ptsd Question For Berta Or Anyone?

[chief 313]

dear berta, granted 100% p&t ptsd and mdd june ist 2007. filed orgional claim may 2006.granted 30%ptsd and mdd sept 06.lowed balled,more like 50%.filed for increase 28 of oct o6.quit working april 06.my pc doctor said unemployable june o6 due to ptsd and mdd. what should correct efective 100% date be?the va says oct 06. or april 06. thanks for all answers.best regards chief313.

[Ricky]

filed orgional claim may 2006

granted 30%ptsd and mdd sept 06.

filed for increase 28 of oct o6.

quit working april 06.my pc doctor said unemployable june o6 due

Was the original Sept 06 decision appealed - you said you filed for an increase in Oct 06. This is hard to understand for the normal course would have been to NOD the Sept 06 decision vs filing for an increase.

If you appealed the Sept 06 rating within the required time limits then it appears the effective date should have been May 06 the date of receipt of the claim.

If you did not appeal and somehow began a new claim????? then the effective date would have been Oct 06

Edited June 6, 2007 by Ricky

[free_spirit_etc]

Would he need an appeal? Wouldn't a file for increase a month after the Sept 06 decision be an NOD that he disagreed with the rating(which he had one year to file)?

They could go back to the original claim date, in that case.

But their other move would be to set the date of the 100% to the date they decide he actually became 100% disabled..

Free

filed orgional claim may 2006

granted 30%ptsd and mdd sept 06.

filed for increase 28 of oct o6.

quit working april 06.my pc doctor said unemployable june o6 due

Was the original Sept 06 decision appealed - you said you filed for an increase in Oct 06. This is hard to understand for the normal course would have been to NOD the Sept 06 decision vs filing for an increase.

If you appealed the Sept 06 rating within the required time limits then it appears the effective date should have been May 06 the date of receipt of the claim.

If you did not appeal and somehow began a new claim????? then the effective date would have been Oct 06

[Berta]

"my pc doctor said unemployable june o6 due to ptsd and mdd. what should correct efective 100% date be?the va says oct 06. or april 06. "

I would think April 2006 should be the effective date of TDIU as long as the doctor supported this above statement and it is all documented-as it was your last date of employment-

Did VA give any rationale at all to support the date they gave you?

Also they often give any SSA date of employability if it is solely for the SC condition and can go back one year prior to the claim date.

Example : my husband filed for higher PTSD rating -Oct or Nov- 1992-

SSA awarded for PTSD back to Oct 1991. The posthumous award said 100% SC as of Oct 1991.

They didnt refer to the SSA award in the narrative but quoted his shrink.

Yet it was obvious that this is how they arrived at this date.

When a doc or SSA says you are unemployable -VA and SSA uses the last date of employment in many cases-as the EED.

This is an advantage if the claim date came after any medical evidence of a prior unemployment date.

But they wont go further back than a year.

Edited June 6, 2007 by Berta

[deltaj]

This comes under a provision in 38 CFR 3.400 which states that new and material evidence received during an appeal period or prior to an appellate decision will permit assignment of a rating as though the former decision had not been rendered. What was the date of the first V.A. examination which granted the increase which was granted September 2006? I know there may be a way to do this as a CUE claim because my husband's DAV rep did this for him based in part on new and material evidence from Social Security. Look at 38 CFR 3.157 ( and 38 CFR 3.400 (q).

dear berta, granted 100% p&t ptsd and mdd june ist 2007. filed orgional claim may 2006.granted 30%ptsd and mdd sept 06.lowed balled,more like 50%.filed for increase 28 of oct o6.quit working april 06.my pc doctor said unemployable june o6 due to ptsd and mdd. what should correct efective 100% date be?the va says oct 06. or april 06. thanks for all answers.best regards chief313.

[mobie16r]

chief,If you would have filed a nod and ask that your claim be reconsider from initial date may of 1966,your effective date would have been May of 1966 but i see you filed for increase sept 6 1966, this might be your effective date.I hope that va taken in consideration that your ptsd symptom was condsider unemployable by your private doctor June 1966 and make that your effective date.Congratulation on your award and i wish you GOOD LUCK on effective date.

mobie