Appeal Nearing the end (Appears to be Good News)

[MKAH]

Hi everyone,

I just looked at VA.gov and this is what I see:

Appeal received September 2016

Up to date as of July 11, 2020, at 9:00 a.m. ET

 

Status

Closed

Granted

Service connection, Post-traumatic stress disorder

_________________________________________

The Veterans Benefits Administration granted your appeal

The Veterans Benefits Administration agreed with you and decided to overturn the original decision. If this decision changes your disability rating or eligibility for VA benefits, you should see this change made in 1 to 2 months.

 

This appeal is now closed

________________________________________

 

However Ebenefits appears to not yet been updated as see below.

 

You have a 80% final degree of disability.
Rated Disabilities

Disability Rating Decision Related To Effective Date

tinnitus 10% Service Connected 03/08/2011

migraines (previously addressed as headaches)

 

50% Service Connected 08/01/2017

bilateral hearing loss 50% Service Connected 02/11/2016

sleep condition Not Service Connected

post traumatic stress disorder (PTSD) Not Service Connected
PTSD - Personal Trauma
______________________________________________

I would expect that should happen soon and I will then be able to view the new percentage?

[toddt]

It seems ebenefits is slow on the upswing.  I too am awaiting what my percentage will be after VA.gov closed my claim saying that "the judge agrees with you". Congratulations to you on the win.  You might want to refile for your sleep condition secondary to PTSD.

[MKAH]

Thank you Toddt,

It's my understanding that my attorney (Woods & Woods) will file for TDIU if it has not already been done by the VA.  I have not been able to work since January 2016 which is confirmed by the social security earnings website and my past tax returns. 

With the new SC of PTSD, any percentage other than 100% (which I will not get), I can only reach 90% "scheduler" (I hope I am using that "term" correctly)?

Interestingly, I thought I would be happier with this great news, but I continue to feel like a second class citizen (former soldier) , beat down and tired.  However, I would have been psychologically crushed if I had been denied again, so I suppose I should just suck it up and be happy with the result. 

With continued mental health treatment, I hope that someday I feel just a little bit better than I have for the past 40+ years?

One thing is for sure, the support and friendliness from members of this board have had an incalculable positive impact on my life.  In particular, TBird, who years ago helped me navigate my way to the crisis hotline which likely saved my life.

Thank you Toddt and all the fine members on this board. 

(Oh...perfect...now I'm crying my eyes out...good grief..)

 

 

Edited July 11, 2020 by MKAH

[Tbird]

Keep us posted and very glad to see your good news.

[MKAH]

Now that I have processed this a little bit, I looked at VA.gov again and see the last timing event in the claim history sceen of VA.GOV:

Disability compensation appeal updated on July 10, 2020
Status: The Veterans Benefits Administration granted your appeal
Issue on appeal: Service connection, Post-traumatic stress disorder
Submitted on: September 20, 2016
View details
 

But unlike the other historical claims which have been completed (for better or worse), I do not see the notice:
"We sent you a decision letter"

I wonder why that would be?

[pacmanx1]

According to your post, the appeal decision was made July 10, 2020 which was (yesterday)  a Friday, I would say give it a few days to see if it changes. Also keep in mind that BVA normally will either grant or deny a veterans' claim.  Now your claim has to go back to the VARO to actually be rated and given a percentage of degree. If I am wrong please correct me.  You are over the hump as your PTSD has been granted but now you have to wait for your rating decision.  This could still take some time for the VARO to implement your BVA grant.  Yes, in the mean time you should get a grant award letter from BVA.  You can also check with your Attorney.

On a side note, when I was finally granted 100% scheduler, I thought that would make everything right again. I was so shocked and exhausted from fighting VA, I had to realize that my conditions were permanent and I would have to live with them for the rest of my life. Basically a letdown but I am still here and still fighting.

 

[MKAH]

13 minutes ago, pacmanx1 said:

According to your post, the appeal decision was made July 10, 2020 which was (yesterday)  a Friday, I would say give it a few days to see if it changes. Also keep in mind that BVA normally will either grant or deny a veterans' claim.  Now your claim has to go back to the VARO to actually be rated and given a percentage of degree. If I am wrong please correct me.  You are over the hump as your PTSD has been granted but now you have to wait for your rating decision.  This could still take some time for the VARO to implement your BVA grant.  Yes, in the mean time you should get a grant award letter from BVA.  You can also check with your Attorney.

On a side note, when I was finally granted 100% scheduler, I thought that would make everything right again. I was so shocked and exhausted from fighting VA, I had to realize that my conditions were permanent and I would have to live with them for the rest of my life. Basically a letdown but I am still here and still fighting.

 

 

Thank you for your reply pacmanx1, I really appreciate it. 

I'll make sure and keep everyone posted as this process develops and I hope that information will be useful to other veterans.