ptsd Ssd Award Letter!

[LarryJ]

I am SO happy for you. I know that it's been really rough for you and yours.

I don't say much about this, but every morning, before I allow myself to do anything else, I say a prayer. In that prayer, uppermost in my thougts, are you fellow veterans, especially those of you who are STILL fighting the system, after all these years.

"May G-d Bless You and Keep You, and Cause HIS Light to Shine Down Upon You.

And Bring You Peace."

Baruch Hashem (Bless G-d)

[jbasser]

Here is a question for ya? If SSD determined when the disability began and I was already service connected with that disability at 40% for 12 years before that SC disability rendered me disabled, which will comes first or what should the VA do in my case, "effective date of entitlement" as for me being disabled the date I filed or the date entitlement arose what I am referencing is according to SSD that would be 1NOV05 but with the VA it would be 1DEC06 when my paper work made its way through the system for an increase? Thanks Rich

The date entitlement arose or the date the claim was filed, whichever was later. You stopped working because of your back in Nov 05 and you have it in writing and an award from SSDI. If the VA does not use that date, you can NOD and win to that date becaue that is the date the date of entitlement.

It wont be long after you hand in the copy of the SSDI award to the DRO. He may already have the decision written. Just waiting on your letter.

Wouldnt that be a hoot.

J

[yoggie2]

It wont be long after you hand in the copy of the SSDI award to the DRO. He may already have the decision written. Just waiting on your letter.

Wouldnt that be a hoot.

J

That'd be nice but I wouldn't count on Indy being that forth comming. I'd like to think this is what would happen but as hard as they tried to deny me I wouldn't put it past them to get another one of those "miscommunications" to try and slide it by as DEC06. But I am thinking very seriously about witting a letter along with my "SSD Award letter" to just remind them in a nice way, you know to avoid a "miscommunication" on what the reg's are. Do you have that reg or code on hand so that I may inculed that in the letter? or would that be a bad idea? Thanks Rich

[Ricky]

Rich, I would not force my hand on this one. Date of entitlement is one of the basic rules of VA compensation and if you go throwing it up to the DRO you may piss them off.

There are ways to word your cover letter such as: Please find attached my SSDI award dated XXXX which reveals that I was declared totally disabled due to PTSD and DDD effective 1 November 05. I thank each and every one of you who dedicate you lives to assisting disabled veterans.

[jbasser]

Copy and paste it to your letter.

3.400 General.

Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.

(Authority: 38 U.S.C. 5110(a))

(a) Unless specifically provided. On basis of facts found.

(:D Disability benefits —(1) Disability pension (§3.3). An award of disability pension may not be effective prior to the date entitlement arose.

(i) Claims received prior to October 1, 1984. Date of receipt of claim or date on which the veteran became permanently and totally disabled, if claim is filed within one year from such date, whichever is to the advantage of the veteran.

(ii) Claims received on or after October 1, 1984. (A) Except as provided in paragraph (:)(1)(ii)(B) of this section, date of receipt of claim.

(B) If, within one year from the date on which the veteran became permanently and totally disabled, the veteran files a claim for a retroactive award and establishes that a physical or mental disability, which was not the result of the veteran's own willful misconduct, was so incapacitating that it prevented him or her from filing a disability pension claim for at least the first 30 days immediately following the date on which the veteran became permanently and totally disabled, the disability pension award may be effective from the date of receipt of claim or the date on which the veteran became permanently and totally disabled, whichever is to the advantage of the veteran. While rating board judgment must be applied to the facts and circumstances of each case, extensive hospitalization will generally qualify as sufficiently incapacitating to have prevented the filing of a claim. For the purposes of this subparagraph, the presumptive provisions of §3.342(a) do not apply.

(2) Disability compensation —(i) Direct service connection (§ 3.4 ( b )). Day following separation from active service or date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later. Separation from service means separation under conditions other than dishonorable from continuous active service which extended from the date the disability was incurred or aggravated.

(ii) Presumptive service connection (§§ 3.307, 3.308, 3.309 ). Date entitlement arose, if claim is received within 1 year after separation from active duty; otherwise date of receipt of claim, or date entitlement arose, whichever is later. Where the requirements for service connection are met during service, the effective date will be the day following separation from service if there was continuous active service following the period of service on which the presumption is based and a claim is received within 1 year after separation from active duty.

© Death benefits —(1) Death in service (38 U.S.C. 5110(j), Pub. L. 87–825) (§§3.4©, 3.5(B)). First day of the month fixed by the Secretary concerned as the date of actual or presumed death, if claim is received with 1 year after the date the initial report of actual death or finding of presumed death was made; however benefits based on a report of actual death are not payable for any period for which the claimant has received, or is entitled to receive an allowance, allotment, or service pay of the veteran.

(2) Service-connected death after separation from service (38 U.S.C. 5110(d), Pub. L. 87–825) (§§3.4©, 3.5(B)). First day of the month in which the veteran's death occurred if claim is received within 1 year after the date of death; otherwise, date of receipt of claim.

(3) Nonservice-connected death after separation from service. (i) For awards based on claims received prior to October 1, 1984, or on or after December 10, 2004, first day of the month in which the veteran's death occurred if claim is received within one year after the date of death; otherwise, date of receipt of claim.

(ii) For awards based on claims received between October 1, 1984, and December 9, 2004, first day of the month in which the veteran's death occurred if claim is received within 45 days after the date of death; otherwise, date of receipt of claim.

(Authority: 38 U.S.C. 5110(d))

[yoggie2]

This really sucks ya know. I filed for VA increase before SSD and SSD was date for JUNE06. Back when I file for VA increase I just mailed in a letter and kept calling to find out if they had gotten it. They I sent another and 3 months later they had it and months after that I received a letter saying they had gotten my claim for increase 13NOV06 yes that's right it was after the VFW in Fl got involved they really what I feel was started to process my claim and I had long filed with them before I even thought about SSD..I swear its a constant battle with these people and it just seems nothing is ever on the up n' up. This was one of the reasons I wanted to drop this on them in a nice way if it's even possible. I mean really do you think someone who has SC disabilities would dicker around with SSD and just blow off the VA for 7 months when I got around to it. They (VA) screwed this up just like they "miscommunicated" my claim that has set me back over a year.