PTSD Higher Percentage

Paper Viet Cong flag taken from pocket of dead VC in Street Without Joy 1967

Obtaining The Higher Percentage

   I have received many letters from veterans who have received service connection for PTSD, and who are not happy with their percentage. They want to know what to do next. The next step is the appeal, but this can be totally confusing to a veteran who doesn’t have knowledge of how the system works. Ben Franklin said there were two sure things: death and taxes. If he lived today, he would probably add one more: anything involving money and a Federal Agency is going to be complicated...this is a fact of life.

   The appeal is almost automatic anymore. You get a percentage and you appeal to the Regional Office for a higher percentage. If you don’t have additional evidence to offer at this point, the appeal will probably be pointless.  But any current statements from doctors or from another agency such as Social Security (if it already has not been submitted) can be used.

   If the Regional Office turns you down on the disagreement, the next step is an appeal to the BVA (Board of Veterans Appeals). The Regional Office will send you a Statement of the Case including VA Form 9. The statement of case will show your evidence and the reason you were denied an  increase or service connection. This is when you file a Substantive Appeal on the VA Form 9. You should clearly state the benefit you are after (increase in PTSD percentage), and the mistakes you think the VA made in turning you down. You can also use this form to request a personal hearing before the BVA.

  (A hearing is best because you can actually tell a person what is wrong instead of doing everything through the mail).

   If you are turned down by the BVA, you may re-open the claim with new evidence. Or, if it is a matter of law, not diagnosis, then you can appeal to the Veterans Court Of Appeals.

   With PTSD, percentage ratings of 10% to 30% are common on the initial claim. If you disagree with your percentage at the Regional Office level, the odds are good that you will be turned down for an increase. This is because the RO usually does not change a rating no matter what the new evidence. Maybe because they  can get the claim out of their office by letting you appeal to the BVA.

   Since a lot of the PTSD rating stems from your ability to support yourself, veterans who have managed to hold one job for years often suffer when being evaluated for ratings. (I call it being punished for managing to survive a work place).

   I know veterans who have held one job for many years, on a day to day basis. Meaning they just barely hang on, even though they have severe PTSD. They are often miserable, depressed, and ready to explode, but they hang on because they are the sole support of their families and they are survivors. Many have to work alone in complete isolation or are in constant struggles with management due to PTSD. But because they haven’t exploded yet, the rating board often concludes that they operate on no more that a 30% disability level. These veterans should hang tough and work through the entire appeal process.

   Even if you have managed to hold one job, but must be isolated, meaning you can only function while working alone, this would probably  make you eligible for a 50% rating.

   With PTSD, the appeal process can work if the veteran can wait it out without giving up. The main point (95% of the battle) is getting the VA to admit you have PTSD from war. Once that is established you can use the appeal process to obtain a higher percentage. In many cases, it becomes a long, drawn out process, but can be worth the wait because you will win in the end.

 

 

(from the S-2 Report)

ysgazelle@gmail.com