ptsd Eeds One Year

[Berta]

I finally found the regs that explains better then I can-why some claims can receive a EED that is one year prior to date of filing the claim.

I always used my husband's posthumous award to show what I meant but here are the regs:

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. 38 U.S.C.A. §

5110; 38 C.F.R. § 3.400.

A TDIU claim is a claim for increased compensation, and the

effective date rules for increased compensation apply to a

TDIU claim. See Hurd v. West, 13 Vet. App. 449 (2000). The

effective date for the grant of increase in disability

compensation is the earliest date as of which it is factually

ascertainable that an increase in disability had occurred if

the claim is received within one year from such date,

otherwise, the date of the receipt of the claim. 38 C.F.R. §

3.400(o)(2).

It still sounds like VA double talk-but it does mean that if the medical evidence warrants

a higher rating prior to the actual date of filing the claim-then the EED rules above should kick in -"if the claim is received within one year from such date".

This is why it can be important to file TDIU claims ASAP.

A vet could get a SSA award for a NSC condition that becomes SC and basis for TDIU award but that favorable one year prior to claim date EED is lost if the veteran does not inform VA of the SSA award ( # 18 question on the TDIU form) or tell them in some other way prior to the end of the year prior to filing the claim.

HUH? I guess I am making this explanation more convoluted than the regs are.

I overheard a Vietnam vet tell my former rep (he had PTSD claim in progress) that he also had got SSA award for PTSD.The rep said- Gee that is interesting and did nothing else about this news.I didnt say anything because by then I was a sore spot for this whole outfit of reps-

but I hope the vet told VA of this award- it was far more important then being very interesting-

if the vet did fill out the 21- 8940 form prior to the SSA award he could have checked No to # 18 and then nothing would have triggered VA to get his SSA records.

If he succeeded with his VA claim, the actual EED could have been more favorable

then date he filed the VA claim-if the SSA award preceeded the claim filing date -by up to a year.

[deltaj]

I finally found the regs that explains better then I can-why some claims can receive a EED that is one year prior to date of filing the claim.

I always used my husband's posthumous award to show what I meant but here are the regs:

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. 38 U.S.C.A. §

5110; 38 C.F.R. § 3.400.

A TDIU claim is a claim for increased compensation, and the

effective date rules for increased compensation apply to a

TDIU claim. See Hurd v. West, 13 Vet. App. 449 (2000). The

effective date for the grant of increase in disability

compensation is the earliest date as of which it is factually

ascertainable that an increase in disability had occurred if

the claim is received within one year from such date,

otherwise, the date of the receipt of the claim. 38 C.F.R. §

3.400(o)(2).

It still sounds like VA double talk-but it does mean that if the medical evidence warrants

a higher rating prior to the actual date of filing the claim-then the EED rules above should kick in -"if the claim is received within one year from such date".

This is why it can be important to file TDIU claims ASAP.

A vet could get a SSA award for a NSC condition that becomes SC and basis for TDIU award but that favorable one year prior to claim date EED is lost if the veteran does not inform VA of the SSA award ( # 18 question on the TDIU form) or tell them in some other way prior to the end of the year prior to filing the claim.

HUH? I guess I am making this explanation more convoluted than the regs are.

I overheard a Vietnam vet tell my former rep (he had PTSD claim in progress) that he also had got SSA award for PTSD.The rep said- Gee that is interesting and did nothing else about this news.I didnt say anything because by then I was a sore spot for this whole outfit of reps-

but I hope the vet told VA of this award- it was far more important then being very interesting-

if the vet did fill out the 21- 8940 form prior to the SSA award he could have checked No to # 18 and then nothing would have triggered VA to get his SSA records.

If he succeeded with his VA claim, the actual EED could have been more favorable

then date he filed the VA claim-if the SSA award preceeded the claim filing date -by up to a year.

Your experience of overhearing a service officer failing to comment on an award of Social Security Disability reminds me of an experience I had with a female veteran who told me her story. We were out front of the home my husband and I own when this friend of mine who has PTSD told me that she had informed her service officer she was receiving Social Security Disability for her service connected condition and he told her that it would do not good to raise that issue with V.A. I explained to her that she needed to go to Social Security immediately and to submit a written request to Social Security to send copies of her medical records to V.A. in support of her pending claim for TDIU (total disability and individual employability.) My friend did this and got 100% from V.A. Everytime I see her she has a smile on her face and I feel good that I helped her get her total disability rating.

[deltaj]

Your experience of overhearing a service officer failing to comment on an award of Social Security Disability reminds me of an experience I had with a female veteran who told me her story. We were out front of the home my husband and I own when this friend of mine who has PTSD told me that she had informed her service officer she was receiving Social Security Disability for her service connected condition and he told her that it would do not good to raise that issue with V.A. I explained to her that she needed to go to Social Security immediately and to submit a written request to Social Security to send copies of her medical records to V.A. in support of her pending claim for TDIU (total disability and individual employability.) My friend did this and got 100% from V.A. Everytime I see her she has a smile on her face and I feel good that I helped her get her total disability rating.

Somewhere here we should be discussing 38 CFR 3.157 can kick in as an informal claim under 38 CFR 3.155 if a claim for increase is received within a year of the increase. I'm not sure I totally understand this myself.

Edited June 13, 2009 by deltaj (see edit history)

[deltaj]

I finally found the regs that explains better then I can-why some claims can receive a EED that is one year prior to date of filing the claim.

I always used my husband's posthumous award to show what I meant but here are the regs:

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. 38 U.S.C.A. §

5110; 38 C.F.R. § 3.400.

A TDIU claim is a claim for increased compensation, and the

effective date rules for increased compensation apply to a

TDIU claim. See Hurd v. West, 13 Vet. App. 449 (2000). The

effective date for the grant of increase in disability

compensation is the earliest date as of which it is factually

ascertainable that an increase in disability had occurred if

the claim is received within one year from such date,

otherwise, the date of the receipt of the claim. 38 C.F.R. §

3.400(o)(2).

It still sounds like VA double talk-but it does mean that if the medical evidence warrants

a higher rating prior to the actual date of filing the claim-then the EED rules above should kick in -"if the claim is received within one year from such date".

This is why it can be important to file TDIU claims ASAP.

A vet could get a SSA award for a NSC condition that becomes SC and basis for TDIU award but that favorable one year prior to claim date EED is lost if the veteran does not inform VA of the SSA award ( # 18 question on the TDIU form) or tell them in some other way prior to the end of the year prior to filing the claim.

HUH? I guess I am making this explanation more convoluted than the regs are.

I overheard a Vietnam vet tell my former rep (he had PTSD claim in progress) that he also had got SSA award for PTSD.The rep said- Gee that is interesting and did nothing else about this news.I didnt say anything because by then I was a sore spot for this whole outfit of reps-

but I hope the vet told VA of this award- it was far more important then being very interesting-

if the vet did fill out the 21- 8940 form prior to the SSA award he could have checked No to # 18 and then nothing would have triggered VA to get his SSA records.

If he succeeded with his VA claim, the actual EED could have been more favorable

then date he filed the VA claim-if the SSA award preceeded the claim filing date -by up to a year.

Could someone more technically savvy than me post a link to V.A. General Counsel Precedent Opinion 12-98 because it is pertinent to this discussion of earlier effective dates and V.A. law and regulations on earlier effective dates.

[carlie]

deltaj,

pr had posted this link in another thread where you also requested it.

http://www.warms.vba.va.gov/qfullhit.htw?C...HiliteType=Full

carlie

[harvey]

I DONT UNderstand.I received my SSD in 01for deppresion and panic attacks due to back surgerys. these beening NSC. was going to out side Dr,s.who mentioned me as vietnam vet. was not dignosed with with PTSD.I dont think they knew what it was.Filed for PTSD in sept.08 and awarded 50%.with my other previous claims that gave me a total of 90%.i then filed for IU on may 09. if i get or when i get this award i am pretty sure my starting date will be may09. does this sound right or should i claim the date to start on sept08 or my SSD award in 01?my C&P for PTS listed as AXIS1:PTSD.2.Major depressive disorder. AXISII; No dignosis AXISIII:Hypertension. 2Cornary artery disease(CAD)3diabetes mellitus. 4Chronic back pain and back surgery. AXISIVMultiple physcial health problems.AXISV;GAF equal to 55 to 60 for PTSD and 50 to 55 for major depressive disorder.

[Berta]

Harvey -they will give you the date the TDIU form was dated .

It seems you get the SSDI for conditions due to NSC back problem? If so the SSA award date will not help you here.

I see you have DMII and CAD due to AO.

What is the rating they gave for that?

Did they consider the HBP as due to atherosclerosis or deny HBP as SC?

what was date of that DMII rating?

And did you feel that decision as to the retro was correct?

[Pete53]

Harvey:

If VA service connected you for PTSD than the back surgery PTSD diagnosis is actually an aggravation of a service connected injury,

I hope that this makes sense to someone besides me.

[harvey]

Berta iwas rated 20% for DMII and was rated on 7-31=02.it was my frist claim and did not know what it was all about then.i did not get rated for HBP. remenber going to heart DR. who said my condition was not due toDMII. found out he was abusing my insurance card where i was working at the time so i quit going to him.it was my company dr. at the time who help me get it.Like Pete said i need to go look at my "C" files and get copies. PETE i dont know why he mention my back surgey,s. i didn"t have any problems that were SC.for my back.

[Pete53]

Good Luck Harvey

If your VARO is anywhere close mine is 90 miles away go to it and ask to see your C File. In Waco TX you can walk in and do it. They are never really busy anyway most Vets never go. I have found that the VA Councilors at VARO are very helpful to making your claim work also.

[broncovet]

According to the way I understand what the late Alex Humphries said, if you told your VA doctor that you are unemployed, that would constitute an informal claim for TDIU, and that would be the effective date..upon appeal. Dont count on the VA to acknowledge this informal claim date until you have appealed multiple times, but the appeals court (either the BVA or CAVC or Federal) will "notice" your informal claim as long as the Regional Office did not shred this evidence.

To be safe, I would point this out in your Notice of Disagreement and say something like this:

I disagree with the decision dated Feb, 1, 2009. While I agree with the TDIU rating, the effective date should be April 1, 1998 because medical records confirm an informal claim for TDIU was made on that date at VA Dr. _____________'s office when I informed him that I was depressed and could not find work.

Edited June 20, 2009 by broncovet (see edit history)

[harvey]

Thanks very much broncovert.I am amased how much i have learned from this webb.Thanks to all VETERANS,brothers and sisters who are here.

[carlie]

According to the way I understand what the late Alex Humphries said, if you told your VA doctor that you are unemployed, that would constitute an informal claim for TDIU, and that would be the effective date..upon appeal. Dont count on the VA to acknowledge this informal claim date until you have appealed multiple times, but the appeals court (either the BVA or CAVC or Federal) will "notice" your informal claim as long as the Regional Office did not shred this evidence.

To be safe, I would point this out in your Notice of Disagreement and say something like this:

I disagree with the decision dated Feb, 1, 2009. While I agree with the TDIU rating, the effective date should be April 1, 1998 because medical records confirm an informal claim for TDIU was made on that date at VA Dr. _____________'s office when I informed him that I was depressed and could not find work.

bronco,

Please post a link to Alex's information that you refer to in this thread.

Thanks,

carlie

[broncovet]

Carlie

Several people, including yourself, have attempted to post links to Alex Humphries posts, and, as far as I know, none of them work anymore. I suggest You try these..they did work, once about a few months ago, then stopped working for reasons that are unclear to me.

Maybe you can have better luck with this one:

http://www.hadit.com/forums/index.php?showtopic=26566

I dont know why they dont work anymore.

Edited June 20, 2009 by broncovet (see edit history)

[broncovet]

Incidently, Carlie, if you read the regulations on informal claims, and cases like Roberson, you can see where Alex got this. That is, when a Veteran goes to his VA doctor (assuming he has already applied for VA benefits), and tells his doc that he is unemployed, that constitutes an Informal claim for TDIU.

[deltaj]

Incidently, Carlie, if you read the regulations on informal claims, and cases like Roberson, you can see where Alex got this. That is, when a Veteran goes to his VA doctor (assuming he has already applied for VA benefits), and tells his doc that he is unemployed, that constitutes an Informal claim for TDIU.

Berta, Didn't you mention awhile back about a form 21-8940 and a veteran telling a doctor on that form that he is unemployed? If I got the form number wrong tell me and tell me what that form is.

[deltaj]

I DONT UNderstand.I received my SSD in 01for deppresion and panic attacks due to back surgerys. these beening NSC. was going to out side Dr,s.who mentioned me as vietnam vet. was not dignosed with with PTSD.I dont think they knew what it was.Filed for PTSD in sept.08 and awarded 50%.with my other previous claims that gave me a total of 90%.i then filed for IU on may 09. if i get or when i get this award i am pretty sure my starting date will be may09. does this sound right or should i claim the date to start on sept08 or my SSD award in 01?my C&P for PTS listed as AXIS1:PTSD.2.Major depressive disorder. AXISII; No dignosis AXISIII:Hypertension. 2Cornary artery disease(CAD)3diabetes mellitus. 4Chronic back pain and back surgery. AXISIVMultiple physcial health problems.AXISV;GAF equal to 55 to 60 for PTSD and 50 to 55 for major depressive disorder.

Harvey, I think V.A. should give you 100% from the date of receipt of your claim in September 2008. If you don't receive that effective date for the 100% rating then you should appeal. Incidentally, on the issue of the SSD you can't get 100% back to 2001 because of 38 CFR 3.400 (o) (2) OR unless you had a pending claim then or a CUE back to that date.