ptsd Ptsd Claim

[tom91]

There appears to be an error made in my records but would appreciate input on this.

I filed a claim for PTSD initially in April 2009. It was denied by VA effective November 2009 due to lack of stressors. Following discussions back in Oct/Nov leading up to my 1 year appeal period, my VFW rep at the TN Veterans Affairs Office recommended that we file a 'reconsideration'. That was done early in November 2010 prior to my 1 year appeal period. Once the appeal period was within days, we subsequently filed an appeal. I had a C&P exam last week and the file is at the board for review.

Here lies the discrepancy.....I inquired at the time of my exam and today via the 1-800 line the effective date of claim, I was informed it was November 15, 2010! The 1-800 folks informed me that it was a 'reopen' file vs. a reconsideration and that you cannot have both a reopen and appeal...? ; however, they went on to inform me that the appeal was on file.

I don't understand but it should go back to my initial filing date of April 2009. Any advice?

[Commander Bob]

There appears to be an error made in my records but would appreciate input on this.

I filed a claim for PTSD initially in April 2009. It was denied by VA effective November 2009 due to lack of stressors. Following discussions back in Oct/Nov leading up to my 1 year appeal period, my VFW rep at the TN Veterans Affairs Office recommended that we file a 'reconsideration'. That was done early in November 2010 prior to my 1 year appeal period. Once the appeal period was within days, we subsequently filed an appeal. I had a C&P exam last week and the file is at the board for review.

Here lies the discrepancy.....I inquired at the time of my exam and today via the 1-800 line the effective date of claim, I was informed it was November 15, 2010! The 1-800 folks informed me that it was a 'reopen' file vs. a reconsideration and that you cannot have both a reopen and appeal...? ; however, they went on to inform me that the appeal was on file.

I don't understand but it should go back to my initial filing date of April 2009. Any advice?

Did you or your rep. ever file a "Notice of Disagreement" NOD, within that one year period???

"

(b) Unless the claimant has requested review under this section with his or her Notice of Disagreement, VA will, upon receipt of the Notice of Disagreement, notify the claimant in writing of his or her right to a review under this section. To obtain such a review, the claimant must request it not later than 60 days after the date VA mails the notice. This 60-day time limit may not be extended. If the claimant fails to request review under this section not later than 60 days after the date VA mails the notice, VA will proceed with the traditional appellate process by issuing a Statement of the Case.

This post was made & edited by allan: 11 October 2010 - 01:34 AM [end quote]

Edited December 28, 2010 by Commander Bob

[tom91]

Commander Bob - I did appeal the denial and have recv'd the notice of opting to have a DRO review but not mailed yet. Are you saying the reconsideration submitted already is in essence the same DRO review? Shouldn't I still send that in as well?

[Commander Bob]

There appears to be an error made in my records but would appreciate input on this.

I filed a claim for PTSD initially in April 2009. It was denied by VA effective November 2009 due to lack of stressors. Following discussions back in Oct/Nov leading up to my 1 year appeal period, my VFW rep at the TN Veterans Affairs Office recommended that we file a 'reconsideration'. That was done early in November 2010 prior to my 1 year appeal period. Once the appeal period was within days, we subsequently filed an appeal. I had a C&P exam last week and the file is at the board for review.

Here lies the discrepancy.....I inquired at the time of my exam and today via the 1-800 line the effective date of claim, I was informed it was November 15, 2010! The 1-800 folks informed me that it was a 'reopen' file vs. a reconsideration and that you cannot have both a reopen and appeal...? ; however, they went on to inform me that the appeal was on file.

I don't understand but it should go back to my initial filing date of April 2009. Any advice?

*****************

*Commander Bob - had a chance to look at my response/question to my inquiry? Curious to your response...

Hi 'timestamp',

Sorry I didn't get back with you earlier. I am preparing for a "Road Trip"~...Going to do some fishing in the Fla. Keys.

Though your NOD timeline and back story is a bit vague, I would agree with many of the responders here.

All things considered, and with what you have told us thus far, I would go with your effective date as sometime in April 2009.

I just don't have enough details of your situation. The C&P exam could of been ordered by the DRO to help you with your claim...???

Also, You know, I think the stressor rules have changed since you originated the claim for PTSD in April of 2009.???

Please keep us posted.

Best wishes in the new year,

Cmdr.Bob

Edited December 29, 2010 by Commander Bob