ptsd Effective Date Of Claim

[Alb]

Just found out I got SC for PTSD/MST through my SO at the regional office with SC date going back four years for pay. Have not got anything official in the mail. My question is about the service connection date. I put in for a secound claim four years ago for PTSD/MST. It got deined, went to the board, then the claim was remanded back to the regional office for further development and the "VA not doing their job in the first place." You see, I put in my frist claim back in 2001 for anxiety (At the time I did not know it was PTSD) Had a phyiological evaluation and informed the doctor that I had been sexually harrassed by several service members (I was still to affraid to talk about the rape). He dx. me with major depression and anxiety. Did not refer me to any military sexual trauma group or therapy for the sexual harrassment. In my frist claim for for anxiety, the VA stated they would be schedualing me for a C&P eval. to see if I had service connection for any phyioloical issues. (which they could have dx. me with PTSD/MST). Well as time went by I never heard from them about any appointment and I had completely forgot. The claimed got deined. At this point after fighting four years, I got tired of no help and not knowing what the heck was wrong with me mentally. At the time I did not even know what a C&P was. After four years of confusion and fighting, I did not appeal. I still did not know I had PTSD yet becaused no one had dx. me yet. I fummbled my way through life for the next year and finally went to a private doctor who dx. me with PTSD related to MST. I refiled for PTSD/MST. The VA sent me a letter stating they were going to re-open the case under PTSD previously claimed as anxiety. My question is can I try to retro the back pay to 2001, if so how and under what? Clear and unmistakable error? The VA did not follow through with the C&P. If they had, I would have been dx. sooner. They some how connected the anxitey to PTSD, because they changed the claimed dx. This whole process took over 8 years. Any help would wonderful!

[Berta]

CONGRATS!!!!

Yes-you could possibly succeed in a better EED by filing a CUE claim- possible-

and by proving they made a legal error in a final unappealed decision.

PTSD is an anxiety disorder- I sure would attempt to CUE them on the older decision.

[halos2]

What rating did they allow? Have you utalized a VSO all throughout your claims process?

Glad you got rated now. Continue to fight! :P

[Alb]

What rating did they allow? Have you utalized a VSO all throughout your claims process?

Glad you got rated now. Continue to fight! :P

I got rated 100% Total not permanent. I have another C&P in two years. They did find me incompetent and my husband has to be my Fiduciary, which is OK with me. There are days were if I did not have his help, I would walk around and be lost. I have been fighting the VA for 8 years, at this point I am glad to take the rating, back pay and move on with my life, which has been taken away from me over the past 20 years. I had a son that was a product of the assault. My husband and I have been married for over 11 years and he has seen the worst of me and we are still together and plan to stay that way. That says a lot about him. Weather the money comes in my husbands name for me or my name, it all goes to pay the same bills, put cloths on our backs and food on the table. I only utilized a VSO once when I first put my claim in 8 years ago. I do believe if had gotten more help, it might not have taken so long. Nobody wanted to help me back then when I mentioned military sexual trauma. They told me It would take a long time and may not win my claim. (I think the men felt uncomfortable taking on the claim) Well, I am Like a bulldog when someone tells me it can not be done or it's going to be hard. So I did it all on my own, and boy was it hard. (not being of sound body and mind at times) I did not have hadit.com back then, or did not know about it, to get all the great info. and advise -- I did the old fashion way-- WALKING IN BLIND. I continued to fight because --I KNEW I WAS RIGHT. FIGHT FOR WHATS RIGHT!!!!!!!!

[Ricky]

Just found out I got SC for PTSD/MST through my SO at the regional office with SC date going back four years for pay. Have not got anything official in the mail. My question is about the service connection date. I put in for a secound claim four years ago for PTSD/MST. It got deined, went to the board, then the claim was remanded back to the regional office for further development and the "VA not doing their job in the first place." You see, I put in my frist claim back in 2001 for anxiety (At the time I did not know it was PTSD) Had a phyiological evaluation and informed the doctor that I had been sexually harrassed by several service members (I was still to affraid to talk about the rape). He dx. me with major depression and anxiety. Did not refer me to any military sexual trauma group or therapy for the sexual harrassment. Was this not the C&P exam??? if not what was it?

In my frist claim for for anxiety, the VA stated they would be schedualing me for a C&P eval. to see if I had service connection for any phyioloical issues. ?(which they could have dx. me with PTSD/MST). Well as time went by I never heard from them about any appointment and I had completely forgot. The claimed got deined. At this point after fighting four years, I got tired of no help and not knowing what the heck was wrong with me mentally. At the time I did not even know what a C&P was. After four years of confusion and fighting, I did not appeal. I still did not know I had PTSD yet becaused no one had dx. me yet. I fummbled my way through life for the next year and finally went to a private doctor who dx. me with PTSD related to MST. I refiled for PTSD/MST. The VA sent me a letter stating they were going to re-open the case under PTSD previously claimed as anxiety. My question is can I try to retro the back pay to 2001, if so how and under what? Clear and unmistakable error? The VA did not follow through with the C&P. If they had, I would have been dx. sooner. They some how connected the anxitey to PTSD, because they changed the claimed dx. This whole process took over 8 years. Any help would wonderful!

What would you contend as the CUE? The denial was the key factor in protecting the effective date (not a C&P exam) The exam could have and should have been one of the key factors in your appeal. Could you please provide the reasons for denial of the claim. You do not have to go into detail of the MST. Thanks

Edited October 8, 2008 by Ricky

[Berta]

I would file a CUE this way-

The past final decision held the wrong diagnostic code.

The DC given was ( whatever they used) and should have been 9411 -by medical evidence )as the enclosed PTSD award reveals.(enclose it)

(I am assuming that PTSD always has same DC regardless of reason for it)

The wrong diagnostic code used by the VA at that time was ____ in (date of the final past decision)-

((gee I am assuming the decision was final)

and you didnt appeal but instead re-opened this claim))

then state-The wrong diagnostic code used by VA at that time manifestly altered the outcome of that claim-and I claim a retroactive award due to this clear and unmistakable error which was detrimental to me, with a proper and more favorable EED.

Throw in the legal citations for CUE and attach copy of the recent decision and rating sheet as well as the old one.

Edited October 8, 2008 by Berta

[1994andcouting.....]

Congratulations on your claim. I do not have any advice, as I am still trying to wrap my mind around the MST/PTSD portion of my claim as well. I know that someone here can definitely help you with that.