firedog974

I looked t my decision letter very thoroughly, and the key thing they left out was (on the page of applicable laws they based their decision on) the statute for effective dates was missing. They specifically ignored this statute in my decision, and I bet it's the same with yours. I appealed requesting a higher level review with telephone conference. We will see what happens...

Look at your award letter and on the 5th or sixth page (maybe wrong) there should be a list of statutes used in granting your decision. I have a screwed up effective date, and lo and behold the statute for effective dates is not listed, meaning they did not take that law into consideration when granting my appeal. Im now appealing that...

Just my experience with a PTSD claim, but don't rely on ANYTHING from the VA or the records you believe are in your personnel file. From my own experience, I was diagnosed in service with PTSD in 1993. I never sought treatment since then, and thought the doctor was full of it. Come 2016, after years of sleeping issues and issues with anxiety and depression (as well as a lot of self medication with alcohol), and several counselors suggesting I have PTSD, I filed a claim. My claim was initially denied because they could not verify the stressor incident. That had me baffled.... after all, an after action review of the incident was conducted by my CO and a 1 star.... Surely there must be a mistake..... I requested my service records to find out they consist of (wait for it) only my enlistment contract. Additionally, there is no record of me being diagnosed with PTSD in service, as my medical records from my service in Somolia are missing (shocker). That taught me (the hard way) to find as much evidence as I could ON MY OWN to support my claim. I was able to locate a ton of evidence, including eyewitness accounts from my platoon mates who were there. Just over three years after first filing, I won my appeal. Moral of the story, NEVER rely on the VA to make you case for you. I know it is intimidating to ask an old friend to write a statement, and for me, it made me feel kind of weak (just as asking for help with PTSD did). I was very surprised that my old platoon mates were more than happy to write a statement for me, and were very supportive, and some were dealing with their own issues... I wish you luck, but my advice is to fully load your gun before firing down range. Don't expect the VA to do the right thing.

Just found out I don't have to pay them any retro, because I was awarded none (even if I get some in the future) and they advised me to use an attorney. Any advice on a good one?

Sounds like there is a lot of that going around. I'm in the exact same boat. I originally filed in Jan 2016, but they made my effective date Mar 5, 2019 because that is the day their shrink diagnosed me....lets ignore the stuff from my doctor that started the claim I guess. And, just like you, my initial C&P doc diagnosed me with everything but PTSD because he couldn't verify the stressor. I guess this is their new game.

I agree. This is a case of me not knowing any better, and being tired of fighting the VA on my own. I had IMO that confirmed my diagnosis (which the reason I submitted my claim) but the biggest hurdle for me was getting it service connected due to missing service records. I did that on my own. As I said, I didn't know any better at the time, but I would have been much better off using a lawyer. Medical consulting was not the right venue for my particular situation. Either way, I am just happy I was successful, but I think this next step (retro pay) is where a lawyer would be ideal....but I'm stuck with what I have for now.

I am using Vet Comp and Pen. Yes, I won my appeal, but I did almost all of the legwork for it. I did not read the fine print, and I thought they were a VA rep, and they are not. Many times I had questions, I would call them, and they would tell me to call the VA. Now I have to pay them 4x my increase and 10% of any retro I get. I don't think they were worth the money, but many vets had a lot of good things to say about them, so I went with them. I will hire an attorney next time. Learning experience.....

I used a medical consulting company with my appeal, but am kind of regretting it at this point. Wish I would have gone with a lawyer. Hopefully the company I am with will give me some direction, as they won't get paid any retro either....

Makes sense. I appreciate the info, I knew it didn't seem right. I guess this will be my next fight with them....

Thanks vet quest. Not sure what an EED appeal is, can you elaborate? How long does something like that take? This claim has been going on for over 3 years...

Hi all, I recently won a RAMP appeal that originally started Jan 2016 when I put in a claim for PTSD. I received my decision letter today, and the effective date is March 5, 2019. Just wondering if anyone has any advice on where to go from here, as I feel the VA (as usual) screwed this one up. In my decision letter it states the reasoning for the effective date as follows-"You were diagnosed with just alcohol use disorder on Aug 24, 2016 VA initial PTSD exam. Alcohol use disorder by itself is not a disability for VA purposes. You now have a diagnosis of PTSD, therefore alcohol use disorder was included with it. We have assigned an effective date of March 5, 2019 which is the day the facts found show that you had a diagnosis of PTSD. An evaluation of 50% is assigned March 5, 2019" So a little back story, when I initially filed, at the C&P exam, the shrink told me they could not find evidence of the stressor event, so he stated he could not diagnose me with PTSD (couldn't just take my word for it). I filed an appeal when I received my denial letter, and submitted a report from my doctor with a diagnosis of PTSD, and began doing my own research to verify my stressor (The VA advised much of my personnel record was missing). I submitted a lot of evidence during my appeal, and was finally granted it. So is the VA essentially saying we know you filed for a PTSD rating over 3 years ago, but despite what your doctor said, the effective date is only when our doctor diagnosis you? Is this correct, or is the VA wrong? Any input for my next step (if there is one) would be appreciated.

Any word on your effective date? They screwed mine up as well, and it looks like i will have to appeal (again) to fix it.

Thanks everyone! Been a long road, but it's nice to get good news.

Checked bennies today and it look like they approved my claim! I have been rated 50% for PTSD, so my overall rate is now at 60%. What a relief this is finally over! Thanks for all of the help everyone has given me here, it is appreciated!

Will Do. Sitting at Pending decision approval, so it's getting close. Awesome news! Congrats!

Awesome news! Very happy for you!

I hope it is a good outcome!

Good luck, and thanks for the advice! Hopefully they will do the right thing...

I think the new C&P and the other independent docs who submitted stuff will be in my favor. I wish I would have had this info a few years back, because I certainly would have filed a complaint on one doc! Thank you for letting me know, I will use it in the future if needed.

Thanks for the nice words. Mine is kind of an uphill battle, but I’m ready for it. Here goes my long winded rant.... I have been diagnosed with PTSD over the years by different, non VA docs (ironically, during marriage clounceling sessions). I never really sought out real help until about 5 years ago, and didn’t take to it well. I finally asked the VA for help about 3 1/2 years ago and was told by the C&P doc “we have no record of this BS.” Needless to say, that exam did not go well. I was denied, and filed an appeal. Since that time, I did my own research and found I have little to no records of my service in the army. I served in the army from 1992-1995, army reserves from 96-97, and Marine Corps from 97-2003. When I look at my service record from the Marine Corps, it has everything... certs of commendation, fit reps, licenses I held, rifle range scores, ect... I looked at my army records, and all that is there is an enlistment contract! I was blown away. I did my own research, and tracked down my LES’s that show foreign service and hostile fire pay, as well as a roster for recipients of awards for operation restore hope. At the same time I found a platoon mate who I spoke with and wrote a statement concerning the issue I was asking the VA to give me treatment for. I have submitted it all, and am waiting to hear. I went from gathering of evidence to pending decision today, just a day after my C&P. Hopefully that is good. If I loose, the good news is I have managed to reconnect with a lot more of the guys I served with (including my plt Sgt) all of who were there during the incident. I have not asked for a statement from them yet, but I will if I need to. It is kinda hard asking for statements, because it makes you (at least in my opinion) sound weak. But I will ask for them if I need to. I hate this whole process, but I am really happy I had a good shrink this time. I am just ready to put it all behind me and move on and get better. Not that it means much, but admitting all of this here is a bit liberating, and makes me feel better. Sorry for the long rant.

I’m kinda in the same boat. I appealed in Jan 2016, and opted into ramp Aug 2018. Went from prep for decision this month, to gathering of evidence, and a C&P exam today. I guess it will be a few more months, but I’m not getting my hopes up (even though the doc at the C&P confirmed my diagnosis). It’s all a crap shoot I guess... I’m tired of stressing about it, I’m just gonna take it as it comes. Hope you receive some good news soon! I feel your pain bro!

Thank you! I not only got through it, but it was the best C&P exam I have ever had, and the doctor was one of the best shrinks I’ve ever dealt with. I REALLY was stressed about it because I have had some horrible experiences with VA docs (I came very close to getting into a physical confrontation with one). this doc was not only extremely patient, but gave several suggestions on moving forward. I was very impressed, and actually felt better after the exam than I did before it (never had that happen). Of course, he was not a VA doc, so that may have something to do with it. Now it’s back to the hurry up and wait game to see where I end up. I’ll let everyone know how it pans out when it’s all done. Thanks for all the help.

I just got a call from the VA, they do need another C&P exam. I was really hoping to avoid another exam, but oh well. Just shows how unreliable that online system is.

Claim is at the same stage, but it now has (under documents needed from me) Request 2 Due Date: Not available Status: No Longer Needed Exam Request - Processing What the hell is this? any ideas?

https://benefits.va.gov/benefits/appeals-ramp.asp RAMP was discontinued on February 15, 2019, ahead of full implementation of the Appeals Modernization Act.