ptsd Denied For Ptsd In 1984

[winkjo]

Whoops...VARO May Have Done Me a Great Favor!

While continuing to deny my PTSD 100% or TDIU, the RO reminded me several months past that they denied my claim for PTSD in 2006 and in 1984 !!! Well, I literally had let it slip away that VA had actually DENIED "this newer condition called PTSD" way back in '84. I was too boot to the system back then to appeal the claim. Their mishandling of we Nam vets (and other veterans) back then SUCKED big time! It was brutal trajedy the way they screwd over all of us---still is today!

Frustrated by the B. S. I filed bankruptsy and went back to work (walking off jobs or getting fired) up until 2003. Quit my own small business and filed for DIB, claiming PTSD, DM-II + PN, etc. Fought another tough one vs Soc Sec but won netting DIB and a statement from SS ALJ awarding disability due to "severe PTSD" (and physical med issues) as reason for my inability to work gainfully.

A recent PTSD C&P exam netted all that any of us would pray for including inability to sustain gainful employment, prospects of improvement "poor"...nexus between combat exposure and PTSD, etc. Here, my friends of this forum, is where I need your feedback, comments and suggestions: Though I was too uniformed in 1984 to file an appeal vs denial for PTSD , what say you regarding my chances (currently close to RO decision on PTSD case) of an EED retro 1984??? Maybe not pie-in-the-sky??? Would like to hear from ALL !

Thank you & Semper Fi

[carlie]

Here, my friends of this forum, is where I need your feedback, comments and suggestions: Though I was too uniformed in 1984 to file an appeal vs denial for PTSD , what say you regarding my chances (currently close to RO decision on PTSD case) of an EED retro 1984??? Maybe not pie-in-the-sky??? Would like to hear from ALL !

Thank you & Semper Fi

winkjo,

As I'm sure you already know there isn't a way to argue for an effective date prior to

the disability being granted, as service connected.

The only ways I can see getting an effective date of 1984 is by:

1) locating SMR/STR's that were not of record at the time the 1984 decision was made, OR,

2) filing and winning a claim of CUE on the 1984 Rating Decision.

Remember the only evidence that can be considered on a CUE was the evidence

that was available at the time the CUE was made.

Evidence generated after the 1984 rating decision will not be considered in the CUE claim.

Hope this helps a vet.

jmho,

carlie

[vaf]

Just a thought, but if you found yourself an attorney to handle this for you, there's enough retro that 20% of it would make it worth his or her while to help you.

This sounds like a major project, and considering we're talking about PTSD, it may be wise for you to try to get some professional legal help with this.

[hawkfire27]

Hey Winkjo,

My husband had the same thing happen, he applied in 1980 for PTSD and was one of the first NAM vets diagnosed with it., but was denied. He reapplied in 1988 when he had a heart attack at 39 (IHD) and was denied again. He reapplied in 1996 and was granted 100% no retro. He appealed the effective Date and got it taken back to 1992, he then appealed again and got it taken back to 1988, the last time he was gainfully employed (no one workplace could ensure him after a x5 bypass). The last date of employment is as far back as they would go because he was able to work up until then and therefore was not 100% PTSD, or so says VA rationale. After 15 years and lots of appeals he just settled for 1988 as the EED.

Good luck though, I hope you get you EED and retro!

Edited April 22, 2010 by hawkfire27

[Berta]

The C file- they should not charge you for what is in there since your last free copy-

but they might charge you and re copy the whole thing again.

Reminds me that I sent them a check for an additional C fle copy to get the new stuff and have another copy of the old stuff. I then realized this would hold up my claim and withdrew my request.

Iris said they would send the check back-I never got it back-

Even of they charge you -it might well be a good investment in seeing what else they have in their.

Do you have copies of all of your VA med recs too? They are kept separately from the C file.

[Pete53]

A Veteran can always view their C File at the VARO and ask for copies of crucial documents.

[winkjo]

Just a thought, but if you found yourself an attorney to handle this for you, there's enough retro that 20% of it would make it worth his or her while to help you.

This sounds like a major project, and considering we're talking about PTSD, it may be wise for you to try to get some professional legal help with this.

I agree on the attorney suggestion and just last week got name and phone of legal beagle from a buddy. Currently have a sure thing on an EED retro 05 if they do PTSD and 4 years if they do TDIU in the next (DAV SO projected) few weeks. My SO called 2 days ago to let me know that DRO is currently near decision, but thinks they are leaning toward TDIU over PTSD. So, I'm at a stand still awaiting the imminent decision, my friend. Thanks for your input.

Winkjo