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Earlier Effective Date For Ptsd, Thoughts?

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cowgirl

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  • HadIt.com Elder

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!

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

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  • HadIt.com Elder

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!

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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?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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"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-

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

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 by cowgirl

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

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  • In Memoriam

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

1151_Tolling.pdf

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

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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

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