ptsd This Is Where I Am At Now.

[tagandbag]

I'm still waiting to get a decision on IU from varo and award letter for 70%. I believe the eed for 70%, should go back to May 07. Also I think that if I do get IU it should go back to May 07, based on inference of my NOD in October 08. If not it should be to the last day that I worked, which was March 08. If you look at my you will see what I am talking about.

Sequential time frame:

1.) May 07,

Filed claim for ptsd and depression.

2.) March 08,

Awarded 30%, for ptsd and depression. Retro back to May 07.

3.) May 08,

Filed nod disagreeing with rating decision.

4.) June 08,

Filed for SSD

5.) July 08,

Hired attorney to handle VA claim.

6.) August 08,

Awarded SSD

7.) October 08,

Attorney sent another nod disagreeing with all decisions, from the March 08 decision and inferred IU back to May 07. Also a foia request for my c-file. Also sent SSD award letter and SSD medical records (new evidence).

NOTICE OF DISAGREEMENT

Issues: All issues decided by the RO in the Rating Decision of April 18, 2008, including service connection,

disability rating and date of entitlement. This claim also includes all inferred and implied claims including a

claim for individual unemployability.

Pursuant to 38 C.F.R. § 19.26 and Title 38, United States Code § 7105 (d)(1), the veteran herewith

expresses disagreement with the Rating Decision dated April 18, 2008. The veteran requests that you reexamine

the claim to determine if additional review, further development, or a more favorable decision is warranted.

If, after reexamination, a more favorable decision is not issued, it is requested that a Statement of the Case be

issued so the veteran can perfect an appeal.

The purpose of this document is to express the veterans disagreement with the above referenced decision

and to express his desire to appeal that decision.

The veteran is requesting a de novo review by the Decision Review Officer (DRO) and a personal

hearing by the DRO. In addition, the veteran is requesting an informal conference between the DRO and his

attorney so that the veteran can determine what evidence is missing from the record which will allow a full

grant of benefits

8.) March 09,

Recieved c-file

9.) June 09,

Recieved SOC for 50% rating, along with retro and the award letter a few days later. Retro back to May 07

10.) June 09,

Attorney filed appeal and re sent nod from October 08 and SSD evidence. Dro, said they were not in my c-file. Also sent in IU application per DRO's request.

11.) July 09,

Recieved SSOC, for 70%, no award letter or retro. Stated that this EED is September 08, the date my SSD went into effect. I think this is wrong and should be May 07

12.) July 09,

DRO, misplaces NOD from October 08 again. My attorney and DRO are more or less sparring by this time. DRO is angry at attorney for telling him he isn't following the rule of law.

13.) August 09,

Made iris inquiry and they say my claim is in finance waiting to be finalized. My attorney say's the DRO isn't returning calls at this time. Attorney has a couple other claims with this same DRO and DRO supposedly botched them up and has been admonished.

So hear I sit twiddling my thumbs rapidly. Waiting,waiting and waiting....

t&b

[carlie]

I'm still waiting to get a decision on IU from varo and award letter for 70%. I believe the eed for 70%, should go back to May 07. Also I think that if I do get IU it should go back to May 07, based on inference of my NOD in October 08. If not it should be to the last day that I worked, which was March 08. If you look at my you will see what I am talking about.

t&b

t&b,

If your IU is granted with an ED of May 07

then the issue of EED for 70 % going back to May 07 would be moot, wouldn't it ?

carlie

[tagandbag]

That would be true Carlie, that's if I get IU. I'm not sure how the VA will determine eed for iu, but I think the increase to 70% should eed May 07. I think this makes sense.

t&b