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!!!

[cowgirl]

I just tell 'em I read alot. True :o

Just a warning. Many of the VSO's get upset when you tell them that you have been doing research on the internet.

[deltaj]

Clown...I did not ask for an increase in my rating. I just opened a new claim in 8/2009 for hearing and the VARO "reopened" the PTSD claim. The only reason I found out about it is that I got a letter in the mail with a mental health C&P exam. I called the RO and found out they attached the PTSD claim to the claim for hearing. I am still not sure what the PTSD part of the claim was considered, a review or increase request. I will have to pull out the decision letter and get you some exact wording.

Delta...I was discharged Nov2004 from the service. The Army neglected to tell me about the one year rule when I was out processing. I don't know if it is relevant or not if I am in the IRR still. I stopped working in April 2008 when I was hospitalized for PTSD (long story...probably heard it before though). I filed my claim that very month and got a decision Sept 2008 of 50%. I then filed a claim with SSA and started receiving that Dec 2008.

I know these are a whole lot of dates but I even I am confused as to how this works. I will into the regulations that you all have posted and I am going to meet with my VSO either this afternoon or first thing Monday. Thanks again for all the help!!!

After an original claim is decided under 38 CFR 3.157 ( b ) a favorable V.A. exam or hospitalization automatically reopens your claim for increase and so if you file a claim for increase within a year of that V.A. exam or hospitalization then you should get the earlier exam date as an effective date. There is a full discussion of how 38 CFR 3.157 (B) (1) is applied in the Federal Circuit decision in Patrick MacPhee v. R. James Nicholson. Remember the introduction to 38 CFR 3.400 states date of receipt of claim or date entitlement arose but it later mentions in 38 CFR 3.400 ( o ) (2) refers to earliest date as of which it is factually ascertainable that an increase in disability occurred if claim is received within one year from such date, otherwise date of receipt of claim.

Edited November 22, 2009 by deltaj

[deltaj]

Clown...I did not ask for an increase in my rating. I just opened a new claim in 8/2009 for hearing and the VARO "reopened" the PTSD claim. The only reason I found out about it is that I got a letter in the mail with a mental health C&P exam. I called the RO and found out they attached the PTSD claim to the claim for hearing. I am still not sure what the PTSD part of the claim was considered, a review or increase request. I will have to pull out the decision letter and get you some exact wording.

Delta...I was discharged Nov2004 from the service. The Army neglected to tell me about the one year rule when I was out processing. I don't know if it is relevant or not if I am in the IRR still. I stopped working in April 2008 when I was hospitalized for PTSD (long story...probably heard it before though). I filed my claim that very month and got a decision Sept 2008 of 50%. I then filed a claim with SSA and started receiving that Dec 2008.

I know these are a whole lot of dates but I even I am confused as to how this works. I will into the regulations that you all have posted and I am going to meet with my VSO either this afternoon or first thing Monday. Thanks again for all the help!!!

The Federal Circuit decision in Patrick MacPhee v. R. James Nicholson has a rather interesting discusssion on how 38 CFR 3.157 (B) (1) is applied to decisions. Also don't forget that under 38 USC 5108 new and material evidence must be used by the Secretary to reopen previously denied claims. Do you know if the Secretary received any new and material evidence under 38 USC 1154 (:) such as a statement from you or receive service department records under 38 CFR 3.156 about your status as a combat veteran?

[deltaj]

Clown...I did not ask for an increase in my rating. I just opened a new claim in 8/2009 for hearing and the VARO "reopened" the PTSD claim. The only reason I found out about it is that I got a letter in the mail with a mental health C&P exam. I called the RO and found out they attached the PTSD claim to the claim for hearing. I am still not sure what the PTSD part of the claim was considered, a review or increase request. I will have to pull out the decision letter and get you some exact wording.

Delta...I was discharged Nov2004 from the service. The Army neglected to tell me about the one year rule when I was out processing. I don't know if it is relevant or not if I am in the IRR still. I stopped working in April 2008 when I was hospitalized for PTSD (long story...probably heard it before though). I filed my claim that very month and got a decision Sept 2008 of 50%. I then filed a claim with SSA and started receiving that Dec 2008.

I know these are a whole lot of dates but I even I am confused as to how this works. I will into the regulations that you all have posted and I am going to meet with my VSO either this afternoon or first thing Monday. Thanks again for all the help!!!

I also suggest you read 38 USC 1154 (B) and 38 USC 5108. I am wondering whether the Secretary received new and material evidence (38 CFR 3.156) in support of your earlier denied claim.