ptsd Ptsd Eed?

[rikkor]

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?

[rikkor]

my stressor was the TRAUMATIC laceration of the achilles tendon and nerves in r/ leg in 76. However i was granted PTSD june 12 2009 70% and an increase of 10% for the donor side skin graft which made my overall combined rating 90%. finally they awarded the difference for IU on same date i filed for the PTSD making my rating 100% permanant and total. I had a 60 % rating prior to this new rating "recieved" june 2010. When does my NOD date begin? Im more confused everyday and i m sure ive had PTSD prior to any filing as this was a case of Res ipsa loquitur " the thing speaks for itself" I was medically retired in 1977 and as my smr's state ,,, for a TRAUMACTIC laceration of achilles tendon and nerves. IE my leg was almost severed completely off,. Further, PTSD was not a diagonoses in 1976? im sry , but how can i just recieve this award in june 2010 and NOT have a chance to NOD even tho the effective date is june of 2009? thks again for your responses, Im debating how or where to go from here, somehow i feel the VA is screwing me, not that i am not thankful for the 100% rating but it just seems something is not correct in the EED and after 33 yrs of fighting my claim the paper trail somehow does not seem to be taking into consideration.

[stillhere]

OK if your award letter was just recieved in June 2010 you have one year from the date on the letter to file an NOD.

Your claim in 2006 that you did not appeal has become final and you will need to file to have this one reopend. With your being granted 100% for PTSD that should not be a problem. Just send the VA a letter saying you want to have it reopend based on the award you just got.

Quick question do you have a VSO helping you with all this? You really should you know.

Good luck!

[Philip Rogers]

rikkor - question - how old were you when you were injured? I'm thinking you should file for SSDI stating that they committed an error in their late 70's decision and showing your lack of working record as evidence. Also, I'm thinking you should file a CUE for the EED but probably just back to '06. If you mentioned any kind of mental condition in your original VA claim you may be able to CUE back to original claim date. jmo

pr

[hawkfire27]

I don't know about EED for PTSD via a NOD. But I did get an EED for my PTSD from 1996 back to 1988 instead. I did this via a CUE pointing out that I was not gainfully employed since my first claim, and that due to my current rating of 100% (1996) that the effective date should be changed.

A NOD in my understanding is being in disagreement with the rating or other aspect of the ratings decision. So I'm sure you could file a NOD for this. I decided to wait a few years and filed the CUE as a CUE doesn't have a time limit and I was sure CUE was applicable, and I needed a break from the VA for awhile to enjoy life a bit before launching back into it.

I made sure I had a hearing. and the CUE was based on the fact that the VA failed to take into consideration my earlier claim in the ratings paperwork. and did not mention my previous claim at all. I am pretty sure it is an inferred issue to re-evaluate a previous claim when the claim is reopened. and that is what they didn't do.

Good Luck!

[rikkor]

rikkor - question - how old were you when you were injured? I'm thinking you should file for SSDI stating that they committed an error in their late 70's decision and showing your lack of working record as evidence. Also, I'm thinking you should file a CUE for the EED but probably just back to '06. If you mentioned any kind of mental condition in your original VA claim you may be able to CUE back to original claim date. jmo

pr

iwas 17 yrs old when i was injured my dad actually had to fly in and sign for them to operate on me cause they considered me a minor?. i was treated @various VA's for MH problems since being medically discharged/ret. from army in 1977 up until present , alll in my VA records!

[rikkor]

rikkor - question - how old were you when you were injured? I'm thinking you should file for SSDI stating that they committed an error in their late 70's decision and showing your lack of working record as evidence. Also, I'm thinking you should file a CUE for the EED but probably just back to '06. If you mentioned any kind of mental condition in your original VA claim you may be able to CUE back to original claim date. jmo

pr

iwas 17 yrs old when i was injured my dad actually had to fly in and sign for them to operate on me cause they considered me a minor?. i was treated @various VA's for MH problems since being medically discharged/ret. from army in 1977 up until present , alll in my VA records!