(PTSD claims can be confusing. Here are a few answers to some of the questions I receive from veterans with PTSD symptoms.)
What is a remand?
A remand is an appeal to the BVA that is returned to the local VA office, usually to perform additional case development or to review some aspect of the law that may have been missed.
It has been my experience that Regional Offices very rarely change an adverse decision unless ordered to do so by the BVA. This can take extra time, probably a year or less if you are lucky.
Is there a way to have the BVA decide my case more quickly?
If you believe, due to an emergency, that you case should be heard before other cases filed before yours, you may request to have your case advanced on the docket. You may write directly to the Board to explain why your case should be moved ahead. You need to show convincing proof such as evidence of terminal illness or danger of bakruptcy or foreclosure. Over the years, fewer than three of every twenty requests have been granted. To file such a motion, write to:
Board of Veterans’ Appeals
Department of Veterans Affairs
810 Vermont Ave., NW
Washington, DC 20420
(I have seen this work for hardship vets. The Board actually does move cases forward.)
If I want to re-open my PTSD claim, but I can’t get in touch with my service organization rep, what can I do?
All you have to do in this case is to write a letter to the VA Regional Office that handles your claim, or if you have moved, in the area you live. It doesn’t have to be detailed. You can say something like this:
“I want to reopen my PTSD claim because I feel my symptoms are more severe that my current percentage.”
That’s all you have to do. Keep a copy for yourself, send one to the VA, and send one to the service organization representing you. This will start the claim process rolling.
What is considered new evidence on a PTSD claim?
When the VA tells you they need evidence before proceeding with a claim, it generally means new medical evidence from a doctor (an MD or a psychiatrist not a psychologist) that your condition is getting worse. It would also mean your ability to support yourself. If you lose your job because of PTSD this can be used as new evidence, especially when backed up by a doctor statement.
The VA will probably only use an employer statement if it can be used against you. (He just doesn’t do his job and talks too much.)
The VA probably won’t use an employer statement like this. (He can’t do his job because the war is causing him problems.) The VA will say this is non-medical opinion and does not count when it goes in your favor
Of course, when the VA uses an employer statement saying there is nothing wrong with you, it is also non-medical opinion and your representative can have such statements thrown out.
New evidence is not additional combat stressors. Once it has been established that you were in combat, additional combat statements carry no weight for new evidence.
What should my GAF score be to get a 50% rating?
To receive an increase to 50%, it would be ideal for the GAF to be below 50, around 40-45, but the GAF is just a guideline and you GAF can change with each visit.
It isn't the GAF so much as it is your ability to support yourself. If your employment is infrequent, then you could rate 50%. If you have to work alone (isolated) you could rate 70%. If you feel your condition is worse than 30%, file and go from there.
Finding Out 1989/Song I recorded with John Faris of Zephyr
