and am still in appeals.  I "might" be all through in 2022..which is about how long it took Alex to get his benefits..about 20 years.  

VA can no longer count up days, weeks, months or years it takes to get benefits, now they we begin to count "how many generations" does it take to get VA benefits.  

Edited by broncovet
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