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Filed For Ptsd, Then I/u And Then Reconsideration. Was That Okay?


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It's my first post. There are tons of great information on hadit, but with so many possible variables I couldn't find a case very similar to what I'm asking.

I'm already rated 50% for major depression. Within a year of that rating, I filed for PTSD (just because I couldn't get a definitive diagnosis from the VA). It was denied for lack of proof of a stressor. After the VA decided to presume a stressor from just deployment, I asked for the claim to be reopened. After I left my C&P, I had a good feeling that it would be rated higher than the 50% for depression so I decided I should file for I/U and did so that day. About a week later I asked to have the major depression reopened since I had new evidence from the PTSD C&P.

After reading all the excellent advice and personal stories here, it seems that since my records have plenty of mention of PTSD symptoms going back farther that the original claim for depression, the VA might backdate the PTSD claim to the date I filed for depression. I asked for the depression to be looked at again hoping to help that happen.

I'm just concerned that all of this combined may be overkill and slow down the process somehow.

Thanks to all of you for contributing to hadit.com! A great source of information!

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The VA does not award separate awards for MH issues.

When they awarded you 70% they made a statement as to TDIU and why they didnt consider it at that time.

Does your evidence now overcome their reasons and bases for not considering you for TDIU at that time?

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Gator

Your dilema is fairly common: You want to apply for additional benefits, but dont want to delay a claim you already have going. Berta is right, they will only pay you for ONE mental health issue, so PTSD and Depression are somewhat redundant.

Since RO's often "lowball" the depression rating, it makes it extra tough to get IU.

A caveat: Make sure that you dont make the mistake of filing for "reconsideration" but then fail to file a NOD if your MFR is not granted. A motion for reconsideration wont count as a NOD.

I recommend writing on your calendar your RO decision date, and make sure you file a NOD 11 months later. JMHO

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Thanks, y'all, for the replies.

I think I understand the combined rating based on symptoms. The only reason I filed for PTSD is that I could not get a definitive diagnosis. Someone said, when I was in the domiciliary, that I could only get a diagnosis if I filed a claim. It seemed like the VA was beating around the bush by repeatedly screening me for it with a few questions but never giving me a true diagnosis. I got the feeling the VA and DOD were trying to downplay the numbers on veterans and service members from current deployments with PTSD. I guess I also filed because I lost my TS/SCI clearance just for going to mental health while I was deployed. That eventually cost me my civilian job I had after I de-enlisted; twist that knife Army! It burns me up to think of how many people were done this way and the Army got away with it. (end of rant)

Right now I'm rated at 50% for major depression. Looking at the report on my PTSD C&P and the rating schedule, I don't see how they could possibly go lower than 70% for it. What I was attempting is to get that 70% to go back to my last rating for depression. This was actually the case when I originally filed for PTSD. They denied that claim because I didn't have proof of a stressor. However, they still gave me a C&P and higher rating for depression based on the PTSD claim.

As far as the deadline, that was the 10th of this month. Yes, it's a risk, but I'm pretty sure that the PTSD C&P report will get me up to 70% as new and material evidence.

Wait. I'm really confusing myself. The 50% rating for depression resulted from my original claim for PTSD. I got the PTSD C&P because I asked for reconsideration after the VA decided to concede the stressor withing a year of me filing for PTSD. That means, if I get rated higher than 50% for PTSD then it WOULD go back to the original claim date. If that's the case, wouldn't the I/U go back to that time also? Even if I had not implicitly asked for it?

Okay. Sorry for getting so far away from my original question which was if I was slowing the process down by filing all this in rapid succession.

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A caveat: Make sure that you dont make the mistake of filing for "reconsideration" but then fail to file a NOD if your MFR is not granted. A motion for reconsideration wont count as a NOD.

JMHO

No "motions" are filed at the RO level.

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