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    • I believe  a veteran only needs to meet 3  diagnostic criteria?  not all 5 so I agree with Ms berta All diagnostic criteria has to be met  is B.S. BUT I'M GOING WITH THE 2010 CHANGE. I would think the new regulations on PTSD would be grandfather in.  IF SO then the EED would start in 2O10.\here is a link o the new 2010 update PTSD Regulations, be sure and read all the way down and check out the last line in #12...so I don't think a CUE can be beneficial here? http://www.veteranstoday.com/2010/07/12/new-regs-on-ptsd-claims-facts-and-qa/ jmo ...........................Buck
    • The PTSD C & P exam of 2015 clearly indicates you had PTSD, when they denied in 2009. VA had knowledge of your receipt of the CAR then, and also the recent exam states that the TBI was a stressor. You certainly fell into the 2010 PTSD regulations.But they were not out yet in 2009. The 2009 denial for PTSD clearly states: “This award verifies an inservice stressor occurred which is one of the requirements for a grant of service connection.” But then it states: “A diagnosis of post-traumatic stress disorder must meet all diagnostic criteria as stated in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. The evidence does not show a confirmed diagnosis of posttraumatic stress disorder which would permit a finding of service connection.  “   ALL diagnostic criteria? I think that is BS…… I need to find the DSM for 2009. That can’t be right. I sure hope others chime in on this. The C & P examiner in 2015 gave you good evidence in their statement, for a better EED. I do think a NOD should be filed but maybe there is a way to file a CUE claim on the older decision, as well as NOD on the 2015  decision..          
    • yes thats correct brokensoldier244th Also I usually check my appointments in MyHealthyvet   by useing the ''bluebutton'' and clink on VA Notes  & future appointments.
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    • Berta,  Thank you so much for your reply. Yes, I have filed a NOD for the latest PTSD rating and effective date and for my TBI rating decrease. Here is my 2009 decision letter.   2009 - Decision1.pdf

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Inthewind

Does Anyone Have Any Idea What Development Letter Sent Means?

Question

My claim was closed yesterday and in eBenefits in updates it says:

Appeal is Possible

Decision Notification Sent

Development Letter Sent <------ Does anyone know what this letter is included for? What it may say, or it's purpose?

I've done some searching on HADIT but every mention is just text copy pasted into a paragraph not Germaine to asking what the letter means/says.

So, if anyone has one, or has recently seen one I'd be greatful if you could post a small brief explanation.

I went from 50% to 100% P&T.

Thanks!

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Yep, the development letter explains in detail what evidence they considered to arive at the decisions. It's like a long version of the Decision Letter (which somes it all up and gives you disability percentages, payment start dates, ect.). If already a 50% look at your first award package and you can see the difference.

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Strange that E Benefits thing!

Anyway, the development letters sent to me were not much more than acknowledgement of the claim(s),

and a generic "we need all the evidence", even when they already had it.

There was no way to know if they really wanted/needed a specific piece of evidence from the letter.

There also may be a clause that says you may elect to tell them to adjucate the claim with the evidence on hand.

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So basically, I went from 50 to 100% and they didn't use everything in my claim to get there and there's still issues they haven't completely adjudicated yet? So they may be asking for additional information to complete them?

Weird.

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Actually, what it may mean is that when they were rating your claim they noticed a development letter had not been sent (did you receive one?). They send it out so that they can say a development letter had been sent as part of processing your claim. My guess is it is a checklist item that they discovered they had not done, and they didn't hold your claim up waiting for a response since your decision was clearly favorable.

Just my guess as to what is going on.

Best regards,

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So basically, I went from 50 to 100% and they didn't use everything in my claim to get there and there's still issues they haven't completely adjudicated yet? So they may be asking for additional information to complete them?

Weird.

It's really hard to tell. Once they award 100%, any sense of urgency seems to be lost. I've heard remarks that were basically

Well, you were awarded 100%, what else do you want? (Ignoring the possibility that SMC, A&A, etc. might also be appropriate.

The famous one is the VA's reluctance to award or even consider TDIU, unless a veteran specifically claims it.

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Yeah, I'm not really interested in TDIU because I'm working, it's keeping me busy, and it hasn't become an issue yet. I'll go down that road if/when the need arises. Thanks to all for the comments.

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