Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Ptsd Eed?

Rate this question


rikkor

Question

I originally filed a ptsd claim in april 2006 which was denied. I was granted ptsd and total and permanant disability effective june 2009, althou, i believe i had ptsd from the onset of my injury back in 1976 i donot believe it is likely i could recieve this as an earlier effective date. but i would like to file for the early effective date when i initally filed for ptsd and was denied in april of 2006. My question is as follows if i file a nod will it affect my current rating of 100% , also how much time do i have to file the nod, and finally is it in my best interest to file a nod for the earlier date even thou i was denied PTSD in 2006? Thank you members for you input and advice, the reason i am asking is that they gave me an earlier effective date of april 2006 for the condition radiculopathy of left lower extremity associated with lumber spine degenerative disc and joint desease that i did not have earlier?

Link to comment
Share on other sites

  • Answers 13
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

If your claim was on appeal from the 2006 denial to the 2009 grant they should have given you the 2006 date for your PTSD. Did you give them new evidence between 2006 and 2009? Often they will site the new evidence as the reason for the award and they use the date they got the new evidence, but I think this is wrong. If you did not file for some kind of mental health condition regarding your back injury in 1976 I doubt you can get that effective date. You have to make a claim.

Link to comment
Share on other sites

You mean they denied PTSD and then years later they awarded you 100% for it?

It seems to me that you were either 100% when you filed the claim or had PTSD that should have been given at least staged ratings from the time you filed it to when they said you were 100%.

Did they base that date on an SSA award for PTSD that you received?

John is right- was the otiginal claim continuously prosecuted up to the award? Or was it re-opened in 2009?

Did they give any reason at all for the EED they picked?

Link to comment
Share on other sites

Also remember they will look at everything in your folder when you appeal. If you feel save with that and your % is justified then yes you could ask for an EED. Whether you get it or not will be based on when the feel your PTSD became compensated.

I would go back to the denial and post what that says and get some advice.

Link to comment
Share on other sites

To clarify..previos post..I sufferered a traumatic service connected injury in 1976 prior to ptsd being a compensatable condition. when i found out about PTSD was 2006. i filed a claim and was denied that year. I did not file a nod, the new rating of PTSD and IU was a new claim started in june 2009. i donot recieve Social security i did not have enough work credits when i filed in late 70's so i was also denied. i have not worked in almost 25 yrs due to the combination of all my service connection disabilities, but until this current rating my rating had been 60% for over 25 years mostly for the traumactic laceration of achilles terndon and nerves of my right ankle., hence it has affected my back, both legs , and of course the various, MH conditions diaignosed depending on which VA facility I sought medical care at.. I believe ive had PTSD from the onset, but was misdiaignosed, but my reasoning for asking for the 2006 EED is that This current award rating has a new EDD for a condition i had not filed for as posted in previous. As far as more exams ..was granted the total and permanant disability with no future exams warrented.

Link to comment
Share on other sites

To clarify..previos post..I sufferered a traumatic service connected injury in 1976 prior to ptsd being a compensatable condition. when i found out about PTSD was 2006. i filed a claim and was denied that year. I did not file a nod, the new rating of PTSD and IU was a new claim started in june 2009. i donot recieve Social security i did not have enough work credits when i filed in late 70's so i was also denied. i have not worked in almost 25 yrs due to the combination of all my service connection disabilities, but until this current rating my rating had been 60% for over 25 years mostly for the traumactic laceration of achilles terndon and nerves of my right ankle., hence it has affected my back, both legs , and of course the various, MH conditions diaignosed depending on which VA facility I sought medical care at.. I believe ive had PTSD from the onset, but was misdiaignosed, but my reasoning for asking for the 2006 EED is that This current award rating has a new EDD for a condition i had not filed for as posted in previous. As far as more exams ..was granted the total and permanant disability with no future exams warrented.

the 2006 Denial states ptsd is not service connected??

Link to comment
Share on other sites

The time has past (1 year) for a NOD of the 2006 denial. You are going to have to file to have the claim reopened and have evidence that is new and material. You might be able to file for an earlier effective date using the June 2009 100% award as the evidence.

I think you are going to need either a IMO that says you more than likely had PTSD in 2006 to win. Or the same nexus from a VA doc.

You are going to have to proof that the VA erred in not granting PTSD in 06.

In 2009 when they granted PTSD at 100% what did the decision say caused it? By the way if the 2009 PTSD was granted in June you are running out of time there too.

Edited by stillhere
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use