I Got The Envelope

[MARINEVET]

Today I got the envelope containing the results of my appeal to the BVA and July 21, 2008 remand that was sent to the Huntington Regional Office. The VA granted my claim for SC Major Depressive Disorder at 50% for the period of November 1, 2004 through November 1, 2008. They granted 70% for the period of November 1, 2008 to present. The letter stated to the effect that I could expect to see a check for the back pay in about 15 days. Thanks to everyone for all of the advice I have been given and the encouragement.

Semper FI, Richard

[MARINEVET]

Use the date that the VA knew you were unemployed due to the disorder as the date you ask for TDIU. Why did the VA decide you got worse in 2008? Was there some big factor that tipped you from 50% to 70%? Lots of time the VA will rate you 30-50% when your symptoms are the same as when you finally get rated 70-100% with no explanation except that you are now unemployed due to the SC condition.

The tipping factor in 2008 was the results of the C&P Examiantion.

[Berta]

What a crock- you got higher level of PTSD at a C & P exam-

this is a trick VA uses to get out of paying a staged rating-

The C & P exam was based on ypur condition up to date of C & P exam-so there must have been enough evidence prior to that date to award TDIU-

you can fight that EED-

do you get SSA for the same SC disability?

The VA does that to DMII vets sometimes-

yeah right- if they got DMII at a C & P exam they should sue VA for misdiagnosis nd malpractice if the VA recs revealed they already had DMII.

But they can win more EED if they NOD.

[john999]

Fight for the EED since the only difference in your condition was the exam. This is a dirty trick as Berta says. This is how they cheat vets out of thousands of dollars with these baseless staged ratings. I had a rating in 1973 that was based on the same evidence and diagnosis as the rating I got 30 years later. I got 10% for the one in 1972 and 70% for the one in 2002. I got 30% in 1995 when I was actually better than in 1972.

[MARINEVET]

Fight for the EED since the only difference in your condition was the exam. This is a dirty trick as Berta says. This is how they cheat vets out of thousands of dollars with these baseless staged ratings. I had a rating in 1973 that was based on the same evidence and diagnosis as the rating I got 30 years later. I got 10% for the one in 1972 and 70% for the one in 2002. I got 30% in 1995 when I was actually better than in 1972.

Thanks for pointing that out. I never thought of the effictive date issue until you and Bertha brought it up. I will be looking into an EED and am currently in the process of filing for PTIU. You got to love this site. Once again thanks for the valuable advice.

[MARINEVET]

What a crock- you got higher level of PTSD at a C & P exam-

this is a trick VA uses to get out of paying a staged rating-

The C & P exam was based on ypur condition up to date of C & P exam-so there must have been enough evidence prior to that date to award TDIU-

you can fight that EED-

do you get SSA for the same SC disability?

The VA does that to DMII vets sometimes-

yeah right- if they got DMII at a C & P exam they should sue VA for misdiagnosis nd malpractice if the VA recs revealed they already had DMII.

But they can win more EED if they NOD.

Yes Berta I get SSDI and have for a couple years now. As I stated in my reply to John, I am in the process of requesting PTIU and now that you have brought the EED to my attention I will be requesting that too. Thank you all for being here with your valuable knowledge. I would have never thought to have asked for the EED if you had not brough to my attention. Richard

[Berta]

Usually the award the date they got the TDIU claim for EED- however if you get SSA solely for PTSD you can one year and maybe even more prior to their EED for TDIU.( I am not sure of the more part)

I had personal experience with that-

husband-30%SC but filed for higher SC %-1993

SSA awards for solely PTSD 1993

1997 VA awards 100% P & T for PTSD= retro date -same date as SSA award,1991 - 2 years prior to his filing the claim.

He was dead for 3 years already by then.

First 38 CFR stated I was eligible for one year of his retro.The VA farted around with this claim for so long that the regs changed- they had to send me two years retro-

I filed claim under a new reg Bonny V Principi for the additional year-I think they made a paper airplane out of that claim-

Now a widow gets ALL retro if SC death is after this new reg date which I forget when-

They now owe me that additional retro year due to the Nehmer court order.My Bonny claim is moot.But it was fun.

I still think the OGC should have decided- with a Pres op- the premise of that claim.

Usually the award the date they got the TDIU claim for EED- however if you get SSA solely for PTSD you can one year and maybe even more prior to their EED for TDIU.( I am not sure of the more part)

I had personal experience with that-

husband-30%SC but filed for higher SC %-1993

SSA awards for solely PTSD 1993

1997 VA awards 100% P & T for PTSD= retro date -same date as SSA award,1991 - 2 years prior to his filing the claim.

He was dead for 3 years already by then.

First 38 CFR stated I was eligible for one year of his retro.The VA farted around with this claim for so long that the regs changed- they had to send me two years retro-

I filed claim under a new reg Bonny V Principi for the additional year-I think they made a paper airplane out of that claim-

Now a widow gets ALL retro if SC death is after this new reg date which I forget when-

They now owe me that additional retro year due to the Nehmer court order.My Bonny claim is moot.But it was fun.

I still think the OGC should have decided- with a Pres op- the premise of that claim.