ptsd Earlier Effective Date For Ptsd, Thoughts?

[cowgirl]

On my first claim years ago I requested for many things, and ptsd, the diagnosis was in my SMRs. I didn't word it well on the claim so it was 'ignored' I didn't work the claim like needed. Many years later, my counselor led me to believe I had ptsd, I specifically applied for sc but got turned down..

"A diagnosis of PTSD is stated inprovisional diagnosis of rule out ptsd on the basis of your subjective reports of traumatic experience upon ptsd screen."(denial) no VA exam, diagnosis or private diagnosis. Didn't appeal.

Now VA has clearly diagnosed me with PTSD, in for sc now. I am thinking earlier effective date, but need the correct approach, anyone?

Thank you~!

Cg'up2009!

[jbasser]

CG, I think you may have a whopper of a CUE. I would have to look a little more closely but with the diagnosis in th e SMR and VA claim denial, It appears the RO at the time the rating was denied in error. You didnt appeal it so it was final one year later.

Was this before the VCAA was enacted in 2000?

This was the same thing the VA did to me on my HTN claim.

Proving CUE is a hard thing to do but your case can be done.

I expect Berta to chime in on this one.

J

Edited September 2, 2009 by jbasser (see edit history)

[Ricky]

Glad to see you are planning ahead. However, as you already know you must wait to see the outcome of this current claim.

From your wording in your post I take it that no stressors were verified. As such one would have to ask were you asked for evidence that would provide verification of a stressor?

[cowgirl]

Jbasser, thank you for your response. Yes, it was before VCAA and before I had many clues about the process to get help for my condition.

Cg

CG, I think you may have a whopper of a CUE. I would have to look a little more closely but with the diagnosis in th e SMR and VA claim denial, It appears the RO at the time the rating was denied in error. You didnt appeal it so it was final one year later.

Was this before the VCAA was enacted in 2000?

This was the same thing the VA did to me on my HTN claim.

Proving CUE is a hard thing to do but your case can be done.

I expect Berta to chime in on this one.

J

[cowgirl]

Thanks Ricky for interpeting their wording from the decsision. I don't understand 'to provide verification of a stressor'. Everything I have is in my Cfile. I will be researching it. In the first claim I listed the incident(s) info & dates of care. Its clearly in my SMRs.

Yeah, there was a clear diagnosis for this claim, examiner agreed. I feel in my gut it'll be sc. But whats next, who knows?

Thank you~!

Cg'up2009!

Glad to see you are planning ahead. However, as you already know you must wait to see the outcome of this current claim.

From your wording in your post I take it that no stressors were verified. As such one would have to ask were you asked for evidence that would provide verification of a stressor?

[pacmanx1]

Hey CG, IMHO, I think you should wait to see if you are service connected first. Once VA awards you service connected then file for an earlier effective date. I know this would take more time but IMHO if you inform VA that your claim should have an effective date of xx/xx/xxxx they will work harder to deny your claim. Once you get service connected then file for EED and VA would have to review your records for the correct effective date.

[cowgirl]

You are right, I'm not setting a good example of patience. Smiles!

Just sounding thi gs out among Hadit freinds. It's because of Hadit, I've suceeded in eed once before

Thanks again Pete, you're terrific

Cowgirl

Hey CG, IMHO, I think you should wait to see if you are service connected first. Once VA awards you service connected then file for an earlier effective date. I know this would take more time but IMHO if you inform VA that your claim should have an effective date of xx/xx/xxxx they will work harder to deny your claim. Once you get service connected then file for EED and VA would have to review your records for the correct effective date.

[Philip Rogers]

cg, just my opinion but I'd go for the EED, back to the original claim, as that original claim should still be open. In the old days if a claim wasn't addressed it remains open. This is not a CUE but is a grave procedural error. I also see no reason to wait. Just make sure you have all the evidence in case the VA somehow misplaces it.

pr

On my first claim years ago I requested for many things, and ptsd, the diagnosis was in my SMRs. I didn't word it well on the claim so it was 'ignored' I didn't work the claim like needed. Many years later, my counselor led me to believe I had ptsd, I specifically applied for sc but got turned down..

"A diagnosis of PTSD is stated inprovisional diagnosis of rule out ptsd on the basis of your subjective reports of traumatic experience upon ptsd screen."(denial) no VA exam, diagnosis or private diagnosis. Didn't appeal.

Now VA has clearly diagnosed me with PTSD, in for sc now. I am thinking earlier effective date, but need the correct approach, anyone?

Thank you~!

Cg'up2009!

[Berta]

All I can add is to determine if that other claim is in fact still open or was it denied under the pre VCAA "not well grounded" BS.

The older Blue Rating sheet would show if the diagnostic code was wrong and that would be a legal error- then again-

do I understand this right?

You were diagnosed in service with PTSD and this appears in your SMRs?

do you have the old decision and Reasons and Bases?

Did that older claim formally address any anxiety issue or clearly state PTSD?

WOW- this sure could be a CUE but ????

Have you been able to verify your stressor for the present claim?

[Berta]

"A diagnosis of PTSD is stated inprovisional diagnosis of rule out ptsd on the basis of your subjective reports of traumatic experience upon ptsd screen."(denial) no VA exam, diagnosis or private diagnosis. Didn't appeal.

Was this the statement in your SMRs? Is there more to it?

I dont see this-after re-reading the post- as a diagnosis- inservice- of PTSD.

However with proof of stressor ,it could hold up better-

[cowgirl]

Okay, I've reread my oldest files and feel smart & stupid at the same time. I need to make a statement here - I ain't against men. Part of me will always be on the mend because of some men though. Hope that makes sense.

The stressors and information in my SMRs were listed on first claim. Results of that claim says negative for 'ongoing psychiatric disorder', its wordy, but does discuss a few PTSD stressors. Then it rips up the facts - saying full recovery, no current impairment, acute problems resolved without residual impairment. The c&p exam for this claim caused me nightmares. The c&p hireadoc used lots of words said, 'provisional diagnosis of dysthymia' and 'probably has PD with features'. The exam words and decision was so awful, negative and insutling, I felt no claim hope and beat myself up inside for years from that.

On a seperate appeal later, for lumbar and other things - VA sc me 10% for psychophysiological reaction 'emotional tension or anxiety productive of mild social and industrial impairment' psycho babble relating seperation physical "medical history' noted complaints of 'anxiety'

Several years later, checked for ptsd during routine pcp visit. Referred to mh clinic, thats good. Recieved counseling at VA for said stressors, depression. Ok, so I applied for ptsd and was again cheaply denied with "A diagnosis of PTSD is stated inprovisional diagnosis of rule out ptsd on the basis of your subjective reports of traumatic experience upon ptsd screen'.

Advised to go for MDD, the stressors were resubmitted in more detail even - I was SC for MDD but only to date of claim.

The way I see it, mh, MDD or ptsd - I requested mh SC right after service and needed help then. Smart I have records - stupid missing years SC.

Cowgirl, got the blues B) today.

Edited September 2, 2009 by cowgirl (see edit history)

[Stretch]

I got this several years back. I think Berta post it or referred to it originally.

1151_Tolling.pdf

[Ricky]

The c&p hireadoc used lots of words said, 'provisional diagnosis of dysthymia' and 'probably has PD with features'. The exam words and decision was so awful, negative and insutling, I felt no claim hope and beat myself up inside for years from that.

CG what year was this? the reason that I ask is that in the old language PD with features referred to panic disorder with features which would fit with your background (i only know your general background).

It would appear that you may be able to go back to the date of this claim as you were given a provisional diagnosis of dysthymia and probable PD with features - both of which should have given you a rating for mental health problems. Even at a 10 percent level (if they went with the dysthymia) it would have been a start for the climb up the latter. If you do not want to talk about this that is ok. I just wanted to give you something to think about since you were speaking of an EED.

Ricky

[cowgirl]

Clown man - sorry, PD was my insert for, yup you know, 'Personality disorder'- that's what it said "probably personality disorder with features" - sure sounds like a big picture show with 'features" written that way. Could be I'm my own star? Hmpf.

Gotta research , could be PTSD with MST wasn't a consideration those years.

Thank you everyone for feedback,

Keepin my bootscootin boots on for now.....

Cg'up2009!

[Berta]

"that's what it said "probably personality disorder with features" - sure sounds like a big picture show with 'features" written that way. Could be I'm my own star? Hmpf."

I love your humor on this-but "probably" isn't a med term that VA could use against you

"Now VA has clearly diagnosed me with PTSD, in for sc now. I am thinking earlier effective date, but need the correct approach, anyone?"

If still within the NOD time frame- NOD the EED -you make good points here-

If this was an older unappealed denied PTSD claim-than CUE might get you the proper retro.

"Gotta research , could be PTSD with MST wasn't a consideration those years."

YEAH another great point Cowgirl.

Even if this wasn't well worded in the initial claim- the fact that VA didnt seem to recognise PTSD from MST for a long time might be a good point to use.

[cowgirl]

Thanks Berta, we'll see how it unfolds, least I'll share what works (or doesn't). Rechecked to see if 'probably' was the word used - sure enuf! B)

Have a good one,

Cg'up2009!

"that's what it said "probably personality disorder with features" - sure sounds like a big picture show with 'features" written that way. Could be I'm my own star? Hmpf."

I love your humor on this-but "probably" isn't a med term that VA could use against you

"Now VA has clearly diagnosed me with PTSD, in for sc now. I am thinking earlier effective date, but need the correct approach, anyone?"

If still within the NOD time frame- NOD the EED -you make good points here-

If this was an older unappealed denied PTSD claim-than CUE might get you the proper retro.

"Gotta research , could be PTSD with MST wasn't a consideration those years."

YEAH another great point Cowgirl.

Even if this wasn't well worded in the initial claim- the fact that VA didnt seem to recognise PTSD from MST for a long time might be a good point to use.