ptsd Missed Appeal - No letter sent

[2serveup]

I served in the military in 1996.  During basic training I was injured. 

1. I applied for disability due to the injury in 2000 and was denied then again in 2002.  In 2002 I never received a letter stating the denial.  I called several times and was told that I was denied.  In 2016 I went back to apply because the back & neck injury that I received in the service is really server now.  When I went to reapply the lady at the VA Hospital told me that I was NEVER denied.  That I was just rated at 0%. She said that I should have been told whenever my condition got worse to apply for an increase.  Since I never received a letter and I was told verbally by 2 different people that my case was denied can I appeal the decision that was made in 2002 or is the only recourse is to reapply. If I reapply can I get them to pay me back to when the condition got severely worse which is about 6 years ago?  HELP, What should I do?

I know I should not have waited this long but I also suffer from PTSD which causes me to limit my contact with people and because I had applied twice and was told both times that I was denied I did not have the strength to try again.  If my condition had not gotten so bad that I can do nothing now I would never had gone back.

 

[Buck52]

You should file for increase and send in all new & material evidence that will support your claim..if your S.C. AT 0%  That is  good. now just let Them know your S.C. injury has worsen and you need Dr's to state so.

 Beings you never filed a NOD or you never heard back from them  that will be very hard to prove on your part  if you appeal your EED.   B/C Waiting 6 years  the VA will eat your lunch.

if you Appeal the EED you should hire a  Attorney with VA Experienced Law.

other wise just file for increase  & have your Dr to opine  the severity of your  S.C.Injury 

Getting S.C. is the hard part & now  your ready to get a possible rating  depends a lot on what your Dr, says about your S.C. Injury.

 

I'm sure there maybe more to this story  but when a Veteran fails to Disagree with a decision within a year (6 years in your case) it will be hard to over come that.  However with a Good Attorney it CAN be done. 

The REP...Abbreviation you ask in one of your other post   It could mean ''Representation''  the ROA means  ''Ready on Appeal''

 

 

JMO (Just My Opinion)

................Buck

[2serveup]

Thanks for the information. 

Will they go back and pay to when it got worse or only from when I reapplied?

[Buck52]

Since you missed the NOD deadline and its been 6 years..and you refile or file for increase I think they will go by the date you filed for increase.  its like a new claim now.  even tho your at 0% S.C.

JMO

..............Buck

[Buck52]

IF you had filled the NOD on time and kept your claim in Appeals  yes they would have to go back on your EED  but since you didn't...they will use the date you refile for increase.