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.

[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

[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