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?

[john999]

No increase in rating during the years my claim was on appeal and bouncing back and forth from the VARO to the BVA. But I recently filed a CUE all the way back to 1971 and my lawyer says "we" will win. See what happens when you piss off an old fart.

[Berta]

This topic raises a point that I dont think we talk about much- staged ratings.

It is up to the VA to determine if a staged rating in a retro award is appropriate and I dont think they even take the time to do that anymore unless the vet requests it.

I should have done that in 1997-Nodded the posthumous 100% P & T award they gave my husband but I didnt really know much then.

I wondered -since the award was for 100% -a jump from his 30% in his lifetime- obviously he didn't get from 30 to 100 in a day.

There are cases at BVA as to staged ratings.

They are supposed to determine the level of SC as it increases-but I think this point has to be raised by the vet-to ask for an appropriate staged rating.

This would have impact on many retro awards.

The VA said Rod was 30% until 1991 then 100%- that means at some point he was 50% and then 70% too.

Obviously those facts would have altered the retro.

I would think his 2 VAMC hospitalizations and other stuff would have warranted the staged ratings as they showed his 30% was getting worse prior to the EED they gave him for the 100%.

Then again I didnt NOD it.Maybe I should CUE it.

But the truth is I cant wait for them to finally resolve my issues as they stand and get it all over with-because they have given me VA induced PTSD and PMS (pissing and moaning syndrome)

and VAola paranoia- (when you read a regulation and know exactly what it says and how it applies to your claim-yet you question your own sanity and ability to read because you know the VA will try to manipulate it no matter what you do)

Still- how many of you actually deserved staged ratings? and actually got them?