ptsd Iu &50% ?

[kkp]

Some of the things I have been reading hear on hadit doesn’t make since to me especially concerning my case. I made detailed report on my case on 1/18/07, which I won’t go back and repeat. It’s several pages back if anyone wants to read it. Here is some of the things I don’t understand.

1 I have an appeal on ptsd to the bva from June 05, I’m 50% appealing to 70%. This was suppose to be handled at the Huntington ro.

2. I have an nod on my right knee filed 6/20/06.

3. I filed for IU several months ago.

We haven’t had a rep. in this area for over a year, so I called the one in Huntington which has his office in the ro. He was glad to help and bought me up to date on my claims.

A. I was surprised to learn that my appeal to the bva is in Washington DC. Not Huntington.

B. I have a claim before the rating board now. It arrived there on 1/16/07. He said it was a good thing because my file was on the move. He had already told me I was wasting my time filing for IU with only 50%, however, he found out what I had told him about the IU being the only new claim was true. He concluded the IU must be the claim before the rating board, and perhaps they had decided to give me 100% due to the additional evidence I had sent in. (all I sent in with the claim was up to date progress reports and an imo from another physiatrist).

C. I had another claim prepared for hearing loss, tinnitus, and vertigo. I hadn’t sent in, out of fear of clogging up my case. He said it wouldn’t, so I filed it on 1/17/07.

D. Where is my c- file during all this.

Vike 17,Berta,Rick, and any others who can shed some light on this please chime in. It seems to me that my case is running counter to most of the post I have been reading about the last several days.

kkp

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[Vike17]

kkp,

Actually, your claim isn't "running counter to most of the post I have been reading about the last several days." As I've said before, when you put in a claim for IU without meeting the schedular criteria, it first acts like a claim for an increase. The RVSR will see if your disabilities qualify for an increase that meets the schedular requirments for IU, and if they do, then they'll address the issue of IU. So, when you sent in the IU form with the additional evidence, that prompted the VA to evaluate them and then see if you are unemployable due to your service-connected disabilities.

The BVA is and always has been in Washington, D.C. Each regional office does not have their own "Board of Veterans Appeals."

If you sent in the new claims recently, they may affect the IU claim at the Rating Activity. It just all depends how far your claim is back in line at the Rating Activity. It's hard to tell.

As of the January 16, 2007, your C-file was with the Rating Activity. Like I said above, it may get pulled to start work on your new claims if there's a long 'line' of claims in front of you to be rated, or if yours is right up there, the Pre-determination Team may wait until the Rating Activity finishes their work to start work on the new issues.

Vike 17

Edited January 27, 2007 by Vike17

[kkp]

Vike 17 Thanks for your insight. What I was refering to concerning the BVA is when we filed my appeal I was under the impression my case would be heard in Huntington by the panel of Judges that travel to various ro's.

I do remember you saying each iu claim acts as a new claim now.

thanks kkp

[Vike17]

kkp,

What I was refering to concerning the BVA is when we filed my appeal I was under the impression my case would be heard in Huntington by the panel of Judges that travel to various ro's"

This happens if you request a hearing through, I think, what is called the traveling board or something along those lines or there was a teleconference scheduled with the BVA in Washington, D.C. at your RO.

Vike 17

[Cavman]

kkp:

I appealed my 50% PTSD rating in September of last year asking for 100% and sent in an IU form also. I hope to at least be granted 70% with IU. I have excellent evidence and documented stressors up the butt. I was asked, of course how I wanted the appeal dealt with. My question to you is did you ask for BVA decision instead of DRO or is this your second appeal?

Cavman

(No, I do not look like the Geico dude...I was in the cav (cavalry) Lol.

[Guest rickb54]

KKP,

I can't add anything to what Vike said, as usual he has hit the nail on the head... Hang in there and everything will fall into place.

[calnight]

kkp,

I was just awarded 70% and iu.for ptsd. I was at 50%. for ptsd. when you appealed what did you ask for a dro, a traveling board hearing or straight to the bva. In my case i asked for a dro and what happened is i filled for iu in aug of 06 my appeal for increase in july of 05. I filled my iu claim in aug of 06 becuase this is when I had to stop working becuase of my ptsd. what the varo did is work my appeal first for a increase then my iu claim since i was only at 50%. what i have read and seen is if you file new claims in the middle of this process it can hold your appeal up longer. in my opion if you are in the middle of appeal and seeking iu or 100% wait on filing new claims until appeal is done. some will not agree but this is just my opion. so it took around 18 months on the appeal for increase of ptsd and 6 months on the iu app. both awareds came in the same letter 70% and iu. effective date for the increase went back to july of 05 and the effective date of the iu went back to aug of 06. nice back check :P