ptsd Tdiu Award And Ptsd Nod

[Flyby]

In 2009 I was awarded SC for PTSD (insomnia, nervous condition, and depression) at 30% that was awarded back to one-day prior to my EAS of Dec 8 2001 from the Marine Corps. Through this eight year span I was the person that tracked down flight crew pilots and rescue swimmers to validate my claims. I was awarded 30%, which I felt was low. I submitted a timely NOD for an increase to a minumum of 50% based on VA's own published criteria. That NOD from 2010 was just addressed less than two weeks ago. I have been awarded 70% PTSD and 30% GERD, both original claims continuously open since 2001. Was also awarded TDIU. The effective dates of these awards only went back to Sept 2012, the time when my last QTC for both PTSD and GERD. Am I missing something here? My VSO feels that because TDIU has "muddied" the water, that my PTSD/GERD NOD claims are not being addressed. In my award letter it states that both the PTSD award and GERD award are both only "partial" awards. What does this mean? Berta please help. I have time left to appeal or submit an NOD but have no clue what to submit. VA claims there is a denial somewhere which came in a letter via my Senator's office, therefore the SOC was sent out. Thank you!

[Flyby]

Meghp0405-good info..Thanks. I feel the criteria for at least 50% for PTSD was there at the initial C&P that awarded the 30% and luckily I have a mountain of C-file info and private doc records to support it. That was my rationale for the NOD back in in 2010. Unfortunately my condition(s) have deteriorated to the point now where I can't work. I was a teacher. Truthfully, I probably couldn't back then but was too stubborn to know any better. Thanks again.

[john999]

My claim for an increase was on appeal from about 1997 to 2002 when I got the increase. What changed was an IMO and the fact I retired on disability from the post office and got SSDI. The VA based my increase on those facts and my effective date became 2002 for 70%/TDIU from a 30% rating. I felt cheated also since my claim was on appeal since 1997 and had been remanded back to VARO from the BVA for a new C&P exam. Things happened in this five year period. I got older and my condition got worse, but it was worse than 30% when I filed for the increase in 1997. I feel your pain.

[Berta]

Yeah, with the PTSD diagnosis well established (meaning they cant fart around with the new PTSD criteria to use against you) then I feel an strong IMO here could do wonders.

Meg is right on the mark here and everyone gave great advise.

I get really uptight wen VA gives an EED based on a C & P exam. In my opinion I feel that could indicate up to that point the VA might have misdiagnosed and malpracticed on the veteran.......

but that is just my VAOLA paranoia. I love 1151 claims.......

We can fight any EED with medical evidence (that might require a strong IMO) that explains it all to the VA with a full medical rationale.

I am still poed over my Nehmer IHD EED. It only involves a few month though.

VA said the IHD EED was day of C & P exam for PTSD. Say what?

The medical evidence from VA Central Strategic Health Team (FTCA docs) said the IHD malpractice occurred beginning on date of an ER visit.

I had laid the foundation for my FTCA case in great detail with supporting med recs.

But NVLSP could have no input into the 1151 IHD issue ,just the AO IHD issue.

Thats OK I asked them to CUE themselves on the decision anyhow in another respect.

VA is very good at picking the least favorable EED ,in some cases, hoping the claimant is so happy with the award,and that the stressful wait is over, that they never appeal the EED..

Edited February 2, 2013 by Berta