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

[mobie16r]

This is his service connection decision.

DECISION

Service connection for post traumatic stress disorder is granted with an evaluation of 50 percent effective August 17,2004.

EVIDENCE

• Notice of Disagreement received March 9, 2006

• VA Form 21-0781, Statement in Support of Claim for Service Connection for Post Traumatic Stress Disorder, received March 29,2007

• Response received from U.S. Armed Services Center for Unit Records Research (CURR) for stressor verification

• Review of your claims file

REASONS FOR DECISION

Service connection for post traumatic stress disorder.

Review of your service records show you served in the Army for the period of February 28,1969 through October 2,1970. You were stationed in Vietnam for the period of July 26,1969 through October 1,1970. Personnel records show you were awarded the Vietnam Service Medal and Vietnam Campaign Medal. You reported your traumatic events to include after arriving at Pleiku you were part of a recovering party when a C-7 Caribou crashed. You reported the plane was still burning when the recovery party arrived. This incident has been verified.

Outpatient treatment record dated February 7,2005 shows you reported waking up several times during the night with nightmares. Your mood was noted to be depressed and your thought content was without any delusions or suicidal ideas or intent or plans. Treatment record dated November 18,2005 shows you reported having nightmares and flashbacks about Vietnam. You also reported that you easily get startled with big noises. Treatment record dated August 2,2006 show you continue to have nightmares about the war and that medication had not helped. You denied suicidal and homicidal ideations, auditory and visual hallucinations. Your mood was noted to be depressed and your insight and judgment was noted to be adequate.

At your VA examination dated November 30,2004 you reported being depressed and having a foreshortened perspective of your future. You reported having anxiety and being worried about everything. You reported having difficulties both falling asleep and staying asleep. You reported having flashbacks about the war at least two times aweek. You also reported being irritable, short tempered and having problems with anger. The examiner provided a diagnosis of post traumatic stress disorder which was chronic.

Service connection for post traumatic stress disorder has been established as directly related to military service.

An evaluation of 50 percent is assigned from August 17,2004, the date of claim that resulted in your appeal. An evaluation of 50 percent is assigned for occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social

relationships. A higher evaluation of 70 percent is not warranted unless there are deficiencies inmost areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.

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.

mobie

[Berta]

Reading that decision- I feel you should ask for a Reconsideration of his EED-

and ask them to put the NOD on hold if you sent that in yet- if you didnt send it in yet-I would hold off on filing it- unless they dont decide the Reconsideration request before the year NOD date runs out.

I sure wqould use a copy of the older decision to support the reconsideration request- great evidence-

This vet-in my opinion- should be awarded back to the date they said he had PTSD.

They will deduct any pension he got from the EED award--but still he would finally be granted SC PTSD with a better EED.

[mobie16r]

Thanks,Berta

That is exactly what i am going to do,file a reconsideration,he we to a private clinic psychologist Tuesday and i gave him copys of his desicion for the psychologist to look over,so he will have new material to submitt for reconsideration.

mobie

[LarryJ]

Mobie,

You are being a good advocate for this veteran.

I would like to thank you.

[mobie16r]

Thank Larryj for your comment

mobie

[mobie16r]

Instead of asking for a reconsideration,i thank i will get all of the old evidence and the new together and file a NOD and ask for a reconsideration but DE NOVA "DRO".It will take longer but,i thank this is the best way to go.Suggestion ANYONE?

mobie