Appeals

[egbutler1]

I have been rated by the VA for PTSD but considering how i feel the symptoms i have and the length of my C&P exam (5 mins) I am pretty sure they undershot me by a lot. I was hoping someone out there may have gone threw the appeals process and could help me out some with a little advice for when i put mine in. Like what did you submit, or say or anything that might help them give me another C&P exam that i will make last longer than 5 mins with the head doc. It took me 6 months to write my stressor letter when i decided i needed to apply for comp it was that hard to put all that crap onto paper. So any advice i could get would be great. Thanks Marines. Semper Fidelis!

[oldtop]

Get thyself to an accredited VA counselor immediately...check with your nearest American Legion or VFW post, they should be able to steer you in the right direction for an accredited rep. Let the rep handle your appeal from start to finish, that is what he/she is there for, and they know (or should know) exactly what to say and how to say it. There is no charge for the services provided by AL or VFW to represent veterans when filing claims or appeals, and you do not even have to join the organization to get help.
Prepare yourself for a long wait before your appeal is finished. AVERAGE time for complete processing of an appeal is 18 to 26 months from start to finish.
FYI... to get an idea of how auccurate your current rating is look in the "reasons and basis for decision" area of your rating decision. It should state the symptoms as reported by the examiner, and what those symptoms equate to in %. It should also state the symptoms for the next higher award %. You do not have to meet ALL of the symptoms for the next higher % rating, just half or more of the symptoms for the next higher award are sufficient to get a higher rating.
Goog Luck

Semper Fi

[egbutler1]

Thanks MSgt! I'll do that right away. Semper FI!

[Sterge]

There are a few things you can do-if you have an aggravation of your symptoms it is the burden of the VA to demonstrate that you do not. By law, the VA must decide in favor of the veteran. This means, if there is a 50/50 split as to service connection, degree of disability, etc., the VA must side with the veteran. The VA is supposed to be a clearinghouse, not a court. There is a document called a table of disabilities. the diagnostic code for PTSD falls under section 4.130-mental disorders, the PTSD code is 9411. there may be other diagnoses that are co-morbid (co-exist) with PTSD. claim all that you think may apply-your eligibility for compensations runs from the time you file, not the time symptoms manifest. another code that might fit is 9440, chronic adjustment disorder-i do not know the criteria for that diagnosis-but it is in the DSM-IV, which is the diagnostic and statistical manual used by mental health professionals to determine diagnoses. The general rating formula for mental disorders breaks down as 100%, 70,50, 30,10,0 percent. Different diagnoses that have affects are considered to be cumulative-you don't add the percentages but there is a formula to increase your benefits.

it is important you preserve your initial filing date for your claim. be careful not to "reopen" a case-that can restart the clock. you can always appeal to the BVA, and then the US court of appeals for veteran claims. that process can take years, your best bet is probably to get it readjusted at the regional office level.

Now, by way of disclaimer, this is not intended to be legal advice. I am admitted to practice law in New York State. This is merely an attempt to point you in the right direction. if you have questions about veterans claims, your best bet is to talk to a lawyer, VFW rep, or another who routinely handles these matters in your area. Good luck.

[Petz]

I'd say the DAV is the best bet for vets!!! I'm 70% with PTSD...

[Big Jim]

I'd say the DAV is the best bet for vets!!! I'm 70% with PTSD...

How are you 70% rated through the DAV when you're active duty?? Or did THAT change, too?

[davblay]

I'd say the DAV is the best bet for vets!!! I'm 70% with PTSD...
Lets see his profile says:

http://www.leatherneck.com/forums/member.php?u=51613

Year Entered Marine corps:
2001
Year Exited Marine Corps:
Still in Service

I do believe your are right Big Jim!

Sgt Petzold, how does that work? Are you still active duty? Are you drawing 70% PTSD from the VA or who? :confused:

[Big Jim]

Lets see his profile says:

http://www.leatherneck.com/forums/member.php?u=51613

Year Entered Marine corps:
2001
Year Exited Marine Corps:
Still in Service

I do believe your are right Big Jim!

Sgt Petzold, how does that work? Are you still active duty? Are you drawing 70% PTSD from the VA or who? :confused:


Me doth detect the odiferous waftings of male bovine excrement in the air eminating from that steaming pile of Petzhold!! In other words...Petzhold, I think you are BULLSH!T!!! Petzhold, can YOU spell P-O-S-E-R?? I knew you could....!!!:mad: Don't go away mad...just...go away....you been told...

[egbutler1]

70% SC for PTSD, hummm... Yeah if you are 10% SC for PTSD your out of the Marines for the most part. I'm 50% SC for PTSD and they won't even consider me coming back in. So my BS meter just shot off the chart. :mad:

[usmchauer]

MOL says he's in 4th MAW. I'm fairly certain any 4th anything - divisions, wings etc. are reserves. Would that add another piece of the puzzle?

[Riven37]

I have been rated by the VA for PTSD but considering how i feel the symptoms i have and the length of my C&P exam (5 mins) I am pretty sure they undershot me by a lot. I was hoping someone out there may have gone threw the appeals process and could help me out some with a little advice for when i put mine in. Like what did you submit, or say or anything that might help them give me another C&P exam that i will make last longer than 5 mins with the head doc. It took me 6 months to write my stressor letter when i decided i needed to apply for comp it was that hard to put all that crap onto paper. So any advice i could get would be great. Thanks Marines. Semper Fidelis!


Out of all my comp exams through the years, I remember them being no more than 5 minutes long. Two of them I lost it and went off on them for asking stupid questions. As to my memory the Doc's were looking for certain stressors that are a direct connection to PTSD, and by lossing control seem to have been a good thing to the Doctor even tho, I felt like I wanted to kill him; later on I felt bad about lossing my cool.

Remember, they know what you went through because they have your units after action reports, and daily log books. I wouldn't worry about the time period rather focus on the quality of answering their questions as honestly as you can.

[Riven37]

70% SC for PTSD, hummm... Yeah if you are 10% SC for PTSD your out of the Marines for the most part. I'm 50% SC for PTSD and they won't even consider me coming back in. So my BS meter just shot off the chart. :mad:


I believe Congress just voted on those who see the VA for PTSD can not have that stop them from being in the service or something like that....Check on it. I heard it on a talk show today.

[Big Jim]

I believe Congress just voted on those who see the VA for PTSD can not have that stop them from being in the service or something like that....Check on it. I heard it on a talk show today.


What Petzhold was saying is he's been given a 70% DISABILITY rating by the VA. The last I understood from the Chaumers P. Wiley VA Medical Center that I go to in Columbus, Ohio...if you have a disablity rating and been through the rating process you have to be drawing disability benefits FROM the VA... hence, you obviously cannot be on active duty while drawing ANY benefits from the VA!! They are two totally different things. Thats what makes his statement wrong...ok?

[bob6368]

Bro, Same here but this last time I wrote a letter telling them that I've been seeing the same person at the VA for a long time and still don't trust her! Why do you think I'm going to trust someone I just met? I started in 1985 got ****ed and went back 3 years! Also get as many people as you can to write letters telling that your "F" up! I also gave them my Police Record! I guess that adds something! Good Luck! Bob

[advanced]

Back in the day they turned us all down repeatably, hang in there. It took me over 5 years to get my 100%. Use the DAV.

[SgtDBrownRet]

Look under at the VA Claims Tips I posted. It has the website both the Military and the VA uses to rate a disability. The reason most C&P exams are so short is because the doctor has a set of questions to ask, as per the VA M21. I will see if I can find the link and post it, it may not be available for public knowledge. Most of the C&P examiners decisions come from your outpatient records. With that said, it is important that you make regular visits to the doctor for the condition so that the symptoms can be made of records. Make sure you get a copy of those records after you leave your appointments to make sure the doctor documented the proper information. Be careful because the doctor sometimes change diagnosis based on the symptoms and stresses you relay them. If you go in and talk mainly about your dog dying, or your pending divorce, the doctor will document that, which can have an adverse affect on your rating, and service connection. Remember the VA compensates based on whether condition(s) was caused or aggravated by military service. Many believe the doctors will document the right thing. I hear “It’s in my records” all the time, only to find that it is not in the records. Don’t try to be what you are not at the exam. I have seen too many exams where the doctor states the veteran is “over exaggerating his condition, and is malingering” once that is in your record, you are done. Make notes on what you want to discuss, and stay focus. One of the criteria for PTSD or any mental condition is memory loss, so it is okay to go in with a handwritten piece of paper to remind you of the points you want to discuss.
As for VA pay and active duty, you can receive VA pay as a drill reservist and or National Guard member. May Vietnam vets continue to drill until retirement, but receive the VA pay instead of the drill pay because it is not taxable and usually pays more. If they are called to active duty, the VA pay stops, but they will remain at whatever percentage they were and the pay will be started again once they come off of active duty. I think it is up to the reserve unit how high you can be rated and still drill. I know you can be 70% and still work and I think 30% is the max if you carry a gun.
National averages for appeals are 2 -7 years. It is much quicker if you have the proper evidence of record. Remember there are no doctors at the VA Regional Offices, so they rely on you doctors notes to match with the VA criteria.

[DocGreek]

Gentlemen....It's unf***ing believable, the way the V.A. treats combat vets. I was awarded 50%, in 1997, and worked a crappy job, at a convenience store, for ten years! In 2007, I got so angry with the way things were being run.....I quit! I was 61 years old, with the V.A. paying me less than $800.00/month. Because of my physical, and PTSD problems, I re-filed my claim. Circumstances, were complicated, and after trying to kill two a**holes, then myself......on Dec. the 27th, 2007, I was awarded 100%.....P&T! Yes, my life changed completely, for the better, but.....my poor 85 year old Mom, passed on Feb 3rd, 2008, and now, I have NO kin whatsoever!
NEVER give up, NEVER give in.....get ALL of your "duck's", in a row, find an experienced, AND successful, V.A. Rep., and give "it", all you've got!!.....SEMPER FI....Doc Greek