Hi, I am currently on appeal for increase rating in excess of 50% PTSD (rated as Specified Trauma and Stressor Related Disorder) and the case was remanded by BVA back to the RO. The initial PTSD C&P was done in 2014. The original rating was not rated as PTSD, but Specified Trauma and Stressor Related Disorder. A new exam was requested and completed October of 2020 and I was awarded 100% PTSD. I contested the rating as VA denied a rating of excess of 50% prior to September 2020. The RO stated the following, "The evidence does not support a change in the prior decision. Therefore, entitlement to an evaluation in excess of 50 percent prior to September 2020 for post-traumatic stress disorder (previously rated as specified trauma and stressor related disorder) is denied. The rating decision noted that the examiner diagnosed me with PTSD and it was a correction to my prior examination. Here is where it gets odd. After I got the denial of excess of 50%, I started scrolling through my C-File. Well, I noticed on the initial C&P for claimed PTSD, the C&P examiner missed 2 criterion for DSM-V. My understanding is that I am entitled to a complete exam and the medical opinion is based on the C&P, which if was incomplete that would warrant an incomplete medical opinion. Since the appeal up to date, my historical evidence and symptomology and social and occupational impairment has aligned to 70-100%. It is clear as day in my C-file. The mistakes on the exam were missed by VSO, attorney and BVA.
My question is what is my best course of action for this? Thank you kindly!
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Recondo@53
Hi, I am currently on appeal for increase rating in excess of 50% PTSD (rated as Specified Trauma and Stressor Related Disorder) and the case was remanded by BVA back to the RO. The initial PTSD C&P was done in 2014. The original rating was not rated as PTSD, but Specified Trauma and Stressor Related Disorder. A new exam was requested and completed October of 2020 and I was awarded 100% PTSD. I contested the rating as VA denied a rating of excess of 50% prior to September 2020. The RO stated the following, "The evidence does not support a change in the prior decision. Therefore, entitlement to an evaluation in excess of 50 percent prior to September 2020 for post-traumatic stress disorder (previously rated as specified trauma and stressor related disorder) is denied. The rating decision noted that the examiner diagnosed me with PTSD and it was a correction to my prior examination. Here is where it gets odd. After I got the denial of excess of 50%, I started scrolling through my C-File. Well, I noticed on the initial C&P for claimed PTSD, the C&P examiner missed 2 criterion for DSM-V. My understanding is that I am entitled to a complete exam and the medical opinion is based on the C&P, which if was incomplete that would warrant an incomplete medical opinion. Since the appeal up to date, my historical evidence and symptomology and social and occupational impairment has aligned to 70-100%. It is clear as day in my C-file. The mistakes on the exam were missed by VSO, attorney and BVA.
My question is what is my best course of action for this? Thank you kindly!
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