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Reopened?


tom91
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my claimwas denied nov 09 with nod due by nov 10.Oct 10 we asked for reconsideration due to changes in ptsd guidelines. Va is stating it was reopened in oct 10. How can that be a reopen? Does that it won't go back to my original filing date of apr 10?

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http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr3.160.htm

(e) Reopened claim. Any application for a benefit received after final disallowance of an earlier claim, or any application based on additional evidence or a request for a personal hearing submitted more than 90 days following notification to the appellant of the certification of an appeal and transfer of applicable records to the Board of Veterans Appeals which was not considered by the Board in its decision and was referred to the agency of original jurisdiction for consideration as provided in Sec. 20.1304(b)(1) of this chapter.(Authority: 38 U.S.C. 501)

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http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr3.160.htm

(e) Reopened claim. Any application for a benefit received after final disallowance of an earlier claim, or any application based on additional evidence or a request for a personal hearing submitted more than 90 days following notification to the appellant of the certification of an appeal and transfer of applicable records to the Board of Veterans Appeals which was not considered by the Board in its decision and was referred to the agency of original jurisdiction for consideration as provided in Sec. 20.1304(b)(1) of this chapter.(Authority: 38 U.S.C. 501)

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You will likely have to go "the long way around". That is, win your claim then appeal it for effective date. Sometimes I think the VA

"chops up" claims like this in order for VA employees to be able to be retained long term, becuase it appears likely that claims will be processed electronically in the future, but appeals are unlikely to be decided by computer any time soon.

I dont see being able to "fix" an erroneous potential effective date until AFTER benefits are awarded. However, you can try sending the VA a 21-4138 disputing the "reopening" of your claim before it is decided, but you may be putting your claim at risk that way.

If it were me, I would not take chances, but would do it "the long way" of waiting for a decision then appealing the effective date.

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You will likely have to go "the long way around". That is, win your claim then appeal it for effective date. Sometimes I think the VA

"chops up" claims like this in order for VA employees to be able to be retained long term, becuase it appears likely that claims will be processed electronically in the future, but appeals are unlikely to be decided by computer any time soon.

I dont see being able to "fix" an erroneous potential effective date until AFTER benefits are awarded. However, you can try sending the VA a 21-4138 disputing the "reopening" of your claim before it is decided, but you may be putting your claim at risk that way.

If it were me, I would not take chances, but would do it "the long way" of waiting for a decision then appealing the effective date.

Thanks for the feedback! But you do agree that it should not be handled as a reopen with a new effective date?

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"my claimwas denied nov 09 with nod due by nov 10.Oct 10 we asked for reconsideration due to changes in ptsd guidelines. Va is stating it was reopened in oct 10. How can that be a reopen? Does that it won't go back to my original filing date of apr 10? "

It should but the new PTSD regs have put the kabash on many past PTSD denials.

As you know these new regs have been challenged in court yet the challenge did not consider that they could give re-open date as the EED under the new regs.

What the VA is saying here is that you could fall under the new PTSD rules but didn't fall under the past ones.

Why did they deny in Nov 2009?

I agree with Broncovet that you need decision on the "re opened" claim before you question any potential EED.

This situation-in my opinion- might well happen to many PTSD vets-denied under the older PTSD criteria but successful under the new criteria yet deemed as a reopened claim and therefore get a lousy EED.

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"my claimwas denied nov 09 with nod due by nov 10.Oct 10 we asked for reconsideration due to changes in ptsd guidelines. Va is stating it was reopened in oct 10. How can that be a reopen? Does that it won't go back to my original filing date of apr 10? "

It should but the new PTSD regs have put the kabash on many past PTSD denials.

As you know these new regs have been challenged in court yet the challenge did not consider that they could give re-open date as the EED under the new regs.

What the VA is saying here is that you could fall under the new PTSD rules but didn't fall under the past ones.

Why did they deny in Nov 2009?

I agree with Broncovet that you need decision on the "re opened" claim before you question any potential EED.

This situation-in my opinion- might well happen to many PTSD vets-denied under the older PTSD criteria but successful under the new criteria yet deemed as a reopened claim and therefore get a lousy EED.

Denial nov 09 due to lack of stressor.

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