ptsd Retro pay question

[rvance313]

Glad to say that my PTSD claim is finally looking like it might be wrapping up soon.  Like many others, I have been tracking my claim on eBenefits and have watched my claim status go from GOE to ROE, back to GOE and then to PFD, back to ROE, and now it is at the PDA stage where it has been for the past few days.  Trying to remain optimistic, I am hoping to see it completed soon with a positive outcome.  According to my VSO, who has been very helpful with this whole process, my claim is a pretty much an automatic approval as my C&P exam went well, I have orders for my CAB, and there isn't much to my case that would complicate things.  I understand that this is all based on opinion but, once again, my optimistic way of thinking likes to think that she (my VSO) knows what shes talking about.

With all of that being said, my initial intent to file date is 22 March 15, which according to my VSO, means that if my claim is in fact approved, I would receive retro pay from 1 April 15.  This leads to me my main question... I filed a PTSD claim back in 2012 that was ultimately denied and I am trying to figure out whether or not I am eligible to receive retro pay from my initial claim or not.  As I mentioned earlier, my VSO told me that it would only go back as far as my current claim which was supposed to only be a year but I have read on quite a few of these forums that people have received retro pay from far more than just a year.  Just checking to see if anyone knows the facts on this subject or if it is even worth another battle with the VA.

All advice is greatly appreciated

[Berta]

It is possible to get more retro when a past decision contains a clear and unmistakable error (CUE) and/or 

newly discovered records etc etc as explained in 38 CFR 3.156 come into play.

It makes sense that if VA denied your PTSD claim in the past but since, has granted it, that you certainly must have had PTSD in the past when they denied.

The decision, when it comes, will tell you more but we would need to see that older denial to see if it contained CUE or a 38 CFR 3.156 error that, when corrected would grant you more retro.

It can definitely be worth the 'battle' if the VA owes you more retro.

But this pending claim will not cover that retro and you have to formally claim it under 38 CFR 3.156 or CUE.

Is it possible that VA was not aware of the CAB when you filed the older claim?

 

 

[rvance313]

Thank you ma'am for taking the time to reply and provide me with your input and information regarding my concern.  To answer your question, yes it is very possible that the VA was not aware of my CAB prior to when I filed my current claim as it is not even listed on my DD214.  I had to jump through hoops to obtain a copy of my orders for my CAB so I imagine the VA was not even aware of it until I provided it to them, recently.  Another thing, when I filed back in 2012, I was in the process of changing places of residence and apparently I missed the notification informing me of my C&P exam.  At the time, I did not have a VSO helping me out, I was completely oblivious to the process, and was not expecting appointments or anything of that sort.  I guess I figured all I needed to do was file a claim, provide proof service and time spent in combat, and the VA would handle the rest. Like I said before, I had no clue.  

Looking back, I clearly see that there is no way in the world the VA will approve a disability without an examination of some sort so I should have known to keep my eye out for appointment dates.  Either way, what's done is done and I've moved on from that.  Given all that information and considering that, essentially, it was my fault that my 2012 claim was denied (for not making it to my C&P exams), would you still say that I would be entitled to retro from that claim, that is if my current claim is approved, of course?

When you say the term CUE, it makes me think that the only way I would be entitled to retro from that claim would be if the VA made a mistake.  I could be wrong; that is just what it sounds like to me.  My concern is that VA may look at it as my fault that my claim was denied and reject my entitlement to retro from that claim.  

Your feelings?

[Berta]

 "I had to jump through hoops to obtain a copy of my orders for my CAB so I imagine the VA was not even aware of it until I provided it to them, recently. "

Possible but then again the VA should have obtained your service records and something in them might have triggered them to note the CAR write up.

How did you obtain the CAR documentation?

But you did miss a C & P exam for that claim and a missed C & P exam means a denial for sure.

The VA lately , it seems, has not been informing some vets of upcoming C & P exams, so they dont go to what they didnt even know of, and then they get denied.

Some vets have proven the VA did not properly notify them of the C & P exam.But that is not easy to do.

I think it is a new way of VA denying claims as fast as they can, by not notifying the veteran. Since VA was found juggling medical appointment scheduling , in the past, nothing would surprise me.

 

[rvance313]

After about a month of phone calls to here and emails to there, I eventually ended up sending written letter to the VA directly requesting my orders and I think I ended up getting them in the mail a couple months later.  

Good news, just checked eBenefits and my claim has been moved from PDA phase to the PFN phase.  Hoping to see good results.  I guess I will just wait until this claim is complete and then take the steps that you recommended in an attempt to get my claim from 2012 recognized.  

Regarding my current claim, do you happen to know of any way to check my award approval/rejection status other than waiting around for the mail to come?  

 

Thanks again for your help ma'am

[Berta]

"I eventually ended up sending written letter to the VA directly requesting my orders and I think I ended up getting them in the mail a couple months later.   "

So the VA did have those orders....if they had them and denied on the basis of no proof of stressor, that would be a CUE under 38 CFR 4.6  but that leaves the C & P exam problems.

VA lies to claimants , that is no secret.

Now I wonder if they actually even set you up for a C & P exam for the last denial.

 

[Berta]

Can you scan and attach here ( cover C file # name etc prior to scanning) the 2012 claim denial as to their Reasons and Bases part and the evidence list?

Do you have a copy of your C file?