ptsd Nod On Eed

[BoonDoc]

Hi all,

I am wondering about NOD's on EED.

I am 100% T&P ( recently got the decision ) going back to 2006, the date of most recent claim; 50% PTSD.

I had filed a claim for IU/TDIU with the same symptoms that the VA used in determining that I had PTSD back in 1996, but wasn't diagnosed with PTSD at the time, just exhibited all of the symptoms. I was denied any SC for any psych. problems for that claim in 1996.

Would it be possible / realistic to get my EED and award back to 1996?

My stressor was back in 1984, and I showed treatment of PTSD symptoms since the event.

My wife thinks I should let it go, but I think if I have a reasonable chance of getting the EED changed to the first date that I first filed a claim for the symptoms of PTSD, I should do it; I think she's afraid the VA might take away my benefits, and start back at where I was.

Any input and info on people who have filed a NOD on their effect date of SC compensation would be greatly appreciated.

Thanks,

BoonDoc

[Philip Rogers]

I/we would need to see the 1996 claim and the decision denying it, in order to offer you an "informed" opinion. Without this info it would just be a guess. I/we also may need to see the 2006 claim and award.

pr

Hi all,

I am wondering about NOD's on EED.

I am 100% T&P ( recently got the decision ) going back to 2006, the date of most recent claim; 50% PTSD.

I had filed a claim for IU/TDIU with the same symptoms that the VA used in determining that I had PTSD back in 1996, but wasn't diagnosed with PTSD at the time, just exhibited all of the symptoms. I was denied any SC for any psych. problems for that claim in 1996.

Would it be possible / realistic to get my EED and award back to 1996?

My stressor was back in 1984, and I showed treatment of PTSD symptoms since the event.

My wife thinks I should let it go, but I think if I have a reasonable chance of getting the EED changed to the first date that I first filed a claim for the symptoms of PTSD, I should do it; I think she's afraid the VA might take away my benefits, and start back at where I was.

Any input and info on people who have filed a NOD on their effect date of SC compensation would be greatly appreciated.

Thanks,

BoonDoc

[stillhere]

Hi all,

I am wondering about NOD's on EED.

I am 100% T&P ( recently got the decision ) going back to 2006, the date of most recent claim; 50% PTSD.

I had filed a claim for IU/TDIU with the same symptoms that the VA used in determining that I had PTSD back in 1996, but wasn't diagnosed with PTSD at the time, just exhibited all of the symptoms. I was denied any SC for any psych. problems for that claim in 1996.

Would it be possible / realistic to get my EED and award back to 1996?

My stressor was back in 1984, and I showed treatment of PTSD symptoms since the event.

My wife thinks I should let it go, but I think if I have a reasonable chance of getting the EED changed to the first date that I first filed a claim for the symptoms of PTSD, I should do it; I think she's afraid the VA might take away my benefits, and start back at where I was.

Any input and info on people who have filed a NOD on their effect date of SC compensation would be greatly appreciated.

Thanks,

BoonDoc

Boon, On my last NOD I was denied for what I was claim to reopen (hearing loss) but I was granted an EED but don't remmember what it was for?? Have to look later.

In regard for you filing and being P/T IU. Your wife is right the VA will put you back through it all. They more than likely will check all your claims.

I put in for a claim to reopen my claim for hearing loss and they checked me for everything I had SC.

Keep that in mind.

[carlie]

Ditto on pr's post.

carlie

[broncovet]

This is an excellent question!

IMHO if your are still seeing the doc and you have a good nexis, especially if you are over 55, you dont have that much to worry about a reduction. I am not sure that a NOD for an eed will increase your chances of a reduction, in fact, it may actually decrease your chances and here is why I think so.

Remember the VA is on a paper file, and there is only one copy of your C file, so it cant be in multiple places at the VA at once. I am not sure which department goes over files looking for reductions, however, if your C file is in an appeal process somewhere, (DRO/BVA CAVC etc.) then it wont be in the hands of the "reduction department".

It is true, that when another set of eyes goes over your file, it is always possible they discovered an error, and they could then try to correct it. But I think if you have been following your case closely, you would probably know if that happened.

I think lots of Vets "give up" their claim in fear of loosing something they already have, and I think the VA would like to keep it that way.

If you think you have a solid claim for an EED, then by all means go for it. This is America, and we Vets have fought for the rights to prevent the "gestapo" from invading our home arresting us, and then say we are guilty until we can prove our innocence.

In a similar way, the VA is going to have to convince a judge, if you appeal any type of possible reduction, that they were justified in reducing your benefits and followed all the required rules. Judges have repeatedly ruled in favor of Veterans when the VA fails to follow its own rules, and the rules for a reduction in rating are very specific, and the VA must follow all of them. You are always given a chance to appeal any proposed reduction in rating.

[john999]

Boondoc

When you were denied in 1996 did the decision become final? If so you would have to file a CUE. That you might need help with since it revolves around legal issues. If the claim was in the appeals process since 1996 then maybe you could get EED. I would go for it. I think the worst thing the VA will do is deny the EED. You need to make up your own mind about this. You have to deal with the consequences if there are any so you be the judge.

[BoonDoc]

The 1996 claim decision is final, so I will just drop it.

The symptoms that I had were the same as what I have today...just wasn't diagnosed PTSD. I had a diagnosis of severe anxiety/depression, social phobia, etc. and finally a VA Psych's started talking about my time as a Corpsman, and I had flash backs in His office...something I've hid from everyone for years, so He knew what was going on, and gave me the diagnosis and began treatment, which is pretty much the same as before knowing the diagnosis.

I appreciate the info. from you all!

Boondoc

When you were denied in 1996 did the decision become final? If so you would have to file a CUE. That you might need help with since it revolves around legal issues. If the claim was in the appeals process since 1996 then maybe you could get EED. I would go for it. I think the worst thing the VA will do is deny the EED. You need to make up your own mind about this. You have to deal with the consequences if there are any so you be the judge.