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

[jerrbilly]

I was confused by Bronco's statement too. I didn't respond because I thought maybe he worded it wrong so it came across wrong unintentionally.

There's nothing to lose by appealing EED.

I do see what Bronco was saying about veterans not appealing thinking the decision is final. I noticed on every one of my decisions the VA puts in there on the first page, "the decision below represents a grant of all benefits sought on appeal. The appeal is considered satisfied in full."

The way they word this contemplates that they don't want the Vet to appeal and I bet it works more times than not.

Jerr

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.

[carlie]

Always remember - a claimant can't even file a NOD on an ED

until the disability has been granted SC.

carlie

[broncovet]

Ok. Here is why I said this. Vets apply for benefits...wait for years, and then, sometimes get awarded the benefit they are seeking. They often constantly worry about a "reduction" in rating, and, someone pointed out then when ever raters eyes "look" at your C file, they also consider the possibility of a rating reduction. That is, kind of like the "dog in the bone" that sees the reflection of another bone in the water, and chases after it, loosing the bone he already has.

I am not willing to completely say there is NO POSSIBILITY that, if you apply for an EED, you COULD wind up with less benefits. That is, instead of getting more money for an EED, it is POSSIBLE that the VA looks at your file and says, "Gee, we rated this guy too high. Let's lower this rating right away, before it gets to a year and becomes final."

Altho I have never seen that happen, just because I havent seen it, does not mean it does not/ could not happen. I mean, I havent seen a murder either, but that does not mean they dont happen.

And, for many Veterans preserving the benefits they have is a higher priority than trying to get still more benefits.

That being said, I still think if the Veteran feels entitled to an EED he should file a NOD and try to get the EED BECAUSE, imho, applying for an EED will not Increase your chances of getting a rating reduction, but I think the VA wants us to beleive that it will, so we dont appeal. I hope I made it clearer this time.

[jbasser]

Constantly thinking the VA is going to reduce your claim is being paranoid.

If you have the medical evidence then the VA cannot reduce your claim.

Paranoia can really bother a Vet especially when dealing with the VA.

If a Vet disagreses with an effective date then he should NOD the decision as the VARO too often makes mistakes on dates by misinterpeting the regs toward their favor until the Vet learns the regs.

J

[jerrbilly]

Bronco, I think that's a little far fetched. If this was true Vets wouldn't appeal any award in fear they might lose what they already have.

jerr

instead of getting more money for an EED, it is POSSIBLE that the VA looks at your file and says, "Gee, we rated this guy too high. Let's lower this rating right away, before it gets to a year and becomes final."

[broncovet]

Basser is right. Vets are already often paranoid about the VA by the time they finally get their benefits. Chances are the VA has lost several parts of their file, at a minimum, delayed the claim for years, and, generally put the Vet through the ringer. I have even heard some Vets say they just aren't going to apply for an increase or EED just because it is not worth the hassel, and it is a BIG BIG hassel to get any type of VA benefits, as a Veteran must jump through all the VA hoops, and avoid the VA landmines before they get any benefits.

So the VA makes us paranoid..its all part of the plan. They want us to say, "Gee, I deserve more than 30%, but I could loose my 30% and then what would I do? So I will just skip the appeal." In this case, the VA counts the claim "correct" because it was not appealed.

"If in doubt, appeal"