ptsd Eed To 1987-ptsd

[Berta]

http://www.va.gov/vetapp07/files1/0707802.txt

Very interesting case-

In part:

"Upon receipt of additional service department records,

relating to the veteran, in December 1998, the veteran's

original service connection claim for PTSD was automatically

reopened and remains open and pending. The RO's adjudication

and grant of the claim for service connection for PTSD in

December 2003 constituted an adjudication of the pending

claim filed on October 8, 1986."

and

"In this case, the effective date would, under normal

circumstances, be January 23, 1998, as that was the date of

receipt of the veteran's current claim. However, the Board

notes that this case involves the situation where new and

material evidence was received, consisting of "a

supplemental report from the service department, received ...

after the decision has become final." 38 C.F.R. § 3.156©.

In such cases, the prior decisions as to that issue are

automatically "reconsidered" based on all the evidence,

thus negating the finality of the prior decisions regarding

that claim. 38 C.F.R. § 3.400(q) (2006). In this case,

there existed prior final decisions on the claim for service

connection for PTSD. Upon the receipt of the additional

veteran's service records, these decisions were automatically

reopened. Thus, upon receipt of the veteran's service

personnel records in December 1998, his original claim for

service connection for PTSD is to be reconsidered."

Order:

"Entitlement to an effective date of May 18, 1987, for the

grant of service connection for post-traumatic stress

disorder (PTSD) is granted."

Tnere is a lot more to this case but might help someone out there.

[john999]

I am asking VA to make my IU award retro to 1971. I had clear evidence of being IU at the time but the VA is now saying I was not IU because of a SC mental condition but due to a personality disorder. They paid me for a mental condition for 36 years but now it is a personality disorder that made me IU. They are reinterpreting all the evidence to suit themselves to avoid a major payout. They say a passive aggressive personality made me psychotic and IU,ha,ha. You talk about some weird logic and solid BS. When I first filed the CUE they came up with a medical report that was ten years after the error to deny it. I got that thrown out but now they are up to the same tricks. They are making it up as they go along.

[carlie]

Damn -- they just suck soooo many claims into the Mulberry Bush, mine too.

[Josephine]

I am going around the " Mulberry Bush", because of " service department records, with all claims opened to 1978.

Why in the heck didn't the VA secure those " Psychiatric Records" themselves in 1978 and when I filed again in 2001.

They waited for me to locate them myself in 2004.

Leaving me with a claim of 43 years to fight to try to prove.

Josephine