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ptsd Filing Nod For Retro Benefits On Ptsd
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Ruffcreek
I was recently awarded 100% for PTSD (HAPPY).
I was paid retro to 2/27/08, the date I submitted the claim for an increase from 50%. My original claim in which I was awarded 50% was submitted July 2006.
38 CFR 4.7 says "where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned."
Dosen't this give me grounds for filing a NOD requesting the higher evaluation of 100% back to July 2006?
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