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Appeals Management Center, How Long?

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jjrbus

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I recieved 10% in 1969, collected that untill 1999 when I filed for an increase. I've been to court of veterans appeals, board of veterans appeals and wherever else it can go. Now my case is at apeals management center. They sent me for a examination Sept. 26, 2006. How much longer can this take? I'm currently 50% PTSD and 10% gunshot would R arm. I should go to 20 or 30% for right arm. I was hoping for IU but reading this forum there seems to be a slim chanch of that!

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I was removed from Railroad service, examined by a Railroad retirement board Doctor and granted a RR Disability pension. The VA had this information, including doctors report and refused to increase my PTSD from 50% I had also been going to the VA for years and on antidepressants. What else can I do?

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jjrbus,

One thing to keep in mind is that different agencies and companies have different disability rating criteria. The Raiload's criteria for retirement may be , and probably is, totaly different than VA's. The criteria to receive a pension through the Railroad may mirror the 50% criteria by VA's rating schedule. Also, one thing to keep in mind is that, at all most every level of the mental rating schedule used by VA, there is some sort of occupational impairment as a portion of the criteria. Furthermore, your PTSD may have warranted you unable to continue working with the Railroad, but that's not to say you may be able to do some other type of work. VA rating criteria is reflective of earnings capacity in general. In order to be awarded IU, you must demonstate that you're unable obtain and maintain a substantial gainful occupation. Not just unable to work at your last employer. I'm not saying you are able to work somewhere other than a with the Railroad, just explaining the possibilities of why your claim was decided the way it was.

Also, you said that your claim has been to the Court and BVA, and now is at the AMC, all of which affirmed a 50% evaluation for your PTSD. This tells me that obviuosly there is something in your medical records that do not warrant a higher evaluation of either 70% or 100%. If your claim has been through all of this already, then that means one or possibly two RVSR's and probably a Coach at the Rating Activity has seen your claim, maybe a DRO and a Coach at the Appeals Team has seen your claim, a legal aid and a Veteran's Law judge at BVA has looked at your claim, and a number of people at the Court has been through your C-file. With having all the previuosly mentioned people peering into your claim, the chances that a major error in the application of the rating schedule being made is pretty slim. I'm not saying that your current 50% rating is correct or anything, just making an obsevation. Maybe the recent C&P exam from last September will show symptoms of a higher evaluation?

Vike 17

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