What if I am service-connected for PTSD but feel that my rating should be higher?

You can appeal the percentage of the PTSD rating if the window for appeal is open, or you could file a claim for a higher rating.  Or you could have an attorney review your file to determine if the VA made an error in assigning a percentage, even if the appeal deadline has passed.  

Do I need a physician's opinion?

Yes, physician opinions are required by the VA in most cases to provide an opinion as to whether it is as likely as not (50/50 chance) that the Veteran’s current condition is related to his/her in-service injury and also to provide objective findings as to the severity of the condition.  The VA encourages private physicians, who know their patients best, to provide their opinions to the VA.  The VA provides forms for private physicians to use specifically for this purpose.  

The forms are geared toward VA compensation laws.  The forms may be downloaded at www.benefits.va.gov/compensation/dbq_publicdbqs.asp

There is a part for remarks in which the physician can insert his/her opinion as to whether it is as likely as not (at least 50% chance) or, better, more likely than not (greater than a 50% chance) that the Veteran’s current impairment is related to his/her in-service injury.  The important thing for the physician to remember is to always support an opinion with a rationale as to their thinking behind the opinion.  

Note that the VA does not have a DBQ for an initial PTSD evaluation.  However, there is a DBQ form for an increased rating for PTSD after the initial evaluation has been made. 

Our attorney at Vammen Law will be glad to answer any questions from medical providers regarding DBQs. No charge! 

How does the appeal process work?

The Veteran first applies for benefits through the VA by filing online through their account at Benefits.va.gov or with the help of a Veterans Service Officer. Or by calling the VA at 1-800-827-1000.  

If the claim is denied, the Veteran can appeal to the Veterans Administration and appeal again to the Board of Veterans Appeals.  If the claim is denied by the Board of Veterans Appeals, the Veteran has 120 days to file an appeal with the Court of Appeals for Veterans Claims (CAVC).  The Veteran can appeal on their own to the CAVC by visiting the website uscourts.cavc.gov and filling out the one-page appeal form on the site, or the Veteran may contact an attorney to file the appeal.  

Either way, it is highly recommended that the Veteran be represented by an attorney when appearing before a United States Court.  Over 80% of claims appealed to the CAVC are granted a second chance.  This means a chance for the original application to be won plus a chance for the back benefits to be awarded as of the date of the application.  If you have legal grounds for appeal, why not appeal rather than drop your case, start all over again in the same system but now requiring new and material evidence to reopen a claim? 

How much does it cost to appeal?

Vammen law does not charge the client attorney fees at all for appeals to the Court of Appeals for Veterans Claims.  Instead, we seek attorney fee payment from the US Government through the Equal Access to Justice Act for our hourly rate when we prevail in the case.  If the case is sent back to the VA or the Board of Veterans Appeals for a decision, the attorney may propose a contract with the Veteran for 30% percent of the back benefits if the case prevails and results in back benefits.  

Is there a VA form for making a CUE request?

There is no specific form for a CUE claim.  It must be written as a Motion for Revision.  It is advisable to engage a VA-accredited attorney to represent you on a possible CUE claim.  You have only one chance to prove a CUE.