ptsd They Denied My Nod For Retro Pay

[iraqx2]

Here is a quick summary of my situation-

When I was on 30% for PTSD for a couple years, the VA decided to call me in for an reevaluation on Dec, 2007.

A C&P was done and the a decision was made in January 2008, keeping my rating at 30% ( meaning a VA way of saying ooops, he is actually worse )

I filed an NOD in April 2008, stating that my C&P results/Dr.'s Statement was actually warranting a 70 % rating.

May 2008, they then decided to denied my request, but gave the option to file another NOD.

In November 2008 when I lost my job, I filed another NOD, which resulted in another C&P exam and also submitted new evidence from private doctor.

April 2009, a favorable decision was made giving me 70 for PTSD. I then filed another C&P stating the retro was calculated from November 2008 and should have been carried over from the original NOD from April, which was off the exam from Nov 2007.

The other day they sent a unique letter ( more like someone actually personally typed it ) stating that my NOD is invalid and my effective date was indeed when the new evidences were submitted in November. The letter also mentioned my claim for TDIU and if I wanted to drop the appeal. The tone was more like " we gave you what you wanted, now you want a bigger retro?".

They are saying that my symptoms have worsened, but only since November 2008.

I am saying ( including the results of the original C&P )that my symptoms have worsened since November 2007 and the lastest decision is a win based off the original C&P Exam in November of 2007. It should be a continuous of my original appeal. We are talking about $10k worth of retro.

What should I do now?

[Pete53]

If the Doc understands that the purpose of his opinion is to shred the VA C&P than it can win for you.

Good Luck

[deltaj]

Here is a quick summary of my situation-

When I was on 30% for PTSD for a couple years, the VA decided to call me in for an reevaluation on Dec, 2007.

A C&P was done and the a decision was made in January 2008, keeping my rating at 30% ( meaning a VA way of saying ooops, he is actually worse )

I filed an NOD in April 2008, stating that my C&P results/Dr.'s Statement was actually warranting a 70 % rating.

May 2008, they then decided to denied my request, but gave the option to file another NOD.

In November 2008 when I lost my job, I filed another NOD, which resulted in another C&P exam and also submitted new evidence from private doctor.

April 2009, a favorable decision was made giving me 70 for PTSD. I then filed another C&P stating the retro was calculated from November 2008 and should have been carried over from the original NOD from April, which was off the exam from Nov 2007.

The other day they sent a unique letter ( more like someone actually personally typed it ) stating that my NOD is invalid and my effective date was indeed when the new evidences were submitted in November. The letter also mentioned my claim for TDIU and if I wanted to drop the appeal. The tone was more like " we gave you what you wanted, now you want a bigger retro?".

They are saying that my symptoms have worsened, but only since November 2008.

I am saying ( including the results of the original C&P )that my symptoms have worsened since November 2007 and the lastest decision is a win based off the original C&P Exam in November of 2007. It should be a continuous of my original appeal. We are talking about $10k worth of retro.

What should I do now?

Look carefully at the wording of your April 2008 Notice of Disagreement. Could this be construed as an informal claim for increase under 38 CFR 3.155? V.A. may have missed the fact that this was a worded as a claim for increase. This claim for increase was filed within a year of a V.A. examination which you state showed an increase. Look at the wording of 38 CFR 3.400 (o) (2). Get a service officer to help you word a claim of clear and unmistakable error addressing the issue of your entitlement to an earlier effective date of your increased rating. Make sure that claim again addresses your pending claim for TDIU.

Edited June 13, 2009 by deltaj

[poolguy11550]

I filed an NOD in April 2008, stating that my C&P results/Dr.'s Statement was actually warranting a 70 % rating.

The original C&P exam, Dec 07- how was the wording that the examiner used, was it comparable to the 70% rating? If it is comparable to the 70% rating then have your IMO Dr. review it and state such- specify in detail . This would effectively reveal that the rater or rating team did not understand the complexity of what the Dec07 examiner was writing.

Otherwise, I fully agree with Clownman.

[iraqx2]

In all honesty, this whole doing is because I felt strongly that the original wording on my 07 C&P exam warranted a 70% rating and I felt that my condition warranted a 70% rating.

Just like any battle with the VA, all of us Vets need to remember that so many games are being played by the VA.

What if they knew that I ( or any other Vets in so many claims ) "was" indeed warranted a certain higher rating, and the protocol was to deny it, stall the claim, but eventually will agree at a certain point.

However, who determines that " certain point "? THEY DO.

The system is so screwed up, all of us can not believe what the VA is doing is in our best interest. That is why this forum exists.

In the mean time, the Veteran either continue to suffer, dies, or/and win their claim while years passes by.

They will then pay you on the last known evidence even though it was spawned off the original NOD or Claim.

Again, I felt that I was screwed and the VA saved around 10k if I don't question them.

Comprende?

[john999]

Clown Man

You are right about the VA giving weight to a particular piece of evidence to give the effective date they want to bestow. I had a claim on appeal for about 4 years. I got so fed up with the denials and remands I went to a new shrink. He said I was 70% unemployable etc in the present tence. I got the IU award based on his letter. I just did not get it until the hammer fell on me. Four years of appeals wiped out as far as effective date. This is sort of "inside baseball", and how should a vet know this until it is too late. I got zero help from the DAV. The VA plays more games with effective dates than anything. If we all had attorneys from day one this would not happen if the lawyers were worth their salt.

[deltaj]

Clown Man

You are right about the VA giving weight to a particular piece of evidence to give the effective date they want to bestow. I had a claim on appeal for about 4 years. I got so fed up with the denials and remands I went to a new shrink. He said I was 70% unemployable etc in the present tence. I got the IU award based on his letter. I just did not get it until the hammer fell on me. Four years of appeals wiped out as far as effective date. This is sort of "inside baseball", and how should a vet know this until it is too late. I got zero help from the DAV. The VA plays more games with effective dates than anything. If we all had attorneys from day one this would not happen if the lawyers were worth their salt.

During those 4 years did you receive an increase in rating? If so look at 38 CFR 3.400 (q)