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LightningFan75

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Everything posted by LightningFan75

  1. I think I decided to file an NOD for my TDIU\PTSD effective dates but wanted to get some opinions before I open the can of worms. I filed for PTSD 4/18 and my claim was placed in deferment without a C&P in 7/18. When I called to inquire why I wasn't given an exam, they miraculously sent me an appointment for 12/18 The doctor denied my claim stating my MST trauma was due to a childhood incident, but my claim was never closed. I wasn't sure how to approach not getting a denial, so after going to therapy for several more months, filed a supplemental claim for PTSD, which sent me to another C&P in 8/2019...this time a separate VA doctor didn't even listen to me and falsified 90% of the report, calling my test scores too high to taken reliably and made it a point to say I was exaggerating my symptoms. As soon as I got the documents on MHV, I wrote a letter to impeach his exam. Fast forward to 12/2019 I finally got an exam with a VES psychologist who went line by line with me, through each of my previous C&P exams and basically set the record straight on everything. She was fantastic and took all the time needed to rebut the previous doctors. The award later I received stated that I was granted 30% PTSD as of 9/19 due to my symptoms not warranting a higher rating and a 70% rating as of 12/19 (the date of my C&P, not my claim) stating that it was on this date that factual evidence was presented. Separately, I filed for IU 1/19 when became unable to work due to my PTSD. I was awarded IU as of 12/19 based solely on my 70% rating of PTSD. I want to appeal the IU decision since I filed January of last year but since it's tied to my PTSD I need to appeal that date as well. Considering my last exam was to rebut the previous 2 exams is it likely to get the PTSD effective date moved back and therefore allowing the IU date to move back? My husband isn't convinced we should appeal at all. He's afraid that an appeal for the effective might reverse my 100% P&T by having someone else review the case. If an appeal is made solely for effective date is there a chance of my rating going down or does VBA only focus on the actual appeal? I know i've asked a variation of this before but the thread was taken off topic and died. Thanks for everyone's patience and opinions.
  2. Thanks for everyone's input. My initial claim was in the beginning of 2017. From what I can tell, they placed the claim in a deferred status immediately and then sent me to my first farce of a C&P MH exam. Unfortunately it wasn't until the beginning of last year that my husband finally convinced me to see a therapist. He couldn't take seeing me go through the outbursts and panic attacks anymore (kills him that he can't help). So I've definitely been in therapy longer than 12/13 and have numerous people who can write statements showing PTSD symptoms dating back to 2014. But I digress....since the deferment I did enter new evidence and opened a supplemental claim which is what recently was closed along with the claim that was deferred, I guess since they were both PTSD. As far as the shoulder claim, it took 18 months to get all the evidence I needed to reopen the claim so I don't know if I can appeal for an earlier date since it's past the one year mark. I'm just a little anxious...my husband and I made so many mistakes with my PTSD claim that I feel drew it out longer than it should have...I don't want to make the same mistakes again and would like to use the best appeal process on the new system.
  3. I figured I'd start a new post since my original post in MST is a little old an now off topic since i was approved!!! Merry Christmas Everyone!!! and Happy Holidays for those who don't celebrate!!! I had a Christmas miracle happen! I logged into EB on the 26th and my rating went from 70% to 90%!!! They approved my PTSD at 70% and my shoulder that I've been fighting since forever at 20%. Now the bad news...the effective date of my PTSD was 12/13/2019 even though I submitted my supplemental on 6/13 and have been claiming mental health issues since 2017. Also I first claimed my shoulder in 2017 and they denied my claim without a C&P exam even though I had a report of 2 accidents in my MR. Can I appeal the date of my shoulder since I was never given a C&P and had to gather the evidence on my own? And can I appeal the date of my PTSD since the C&P exams I had from the beginning reported my statements in error? The doctor from the very last exam I had (on the date of the rating 12/13) was wonderful and took the time to go through my past exams and listen to me very careful and set the record straight correcting all of the false statements the previous doctors made, and gave her own opinion based on our discussion coupled with the letter from my current VA MST therapist. See my very first claim of PTSD from 2017 has been in deferment until just a few days ago so technically shouldn't it be still be considered open? So shouldn't I be able to request a back date all the way to the date of that first claim?
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