ptsd Need Some Answer

[mobie16r]

If a veteran is granted a NSC for ptsd by va and two years later file a claim for service connection compensation ptsd, and get it granted.Can it be retroactive from the date that va granted NSC?

Thanks mobie

[Berta]

I would think so- the vet would have to file a NOD on the SC decision as to the EED.

Otherwise -if the decision is beyond the one year NOD period-the vet would have to file a CUE claim.

[carlie]

Isn't a claim for pension, automatically considered to also be a claim for SC and visa versa?

carlie

[mobie16r]

Carlie and Berta i am helping this veteran that was granted a pension by the va in 2002 for PTSD and he was also drawing social security disability,his veteran service officer submitted the claim for pension and he was not suppose to be receiving pension and when va found out he was drawing social security disabilitiy, va stop paying va pension and garnish his social security check.He came to me for help in May of 2005 and i asked him had he ever filed a claim for PTSD and he said that he had never filed for PTSD.I went ahead and filed a claim for ptsd and i find out in March of 2006 that his VSO had filed a claim for service connection PTSD in August 2004 and his claim was denied in March of 2005 because he did not have a in-service stressor, his claim had Two weeks left before it would have been closed-out and he would have had to reopen it.I filed a nod and asked for a DRO and in the mean time i did some research in the units that he was attached to in vietnam and i found him a in-service stressor,it took over Two years,but he was service connected 50% in September and the Two years that he draw Pension for PTSD va deducted the remanier which was about fourteen grand.I thank va was wrong for that because again va was paying him pension from 2002 up to 2004 for PTSD.I thank both of you for your response.

mobie

[cowgirl]

I am not Carlie or Berta, but am Curious if reading the veterans CFile could confirm that VA was indeed paying him for PTSD 2002=2004. That may help explain more of your inquiry. cg

.

I thank va was wrong for that because again va was paying him pension from 2002 up to 2004 for PTSD.I thank both of you for your response.

mobie

[Berta]

"it took over Two years,but he was service connected 50% in September and the Two years that he draw Pension for PTSD va deducted the remanier which was about fourteen grand" = this all should be raised in the NOD- as to the confirmed stressor and a better date foe his SC EED-

I assume he got the SSA benefits solely for PTSD?

He should formally apply for TDIU too.

[mobie16r]

DEPARTMENT OF VETERANS AFFAIRS

Regional Office

345 Perry Hill Road

Montgomery, AL 36109-3798

VA File Number

Represented by: ALABAMA DEPARTMENT OF VETERANS AFFAIRS

Rating Decision January 30, 2003

INTRODUCTION

• is a Vietnam Era veteran. He served in the Army from February 28, ! 969 to October 2, 1970.

DECISION

Entitlement to a nonservice connected permanent and total evaluation is granted, effective November 15, 2002, date of receipt of claim .

EVIDENCE "reatment Reports, VAMC Tuskegee, dated January 29, 2003

REASONS FOR DECISION Entitlement to nonservice-connected pension.

Treatment records from Tuskegee VAMC shows complaints of vegetative depression, poor sleep, disorganization, forgetfulness, nightmares^ nightsweats, flashbacks and depression. This condition has been exacerbated due to the veteran's inability to work. He reports auditory hallucinations. He reports irritable mood with problems with his family. Diagnosis given as posttraumatic stress disorder with GAP of 50.

The veteran is unable to secure and follow a substantially gainful occupation due to disability. The veteran is 55 years old, has a level of education reported as 12th grade, and last worked in November 200. The evidence shows the veteran to be disabled due to his disability, of posttraumatic stress disorder

REFERENCES:

Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief contains the regulations of the Department of Veterans Affairs which govern entitlement to all veteran benefits. For additional information regarding applicable laws and regulations, please consult your local library, or visit us at our web site, www.va.gov

This is the veteran rating decision.Va got on this decision letter that he is a Vietnam Era veteran there mistake this veteran serve eighteen months in vietnam.Have his DD form 214 and form 20.

mobie