Appeal

[Woodman]

Several years ago I filed an appeal for my PTSD rating of 50%. I did so because the DAV advised me to. In another post I mentioned that I had an anger outburst in the DAV lobby and told them to forget it and that I'd go it alone. So I told the VA to forget the traveling board hearing and go ahead and let the local VA office make the decision.

So after I did that I got a letter from the local VA that said that my case is continued and that I am still on the waiting list to appear in front of the travelling board. So I'm confused they said my CP rating or whatever it's called most closely approximates the 50% rating. IMHO they missed the mark during the C&P exam that put me at 50%. They gave me the CFR that explains the symptoms for the various levels or ratings and when I look at it I think I fit the 70% rating a lot closer than 50%.

I've also been through the CPT program at the VA and it has helped a bit with coping with stuff but it's no cure, I also think that a lot of it is a crock. My therapist said that I need to go away to a three to four month program in NM. I said no way can I do that. Ever been through detox at the VA? They lock you up in the mental ward and no meds. It was hell and I could only take two days of it and said let me outta here. So yeah like I'm going to go away for four months of that crap.

So what I'm getting at has anyone ever been through this? What's with the travelling board? Is it like another CP exam? How do I make my case? What I have done is itemized the 70% rating and explained in writing how it fits me. Is that stupid to do that or should I ask for another CP exam?

I'm currently at 80%, 50% PTSD and 70% agent orange exposure. Yeah that adds up to 80%

 

[Grizzly]

So did you file an appeal or a NOD? Sounds like an appeal if it has to go to "traveling board". But I'm not certain.

The thing about your rating is how the VARO interprets your last C&P exam and how the C&P DBQ is completed.

For a 70% rating you are looking for this in your C&P:

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 .

The rating officer may also take other symptoms into consideration such as migraine headaches and sleeplessness and factor it into the rating. That is what they did with mine rating. Also prior to treatment, I was having panic attacks 3-4 times a day. But I don't meet everything in the 70% criteria I just listed.

You may also include statements in support of your claim on how PTSD effects your daily life.

Hahaha...80%...gotta love VA math.

Good luck brother. Keep fighting!

 

[Woodman]

Thanks for the input griz. If it wasn't for my understanding and patient wife I'd be a basket case. She keeps me in line in more ways than one and I love her for that. I think your comment about statements in support of, makes a lot of sense. I take it that you're at 70% but no need to answer that. BTW it's an appeal.

 

[JarHed]

Hey Woodman

For what it's worth, the VA doesn't figure your final percentage by simply adding say what you have for PTSD, 50% and Agent Orange, 70% which would be more than 100%. They have a convoluted formula for figuring the totals. Somewhere on the forums I posted the method that they used so you might want to look for that. Nothing is simple with the VA. If you have a chance, rethink about using an advocate, they can be a big help in getting you better comp ratings. Try to look toward the future and what you'd like and need then. Also, best of luck I hope it works out for the best for you.

 

[Grizzly]

Jarhed is right with the ratings.

Here is a link to the table on the VA website.

http://www.benefits.va.gov/compensation/rates-index.asp#combinedRatingsTable1

So anyway matched up in the table 70 and 50 would be 85%. What I'm not understanding is why you aren't at the 90% rating since VA math rounds to the nearest 10%.

 

[Woodman]

OK my bad I pulled the letter out and it's 60% for agent orange not 70%. Thanks for that link though.

 

[Sarg]

Wood,

If you're waiting for the traveling board, then you have appealed your claim. It is at the Board of Veteran Appeals and eventually they will notify you when the BVA rep. will be hearing your case, usually at your Regional VA office. A BVA hearing allows you to submit information to strengthen your claim. So go through your claim and check to see all the stressors, events, fellows lost and so forth are included and if not, be sure to bring this to his attention.

If you are in regular treatment make sure they know that as well. This is an excellent opportunity to strengthen your case and win your claim.

Sarg

 

[Sludge]

and use eBenefits to upload any supporting documents. Makes it easier when dealing with travelling board.

 

[Woodman]

Sludge, I've logged on to eBenefits but I don't see where it allows you upload anything but I do see my appeal there.

 

[Sludge]

Make sure you have the premium account. This may take a day or two to kick in if you just signed up.

Select "View my Status" drop down menu right above where it says "Welcome <Your Name".

Under the "Compensation" heading select "Compensation & Pension Claims...".

At the end of the bar on the page that says "Open Claims" will be a hyperlink at the end of the bar under "Actions". It says Upload supporting documents.

here is a direct link, which will make you log in to access it.

https://eauth.va.gov/ebenefits/claims

After some testing to use this link, log into eBenfits. Close the tab. Open a new tab and paste this link in your browser and it should take you right there. Make sure you are using Chrome or Firefox, as federal websites no longer fully support use of Internet Explorer.

 

[Sludge]

Wood,

If you're waiting for the traveling board, then you have appealed your claim. It is at the Board of Veteran Appeals and eventually they will notify you when the BVA rep. will be hearing your case, usually at your Regional VA office. A BVA hearing allows you to submit information to strengthen your claim. So go through your claim and check to see all the stressors, events, fellows lost and so forth are included and if not, be sure to bring this to his attention.

If you are in regular treatment make sure they know that as well. This is an excellent opportunity to strengthen your case and win your claim.

Sarg

Also make sure you are registered on the Agent Orange list. I'll find out how to do this tomorrow at the office.

Which brings up the Point there is now a Depleted Uranium Exposure list and a Burn Pit list for us 80s, 90s and up veterans. If you are not on those lists, particularly the DU, do it now. Burn Pit exposure is an automatic 30% like PTSD and DU has TBD status on what it pays out.

If you were EOD, a Tanker in the first Gulf War, and Aircraft tech on any that used 20 and/or 30mm Vulcans, and any surface sailor on a ship with Phalanx you need to get on the DU exposure list ASAP.

Likewise, Gulf 2 and Afghan Vets need to get on the burn pit list ASAP. (I admit I don't know much about that one or the Agent Orange lists procedures. Too Young for AO and too old for burnpits, plus not a ground pounder. I will find out though.)

 

[Woodman]

Thanks for that Sludge I appreciate that.