ptsd Effective Date

[deserteagle]

I recently had my claim for PTSD "reviewed" as part of a new claim that I had opened for hearing loss. The date of claim for the hearing loss and the review was 8/14/2009. I was initially rated 50% for PTSD in my claim dated 4/2008 which was approved 9/2008. With this review, I received 100% PTSD with an effective date of 10/6/2009 (the date of my review C&P exam). I was wondering if the effective date should be at least 8/14/2009 (the date of claim) or even backdated to the original date of date in 2008. Thanks for the help!!!

[john999]

If it were me I would file an NOD and ask for a DRO Hearing. This way to protect your right to go on to the BVA. You also protect the earliest effective date. I don't really think that a reconsideration will always faster and better than a regular NOD and DRO Appeal. As soon as you get your decision the one year clock starts to tick. If you ask for reconsideration you need new evidence and the clock does not stop. I just don't think their is any magic way to win claims faster. When you get reconsideration the same people that screwed you the first time are the ones who will reconsider your claim. You must have new evidence, or you will get the same decision. You got your 100% rating. Now you can go for the EED. Ask for housebound as well while you are at it. I think you should get the EED to the date after discharge. How the hell did the military discharge a guy with obvious severe PTSD with no rating, or did they medically discharge you? I don't see how you can go from being OK one day and 100% disabled one day later. I am blaming the military for this not you. If you got anything but a medical discharge I would appeal that discharge and ask for a pension. You can get Tricare out of it even if the VA money offsets the pension money.

[Ricky]

First please define "review". Do you mean you asked for an increased rating for PTSD? or was this just something VA did as part of their normal review process?

If you asked for an increased rating based upon medical evidence in your possession showing the increase in the disability then the effective date should be the date of the claim (the date of your request for an increased rating).

If it was part of the normal review process that we all go through and you had no new evidence then the effective date will be the date of the C&P exam.

[iraqx2]

Same thing happened to me. The VA will look at " when the new evidence " was dated in regards to any increase in rating. That is the official written policy the VA will throw in. This might be possible if you had originally filed a notice of disagreement off the original rating decision.

Unfortunately, that's exactly what happened to me. I was finally awarded my increase and had originally filed an NOD a year before but the VA looked at my new evidence dated in between. So i got screwed over for over 10k of retro. In hind site, my IMO should have been worded as all " past tense " and focused on disputing the original decision. I might have had a chance. Good luck.

[deltaj]

(o) Increases (38 U.S.C. 5110(a) and 5110(;)(2), Pub. L. 94-71, 89 Stat. 395; §§3.109, 3.156, 3.157):

(1) General. Except as provided in paragraph (o)(2) of this section and §3.401(<_<, date of receipt of claim or date entitlement arose, whichever is later. A retroactive increase or additional benefit will not be awarded after basic entitlement has been terminated, such as by severance of service connection.

(2) Disability compensation. Earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim is received within 1 year from such date otherwise, date of receipt of claim.

The effective date the evidence showed you were entitled to an increase should be your Effective date.

J

J, Always review your post. Notice how your post includes those little smiley faces? This happens to my posts frequently so I usually review my posts. You were obviously referring to a subsection number so what you need to do to correct this malfunction is include that subsection in parantheses with a space on each side of the letter inside the parantheses. Please do not take this as a criticism because this is an error made by the computer.

[deltaj]

Yes, I do get SSDI for PTSD effective December 2008. I sent this letter to them but have gotten no response as of yet. I am also waiting on my mental health records from the VA to review those. I also have a meeting with my VSO this week. Maybe hecan tell me the best option. But I do not feel that the date of the exam should be the effective date. Even my shrink has said that he thinks that I am unemployable numerous times throughout he past year. So I don't even know where to begin. I will keep you posted and thanks or the help.

Edited November 13, 2009 by deltaj

[deltaj]

12R3G, thanks for the advice. How does one ask for P&T? Is this something that will come with time or something that I need to apply for? All this stuff is new to me as I never thought I would get 100% and never looked into the benefits of being 100% or P&T. What other benefits come along with being 100% SC?

Have your representative with a service organization help you get P&T. This is usually granted when there is 5 years when there has been no improvement in the service connected condition. You asked what benefits are available to 100% veterans. I suggest you discuss this question with your representative. If you become P&T there is CHAMPVA medical insurance and chapter 35 dependents educational assistance for dependents of veterans. You and your family can also get an uniformed services i.d. card to allow you and your dependents to shop at military base commissaries. You can also get a card from the national parks which will allow free admission to a national park and discount camping. For 100% veterans there are also state benefits like disabled veterans property tax exemptions, disabled veteran license plates, reduced rate or free hunting and fishing licenses, discounts on camping and boat launch at state parks, etc. Have V.A. send you a letter showing that you have eligibility for these benefits then begin to apply for these benefits from the agencies involved.