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Starting A Nod


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8 replies to this topic

#1 emandg

 
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Posted 27 May 2011 - 10:16 AM

I received my initial disability rating for PTSD related to combat in Vietnam at 30%. I do not agree with the rating and feel it should be 50%. I was informed by the DAV rep that I need to get letters from people who can describe the change in me and how my life is today. Problem is, I burned all my bridges like a lot of us did when we got back and know of no one who can write about how I was before nam. I can get statements from those that know me who knew me before I went to the VA and started therapy. Will that suffice ? My VA Psychiatrist was willing to help me and asked me if there was any documents I needed and of course I told him I don't know. Anyone been through this process before with some advice ?

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#2 Berta

 
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Posted 27 May 2011 - 10:41 AM

"My VA Psychiatrist was willing to help me and asked me if there was any documents I needed and of course I told him I don't know. Anyone been through this process before with some advice ?"

Yes. My husband -at 30% PTSD -died with a claim for higher rating pending and a 1151 claim pending too.

I re opened them both after his death.

SSDI had awarded him solely for PTSD in his lifetime yet VA ignored his SSA findings. At some point I went over to the VAMC after he died and realized the VARO was ignoring my evidence for both of his claims and I spoke to his former shrink. I realized right away something was wrong.
The Shrink ( a psychiatrist) had all of his hypnosis and therapy notes,results of all 6 test they did to separate his PTSD from his major CVA, and considerable other documented info as to his 'catastrophic' as one record stated-PTSD.
In the VA's denial they never mentioned any of this information at all.

His VA doctor said he would write a letter to the VARO and gave me copies of all of these documents to send in to support them claim.

As I prepared a cover letter to send them in ( it took me some time to get to a xerox machine in those days as I live in rural NY)
about three weeks passed since seeing his doctor and I came home from a fire scene call with the local fire department to find an award letter in my mailbox= posthumous PTSD 100% P & T back to the last day he worked ( about a 6 years difference from the award date.)
The VARO had received the VA doctor's letter and immediately awarded the claim.

DO you get SSDI and is it solely for PTSD?

I would ask your doctor for copies of any and all of his treatment records on you.

The VA could easily have misinterpreted something and you might well fit into the higher rating.

If you do feel the evidence VA had or should have had warrants a higher rating it would be good to have a Vet rep who might support a request for reconsideration.

Whether they would reconsider or not, do not forget the time frame for the NOD is only one year after any decision.

If he is willing to write a letter to VA for you, he shold give a full medical rationale as to why you fit into the highr rating (and he should have the regulations for the Rating percentages when he does this.

#3 carlie

 
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Posted 31 May 2011 - 02:39 AM

I received my initial disability rating for PTSD related to combat in Vietnam at 30%. I do not agree with the rating and feel it should be 50%.
I was informed by the DAV rep that I need to get letters from people who can describe the change in me and how my life is today.
Problem is, I burned all my bridges like a lot of us did when we got back and know of no one who can write about how I was before nam.
I can get statements from those that know me who knew me before I went to the VA and started therapy.
Will that suffice ? My VA Psychiatrist was willing to help me and asked me if there was any documents I needed and of course I told him I don't know.
Anyone been through this process before with some advice ?


emandg,
Your DAV rep is wrong.
You have already been SC'd for your PTSD.
The ONLY thing relevant now, to your percentage evaluation level
is how this disability currently effects your daily life, to include social
and occupational functioning,as supported in the medical evidence by a mental health professional
and sometimes a LCSW can help.

Letters from those that knew you before nam are now irrelevant since SC has been established.

#4 emandg

 
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Posted 01 June 2011 - 09:06 AM

I think I get it now. I have asked my VA Therapist (Phd) and Psychiatrist for the letters that you and others talked about. I am trying to get letters from people who know me know, but thats not easy becasue I hardly know anybody except fro my wife and 2 stepchildren.

"My VA Psychiatrist was willing to help me and asked me if there was any documents I needed and of course I told him I don't know. Anyone been through this process before with some advice ?"

Yes. My husband -at 30% PTSD -died with a claim for higher rating pending and a 1151 claim pending too.

I re opened them both after his death.

SSDI had awarded him solely for PTSD in his lifetime yet VA ignored his SSA findings. At some point I went over to the VAMC after he died and realized the VARO was ignoring my evidence for both of his claims and I spoke to his former shrink. I realized right away something was wrong.
The Shrink ( a psychiatrist) had all of his hypnosis and therapy notes,results of all 6 test they did to separate his PTSD from his major CVA, and considerable other documented info as to his 'catastrophic' as one record stated-PTSD.
In the VA's denial they never mentioned any of this information at all.

His VA doctor said he would write a letter to the VARO and gave me copies of all of these documents to send in to support them claim.

As I prepared a cover letter to send them in ( it took me some time to get to a xerox machine in those days as I live in rural NY)
about three weeks passed since seeing his doctor and I came home from a fire scene call with the local fire department to find an award letter in my mailbox= posthumous PTSD 100% P & T back to the last day he worked ( about a 6 years difference from the award date.)
The VARO had received the VA doctor's letter and immediately awarded the claim.

DO you get SSDI and is it solely for PTSD?

I would ask your doctor for copies of any and all of his treatment records on you.

The VA could easily have misinterpreted something and you might well fit into the higher rating.

If you do feel the evidence VA had or should have had warrants a higher rating it would be good to have a Vet rep who might support a request for reconsideration.

Whether they would reconsider or not, do not forget the time frame for the NOD is only one year after any decision.

If he is willing to write a letter to VA for you, he shold give a full medical rationale as to why you fit into the highr rating (and he should have the regulations for the Rating percentages when he does this.



#5 Commander Bob

 
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Posted 02 June 2011 - 09:02 PM

I received my initial disability rating for PTSD related to combat in Vietnam at 30%. I do not agree with the rating and feel it should be 50%. I was informed by the DAV rep that I need to get letters from people who can describe the change in me and how my life is today. Problem is, I burned all my bridges like a lot of us did when we got back and know of no one who can write about how I was before nam. I can get statements from those that know me who knew me before I went to the VA and started therapy. Will that suffice ? My VA Psychiatrist was willing to help me and asked me if there was any documents I needed and of course I told him I don't know. Anyone been through this process before with some advice ?


Have you filed a "Notice of Disagreement" NOD yet? As you may already know, you have one year to do so...

Good Luck,

Cmdr. Bob

#6 emandg

 
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Posted 06 June 2011 - 01:54 PM

I am waiting for a couple of letters from family and my V,.A. PSychand Therapist before I do. ISn't that better to include supplemental statements ?

Edited by emandg, 06 June 2011 - 01:55 PM.


#7 carlie

 
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Posted 06 June 2011 - 03:54 PM

I received my initial disability rating for PTSD related to combat in Vietnam at 30%. I do not agree with the rating and feel it should be 50%.
I was informed by the DAV rep that I need to get letters from people who can describe the change in me and how my life is today.


emandg,

I'm going to take another shot at this.

1) Specifically by the rating criteria, why do you feel your evaluation for PTSD should be 50 % ?

2) By your DAV rep suggesting you "get letters from people who can describe the change in me
and how my life is today", I would venture to guess that the evidence of record at the time of the
rating decision that evaluated you at 30%, did not support a higher evaluation.

As SC for PTSD has been granted I do not feel you would benefit any from lay evidence statements
in regards to the "change in me". That material issue that there was a change in you, has already
been factored into the adjudication that granted SC.

Only how you are today is relevant.
For an increase you are going to need evidence that addresses social and occupational
limitations - hopefully from a doctor with the right pedigree or something negative from
employment or voc rehab, something like that. If you get SSA benefits due solely to PTSD
that would be some more evidence to submit.

#8 john999

 
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Posted 06 June 2011 - 04:15 PM

I would file the NOD and then start getting your medical evidence from a psychiatrist to back up a higher rating. You will have plenty of time to do this since the NOD is just the beginning of the appeals process. I would ask for a DRO Hearing in the body of my NOD. You should try and get what is called an IMO or IME.

#9 Pete53

 
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Posted 06 June 2011 - 06:09 PM

As Carlie said since you are already rated for PTSD the only thing you need is to show by evidence that you should have a higher rating. If you are working that has a lot to do with a low rating but many do get a 50% and even 70% rating and still working. This is where letters from coworkers or employers showing that you have been accommodated can be helpful.

If you are not working cause of your PTSD you should get 100% either using TDIU or schedular. If you are not working you should also apply for Social Security and if you have Social Security Disability already you need to make sure VA knows by copying your award letter and giving it to them.

Don't wait for VA or anyone else to help you move ahead with your claim as quickly as you can.

Good Luck




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