Appeal

[andyb]

After 2 1/2 years I finally got a letter from the va concerning my appeal for a higher rating than 50% for PTSD. My rep at the DAV said that my score was fairly high for a 50% rating so she helped me appeal. Even the grant letter said that I was moderate to severe. So now I'm waiting on a hearing date with a judge. Been through the PTSD and CPT program at the VA, given meds for PTSD and depression and now they want me to go in for a 2 to 3 month stay.

has anyone appealed for a higher rating? What can I expect at the hearing or should I just forget it? I'm not expecting a 100% rating but perhaps 70%. The DAV is going to represent me, so they say.

hope this is in the right forum and any feedback appreciated.

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[Rocky C]

Andy, you will go before a board. Sometimes it is 1 person or up to 5.

The DAV Rep will be with you. All they do is look at the package and you will be asked some question. Be honest. At this point it is out of your hands.

This is no big deal and nothing to get anxious about.

After that, in a few weeks to a month ( It goes fast once you get to the board ) you will get another letter in the mail with your rating. If it goes up you will receive back pay from the time you put in your claim plus the new Service-Connected amount.

I have never seen the rating go down.

Best of luck and health to you My Brother.

Please let us know how you make out.

Semper Fi,
Rocky

[Tennessee Top]

Best of luck to you with your appeal. As of today, the Government is on the brink of shutting down again (over Obamacare). Nonessential personnel will be furloughed - I suspect this will include the VA personnel handling hearings such as yours. Don't have much faith in our politicians to do the right thing but hopefully your case will not be sidelined for too long.

[andyb]

Thanks for the response guys. I'm just wondering if it would do any good to submit my own response to each of the items on the 70% criteria given to me by the DAV.

"Occupational and social impairment, with deficiencies in most areas, such as work, school,
family relations, judgment, thinking, or mood, due to such symptoms as:

suicidal ideation;obsessional rituals which interfere with routine activities;

speech intermittently illogical, obscure, or irrelevant;near-continuous panic or depression affecting the ability to function independently, appropriately and effectively;

impaired impulse control (such as unprovoked irritability with periods of violence);
spatial disorientation; neglect of personal appearance and hygiene;

difficulty in adapting to stressful circumstances (including work or a worklike setting);

inability to establish and maintain effective relationships"

I can relate to each of those one way or another.

Also, The DAV handed me a form for my shrink to fill out and when I asked my shrink about it he showed me a print out that basically said they don't do that and wished that the DAV would stop asking. Besides all the shrink does is prescribe meds. I'm getting damned confused on what to do.

[spotts]

You are correct, VA Regional Offices (the personnel that work on the claims processes) will shut down if the budget is not passed. Go see a DAV rep to help you through the appeals red tape.

[Rocky C]

Do nothing Andy. You are going before the board.

If you really want to delve into your claim and address each criteria you will set your open claim back by 2-3 years. It will be like starting all over again.

Hang in there.

[andyb]

OK thanks Rocky

[Rocky C]

Until then Andy, take care of your health as best you can Brother.
We are all on your side and here for you.

[Mongoose]

[Rocky C]