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!!!

[jbasser]

Get a copy of your records to see if you can decipher the date you were entitled to an increase, It could be as easy as a date a doc said you were unemployable or unable to work. That would be the date and it should be a simple fix. Of couse I use the word simple very cautiously when dealing with this complex monster known as the VA.

J

[deserteagle]

When or if I find that, how would I go about getting that changed? Do I have to file an appeal or NOD? Or is this something that is a little simpler than that?

[halos2]

Mine granted earlier this yr like Mar was date of claim...around few yrs back, however it was for the claim I appealed. Not a new claim I put in for.

In fact a few yrs back I put in for an increase and thats when they really F'ed with me/CLAIM for a few yrs. When they reviewed my claim they said the rater should not have proposed to sever my claim, and the VA cued itself for a low rating and increased it by 20% above the original rating.

Like john basser said you got lucky when you put in for your hearing loss(did you get hearing loss rated here too?) they review all records when they search your claim file...the rater assumed you were rated too low, so that's probably why you were granted this increase. So the date they did the review of your exam records 10-6-2009 would be the effective date for this. Looks like you did well here with this increased rating. :) I am curious why you did not try to appeal the original PTSD grant that was approved in 09/08? Like for an increase? Did you have a VSO?

[Berta]

If the medical evidence revealed you should have been 100% for PTSD in the original claim (April 2008)then that is the proper retro date for PTSD.

Do you get SSA solely for PTSD?

If so what is the date of the SSA award for onset of PTSD?

How can a vet have 50%,get a C & P and then get 100%?

It means the C & P doc gave the vet 50% more stress from PTSD ! :) (Sec 1151!!!)

But seriously- you could ask them to CUE their decision -but you need strong medical evidence to challenge the date they gave you.And they should have known of this evidence.

The VA does take letters seriously when the claimant tells them a decision they made in an award contains clear and unmistakable errors and the claim is still in appellate process (as yours is because you do have time to file NOD).

I made this request when I got an incorrect award letter this May.

I recently got their 'corrected' award letter and it is still wrong.My file is still open waiting my response.

I am sending them another request to correct their clear and unmistakable errors- which grew-because the new corrected award letter contains a doozy-and made matters worse.It is a prime facie exampkle that these raters cannot read or comprehend VA case law.

The more a claimant draws them out- the easier it is for them to make more mistakes.

If you take this route (it has worked for me in the past when letters did not comply with established case law and regs) it can generate a faster response but keep your calendar marked for the NOD timeframe.

You could also shape this-instead- as a Request for Reconsideration of the EED.

If they had valid medical evidence that you were 100% when you filed the claim-they should have awarded you 100%.

I hope you have a vet rep and that they will support you and advice the best way to go here.

In my letters claiming they committed CUE-I sent them copies of the exact regs they broke or ignored.

Since I had not one but 2 erroneous award letters and have to again send them what they already have-I made extra copies and sent it all to the General COunsel (my situation has something to do with them too)this time

as well as in a formal complaint over some crap a supervisor gave me last week-to Secretary Shinseki.

A few other entities are getting word of this too-

It took me 6 years to prove my husband died from AO, granted by the BVA, and I am being denied all of the benefits of the Nehmer Court Order and they continue to fail to rate him and ignore his eligibility to SMC.

Every time a vet accepts what could be the wrong EED- VA saves money.

I think they deliberately award the wrong EED sometimes hoping the vet will never challenge it.

[deserteagle]

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.

[john999]

The VA pulled that stunt on me with DMII claim. They made the effective date the date of my exam. So according to the VA I got DMII on the date of my c&p. Before that I was OK. I was already TDIU, so I did not make a production out of it, but they cheated, and if they did it to me it is probably SOP.