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

[broncovet]

But Wait!

I wouldn't give up on that EED so fast! We have had several people who were going to give up, then gave it another shot and won.

12 years of 100% is probably over $200k, so spend some time doing research..look at, or even post the original decision. Lots of time it is just finding a loophole to their loophole.

The VFW sent me a letter dropping me, but I persisted and won. Lots of times VSO's tell Vets to give up. I never do that. Ask the Captain! He says never give up. JMHO

[john999]

Don't drop it just because it was a final decision. It could contain a CUE. It has to be final to do the CUE. You might run it by a vet lawyer and have him look at it to see if it does contain a legal error. It would be worth whatever you spend to have the decision reviewed by someone who knows what to look for. I took what I thought might be a CUE in my original decision to a lawyer and now we are proceeding to try and get about 30 years of retro. I thought it was a CUE ,but the lawyer was sure. Don't give up on big retro.

[BoonDoc]

The 1996 decision was based on diagnoses of the symptoms of PTSD...I wasn't diagnosed until AUG 2006, that was the EED of my recent win; the VA denied the 1996 claim for mental conditions due to nothing in my SMR of being treated for any anxiety, depression, etc...I was treated 8 months after discharge for all of my symptoms of PTSD...just not the diagnosis of PTSD.

I will try to black out a copy of both decisions 1996

& 2009 rating when I have time here in the near future.

If the stressor going back to 1984 and symptoms mentionmed in the new award stating the treatment back in 1989 (8 months after discharge) and treatment ever since to award me 100% a few months ago, I thought it could be used to prove the EED should go back to the 1996 claim that I filed with all of the current symptoms...

Appreciate the input...that would give me something to work on for the next few years...just have that fear of loosing what I've got.

A NOD should cause a new set of C&P's should it? I'm actually doing worse now than at the time of the MHC C&P used for the recent rating.

Thanks,

Boon

[broncovet]

EVERYONE who files for an EED risks loosing what he has, because he already has been awarded benefits or he wouldnt be seeking an EED. The VA COUNTS on most Veterans being scared, and not to seek an EED and that is why they often award benefits at the wrong date because they think many wont appeal it. They do the same thing with "lowballs" since many Veterans are homeless or nearly homeless waiting on their benefits, they are so happy to get ANYTHING, and they are too scared to appeal.

Do a search on BVA or CAVC cases using EED. See what happened to them. Get a lawyer to look at it, like what was already mentioned. (You may have to go through several lawyers) They will want to see your paperwork, if they just used your analysis and summary of your paperwork, then you probably would not need a lawyer!

Do not believe the Secretary when he says he wants to end homelessness in Veterans. The Secretary has taken few, if any real steps that help with that issue, in fact, it is getting worse because of the economy and an ever increasing claims backlog. The Secretary is even contributing to homelessness, for example, by making Student Veterans wait for months on their benefits, many had to drop out of college..they just could not wait that long for the VA to send their money.

Do your homework..search cases of EED, then search Reduction cases. See how many were seeking an EED and lost their benefits. I think those that did have a reduction, would have had them whether or not they sought an EED. As Carlie has said,

"Evidence wins claims", I will add that that the " VA has to have evidence to reduce". While I agree that the VA can and does retaliate on some Veterans and pull their benefits, IMHO simply filing for an EED is not the kind of thing that makes the VA mad enough to retaliate. They only retaliate on Veterans THEY consider particulary bothersome, and it has little to do with whether or not they file for an EED. They simply dont have enough time to retaliate on every Veteran who files an EED, besides, if they even tried that, Vets would figure it out and cry "foul" to their congressmen. Their would be an investigation, and VA would cover it up, but they have covered up so many things, and have so much dirt under the rug, they are petrified to have to sweep one more thing under that rug.

THIS IS America...and we have fought to make sure that our government can't illegally take things from us, and I am not going to live in fear that they will do it anyway. We have fought and earned our right to freedom of speech, and I think that includes, "I disagree with your decision and I want an EED"

Edited January 12, 2010 by broncovet

[BoonDoc]

thanks for the information, and encouragement...

I will take all into consideration.

Boondoc

[Pete53]

Bronco

Anyone who was just awarded a claim and appeals the EED has no risk of reduction or loss. The reason is the award was just made

Please give some thought before you throw out a negative thought because of your experience.