ptsd Earlier Effective Date For Ptsd, Thoughts?

[cowgirl]

On my first claim years ago I requested for many things, and ptsd, the diagnosis was in my SMRs. I didn't word it well on the claim so it was 'ignored' I didn't work the claim like needed. Many years later, my counselor led me to believe I had ptsd, I specifically applied for sc but got turned down..

"A diagnosis of PTSD is stated inprovisional diagnosis of rule out ptsd on the basis of your subjective reports of traumatic experience upon ptsd screen."(denial) no VA exam, diagnosis or private diagnosis. Didn't appeal.

Now VA has clearly diagnosed me with PTSD, in for sc now. I am thinking earlier effective date, but need the correct approach, anyone?

Thank you~!

Cg'up2009!

[jbasser]

CG, I think you may have a whopper of a CUE. I would have to look a little more closely but with the diagnosis in th e SMR and VA claim denial, It appears the RO at the time the rating was denied in error. You didnt appeal it so it was final one year later.

Was this before the VCAA was enacted in 2000?

This was the same thing the VA did to me on my HTN claim.

Proving CUE is a hard thing to do but your case can be done.

I expect Berta to chime in on this one.

J

Edited September 2, 2009 by jbasser

[Ricky]

Glad to see you are planning ahead. However, as you already know you must wait to see the outcome of this current claim.

From your wording in your post I take it that no stressors were verified. As such one would have to ask were you asked for evidence that would provide verification of a stressor?

[cowgirl]

Jbasser, thank you for your response. Yes, it was before VCAA and before I had many clues about the process to get help for my condition.

Cg

CG, I think you may have a whopper of a CUE. I would have to look a little more closely but with the diagnosis in th e SMR and VA claim denial, It appears the RO at the time the rating was denied in error. You didnt appeal it so it was final one year later.

Was this before the VCAA was enacted in 2000?

This was the same thing the VA did to me on my HTN claim.

Proving CUE is a hard thing to do but your case can be done.

I expect Berta to chime in on this one.

J

[cowgirl]

Thanks Ricky for interpeting their wording from the decsision. I don't understand 'to provide verification of a stressor'. Everything I have is in my Cfile. I will be researching it. In the first claim I listed the incident(s) info & dates of care. Its clearly in my SMRs.

Yeah, there was a clear diagnosis for this claim, examiner agreed. I feel in my gut it'll be sc. But whats next, who knows?

Thank you~!

Cg'up2009!

Glad to see you are planning ahead. However, as you already know you must wait to see the outcome of this current claim.

From your wording in your post I take it that no stressors were verified. As such one would have to ask were you asked for evidence that would provide verification of a stressor?

[pacmanx1]

Hey CG, IMHO, I think you should wait to see if you are service connected first. Once VA awards you service connected then file for an earlier effective date. I know this would take more time but IMHO if you inform VA that your claim should have an effective date of xx/xx/xxxx they will work harder to deny your claim. Once you get service connected then file for EED and VA would have to review your records for the correct effective date.

[cowgirl]

You are right, I'm not setting a good example of patience. Smiles!

Just sounding thi gs out among Hadit freinds. It's because of Hadit, I've suceeded in eed once before

Thanks again Pete, you're terrific

Cowgirl

Hey CG, IMHO, I think you should wait to see if you are service connected first. Once VA awards you service connected then file for an earlier effective date. I know this would take more time but IMHO if you inform VA that your claim should have an effective date of xx/xx/xxxx they will work harder to deny your claim. Once you get service connected then file for EED and VA would have to review your records for the correct effective date.