ptsd Confused About Eed

[mountain tyme]

Berta Wrote:

This recent BVA decision states the EED regs:

http://www.va.gov/vetapp07/files2/0711317.txt

"Generally, the effective date for an award based on a claim

for increase shall be the date of receipt of the claim or the

date entitlement arose, whichever is later. Specific to

claims for increase, the effective date may the earliest date

as of which it is factually ascertainable that an increase in

disability had occurred, if the claim is received within 1

year from such date; otherwise, it shall be the date of

receipt of the"

My question is....I filed my claim for PTSD in 2005 and was granted S/C at 50% in Jan 07. Due to errors in my C/P I requested a reconsideration for a higher rating and my doctor wrote a letter of support as to why my rating based on the VA C/P and the evaluation from a private doctor supported the higher rating of 70% I submitted that request along with the form for Tdiu both at the same time in Feb 07.

In Aug. 07 I granted 70% at 100% Tdiu P/T.

But the VA stated the retro date to be May of 07...So I sent in a letter for them to reconsider the retro date back to the original claim date of 05 because I had stated in my initial letter I was not able to work and also IMO from a board certified phycologist who ran the battery of test also stated in his report that I have been on SSDI since 2001 in which it was stated that Major depression and Anietxy were both noted as to why I was granted SSDI (also I had two physical conditions as well)

so I am confused about EED...would it be from the date the claim was submitted or would the VA use the date that my Doctor sent in the letter of Support for the higher Evaluation??

Thanks in Advance

MT

[Chuck75]

Did the VA explain in writing why they picked the May 07 date? Or is this the date of some event, such as an exam or IMO? If you filed a NOD within the time limits for the original claim, thier answer (when they get around to it) will be interesting.

Berta Wrote:

This recent BVA decision states the EED regs:

http://www.va.gov/vetapp07/files2/0711317.txt

"Generally, the effective date for an award based on a claim

for increase shall be the date of receipt of the claim or the

date entitlement arose, whichever is later. Specific to

claims for increase, the effective date may the earliest date

as of which it is factually ascertainable that an increase in

disability had occurred, if the claim is received within 1

year from such date; otherwise, it shall be the date of

receipt of the"

My question is....I filed my claim for PTSD in 2005 and was granted S/C at 50% in Jan 07. Due to errors in my C/P I requested a reconsideration for a higher rating and my doctor wrote a letter of support as to why my rating based on the VA C/P and the evaluation from a private doctor supported the higher rating of 70% I submitted that request along with the form for Tdiu both at the same time in Feb 07.

In Aug. 07 I granted 70% at 100% Tdiu P/T.

But the VA stated the retro date to be May of 07...So I sent in a letter for them to reconsider the retro date back to the original claim date of 05 because I had stated in my initial letter I was not able to work and also IMO from a board certified phycologist who ran the battery of test also stated in his report that I have been on SSDI since 2001 in which it was stated that Major depression and Anietxy were both noted as to why I was granted SSDI (also I had two physical conditions as well)

so I am confused about EED...would it be from the date the claim was submitted or would the VA use the date that my Doctor sent in the letter of Support for the higher Evaluation??

Thanks in Advance

MT

[mountain tyme]

Good Morning Chuck75,

It will be interesting to what the VA response will be. It could have been a simple typo error...since the reconsideration was based on several typo error's that the VA did to begin with. So I will give the RO office the benifit of the doubt...but regardless of there answer...once I receive there response that will be the end of it for me...I will not pursue the matter any farther...I no longer want to waste positive energy or waste another minute of my life trying to second guess the working of a system that is so flawed to begin with. At the present time I am helping some local Vet's in town with there claims...by helping them find buddies...and requesting there medical records...this way even before a claim is submitted they have a copy of there SMR in there procession...I feel strongly that once a claim is made and if the VA gets there hands on your SMR first things get shit canned... it may not be true but in my heart it is...so I feel so much better if the Vet get's there records first...this way there is no wondering on anyone part here. I quess being obsessive is part of my condition...after going through the process myself...being organized is very important...TIMELINES are very important...buddy statements are heaven sent...and if you can find newpaper articals of an event you hit the jackpot...

but anyways..if I hear any good news I will post. Thank You Chuck

have a great day

MT

[Berta]

"I submitted that request along with the form for Tdiu both at the same time in Feb 07."

They often use date of receipt of the TDIU form as the EED and a vet can NOD this for up to a year more-if the medical evidence supports TDIU back further-to one year orior to filing the form.

still even without considering that -I think they made an error with the May 07 date-