- 10 Tips to Help You Keep the Compensation and Pension Exam (C&P exam) in Perspective
- 100% Rating – How I Did It! – Member Ping Juice
- 3 Things You Want Out Of a DRO Review – VA DRO Hearings (Decision Review Officer)
- 38CFR4.1 Essentials of evaluative rating
- 4 Things Veterans Should Know about VA Sleep Apnea Disability Claims.
- 5 Things to Know about the VA Appeals Process
- 6 Reasons to Keep Pursuing VA Claims and Appeals – AFTER you reach 100%
- 8 Steps to Improve Your VA Disability Claim or Appeal
- A Veterans Benefits Raters View
- Additional 100% Disabled Veteran Benefits
- Agent Orange Presumptive Conditions
- Agent Orange Symptoms and Effects
- Analogously Ratings – Conditions Not In The Schedule For Rating Disabilities
- Applying for VA Benefits
- Benefit Tip Co-Payment Reimbursement
- Explore VA benefits: Overview of VA disability compensation and how to apply
- Facts & Figures About Veterans and Soldier
- Failure to Submit to Medical Examination–Insistence on the Presence of an Attorney and Use of a Recording Device
- Filing A Veterans Affairs Service Connected Disability Compensation Claim
- Fully Developed Claim (FDC) Veterans Affairs Benefits Videos
- Getting Your Documents In Order
- Global Asset Functioning Scale (GAF Scale)
- Gulf War Illness – National Center for Biotechnology Information (NCBI) at the U.S. National Library of Medicine (NLM).
- Gulf War Veterans Information
- HISA Program – Veterans Affairs Home Improvements and Structural Alterations Program
- Internet Medical Research Printouts for Your VA Claim
- Iraq veterans in legislature want to protect PTSD dogs
- Is an OIF Vet also a Gulf War Vet?
- Law of Veterans’ Benefits 2008-2010
- Links – Diseases and Conditions Specific to the Military Veteran Population
- Links to Common Search Terms
- Most common VA service Connected Disabilities
- Most Viewed Posts on The VA Claims Research Forum 2014
- New Rules for VA Claims As Of March 15, 2015
- Popular Topics from VA Claims Research Forums
- Preparing for Your C and P Exam
- Proving a Non-Combat Stressor in a VA PTSD Disability Claim
- PTSD Stressors
- Rating Reduction or Sever Service – Veterans Affairs Proceedings
- Records, Veterans, Dept of Veterans Affairs, VA claims
- Request Military Service Records
- Requesting A Copy of Your VA Claims Folder (C-File)
- Restrict VA’s Individual Unemployability Benefits to Disabled Veterans Who Are Younger Than the Full Retirement Age for Social Security
- Sexual Assault Trauma Syndrome
- Should You Use the VA Form 21-4138 Statement in Support of Claim Form?
- Significant Judicial Precedent and Its Effect on the Board of Veterans Appeals Throughout FY 2015
- Special Monthly Compensation for VA Service Connected Disability
- Statement of the Case Example – How to Read and Understand this VA Form (Video)
- Ten things veterans should know about burn pits
- The VA Claims Maze – How To Be Successful
- Tinnitus – VA Disability Claims
- Top 10 Content Sept 2016
- Top 10 VA Disability Claims Discussion Posts June 2016
- Types of VA Disability Claims
- Unemployability – From the podcast
- US Court of Veterans Claims (USCAVC) Cases
- VA Backlog…Looking Back…Nothing New
- VA C and P Exam – Do’s and Don’ts – VA Compensation Pension Exam
- VA Can Better Ensure Unemployability Decisions Are Well Supported
- VA Claims – The Importance Of Understanding Exactly What Are The Issues
- VA Claims Glossary-Definitions-Abbreviations-Terms
- VA Compensation Rates Effective 12/01/2014
- VA Disability Claims Forums
- VA Disability Claims Process
- VA Disability Compensation
- VA Forms
- VA Historical Service Connected Compensation 1974 –
- VA Math Explained. VA Math It’s Not Your Mother’s Arithmetic
- VA Math Explained. VA Math It's Not Your Mother's Arithmetic
- VA Office of General Counsel 2011
- VA Office of General Counsel 2012
- VA Office of General Counsel 2014
- VA Office of General Counsel 2015
- VA Proceedings to reduce a rating or sever service
- VA Reexaminations and Reductions of Veterans Disability
- VETERANS' DISABILITY BENEFITS: VA Can Better Ensure Unemployability Decisions Are Well Supported GAO-15-464
- Vietnam War Information
- Win Your VA Claim
- Win Your Veterans Affairs Claim
If no diagnose for PTSD he could Request to reopen with new & material evidence, either proven stressor or from a right shoulder in service injury related to PTSD? But he will definitely need a VA -MH DSM -5 PTSD Diagnoses first. Not enough Information to help here ...sorry.
I agree with Ms berta He was denied PTSD dated 9-25-2008..ok 6-6-2008 a Exmanation did not acquired a diagnose of a physiological condition, so I'm thinking he don't have a S.C. PTSD Rating, he did try to reopen on date 5-15-2009 because of an in service shoulder injury should be sympathetically construed as a reopen claim for PTSD Maybe he means in Appeal? NOD time frame?
OK I found more here under a search from above link: "I need help untangling my next step:
1. The September 2008 rating decision which denied the Veteran's claim of entitlement to service connection for PTSD is final. 38 U.S.C.A. § 7105© (West 2002).
2. Evidence received since the September 2008 rating decision in connection with Veteran's claim of entitlement to service connection for an acquired psychiatric disorder is new and material and the claim is reopened. 38 U.S.C.A. § 5108 (West 2002); 38 C.F.R. § 3.156 (2013). Status of Your Claim Complete Submitted: 11/27/2007 (Compensation) Claim Closed: 09/26/2008 Disabilities Claimed: sleep apnea (New), right shoulder weakness (New), PTSD (New) Representative for VA Claims: DISABLED AMERICAN VETERANS Current Status: Complete In 2014 the claim for PTSD was granted and rated by the BVA.
An effeective date was made for 2011 (The date we received your claim)
My question is that since the 2007 descision was made final and the case reopened simulataneously- would that make my effecti would that make my effective date to the 2008 descision, not 2011?
My RO screwed the pooch, re-writing my contentions and I ended up with a "new claim" (see below) Submitted: 12/27/2011 (Compensation) Claim Closed: 04/19/2012 Disabilities Claimed: acquired psychiatric condition(New), ethanol abuse (Secondary) Representative for VA Claims: DISABLED AMERICAN VETERANS Current Status: Complete
In effect, I have had two claims running for mental health one for PTSD (filed in 2007)
and one for "Acquired Psych" (re-written and filed by RO)" Now I am really confused. "In 2014 the claim for PTSD was granted and rated by the BVA." Can you give us the docket number? Did the DAV tell you that they only SC and pay comp for one MH issue? Has your Acquired Psyh disorder" diagnosis been subsequently changed by the VA to PTSD, via a C & P exam???
Not much info there but I definitely think the vet rep should have advised you to re-open the claim with New and Material Evidence....based on this brief download of the DRO hearing. It appears you lost the appeal deadline and it also appears that they denied the claim for PTSD in the past due to the unverifiable stressor. The proof of a stressor would be New and Material evidence,enough to re-open the PTSD claim. Unless you did get an award for SC PTSD in the past. Did you? and when was that? If the VA denies a claim, for SC that they subsequently award, then the older denial decision might be ripe for a CUE filing...might...with a better EED..... But I believe you and your vet rep are misinterpreting the "spirit " of the law as well as the "inflexibility" regarding the Appeal deadline. With 80% now, if you are not employed did the rep advise you to file for TDIU? "with a January 2010 effective date, there won't be a need to CUE the previous RO descision in 2008". What did they award then (2008) , what was the award specifically for, and what was their Reasons and Basis? Others will chime in too.