ptsd Appealed

[prostheticsnow]

Hi just wanted to say that this website is great. My question is when i got out of the Marines In Jan 08 i put in for my benefits. Well i got my decision and did not like it so i request a NOD and had a De Novo review my file and they did not change my rating for ptsd. Well i just submitting a appeal letter and va form 9. My question is will i get back pay since jan of 2008 if they award me a higher rating for PTSD and how long does it take for me to hear anything about what is going on with it.

[Berta]

The earliest effective date for any retro due to if they make a decision for higher rating-will be the day you filed the claim.

The rating however could be a staged rating,

If the award percentage-if you succeed- is based on medical evidence when you filed the claim- they would not need to do a staged rating and could award that new % back to your EED.

I am not sure if that made sense.

Example-vet gets 10% PTSD and NODs it- eventually he gets 50 % PTSD for one period of time and 30 % for the period of time preceding the 50% period of time based on his medical evidence-

better example -my husband was 30% and requested higher rating.1993

He got 100% 1997-retro to 1991

But I never considered how he jumped from 30 to 100 in a day-I think I should have NOdded the award for a staged rating from 1984 to 1991.

Staged ratings appear in BVA decision. In your case I would think they would give you a higher rating-if you succeed to be consistent with the first date of your claim.

Have you checked the Schedule of Ratings here at hadit to see what rating your medical evidence shows you can possibly expect?

In their Reasons for denial lies that reason that is the key to getting a higher rating.

[Pete53]

Welcome to Hadit.

If you just got out the effective date should be the month after you separated from the Military. The VA can be very strange about effective dates you have to watch them like a hawk.

Are you working? If you are not able to work cause of PTSD you sdhould ask for TDIU and also apply for Social Security Disability.