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angelah

Reconsideration Of A Claim And Backpay

Question

I received a rating of 50% for PTSD that had an effective date of June 2008. I received the backpay and all was well. In the rating decision there was a note that a higher rating of 70% is not warranted unless you meet specific criteria... Well, I DID meet that criteria so I filed a request for reconsideration of the percentage and asked for 70% for PTSD. I had my therapist submit a new assessment with a lower GAF score and I also wrote a letter as to how I have met the criteria.

Now I am in a panic regarding how they are going to calculate my backpay? Will they back pay me to june 2008 as 70% for PTSD or will they be jerks and just backpay me from 11/29/2010 when they received the request for reconsideration??

I am so stressed about this and I cant seem to find an answer anywhere!!

Thanks in advance for your help!!

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4 answers to this question

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Did you file the reconsideration request with the NOD year appellate time frame?

Make sure if VA does not adequately respond to this within NOD year (mark your calendar) that you file a timely NOD.

"Now I am in a panic regarding how they are going to calculate my backpay? Will they back pay me to june 2008 as 70% for PTSD or will they be jerks and just backpay me from 11/29/2010 when they received the request for reconsideration??"

If the medical evidence warranted the 70% in June 2008 then that should be the proper EED.

"I had my therapist submit a new assessment with a lower GAF score and I also wrote a letter as to how I have met the criteria. " GOOD!

Are you presently employed and if not does your SC hinder employment?

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I had my therapist submit a new assessment with a lower GAF score and I also wrote a letter as to how I have met the criteria.

Now I am in a panic regarding how they are going to calculate my backpay? Will they back pay me to june 2008 as 70% for PTSD or will they be jerks and just backpay me from 11/29/2010 when they received the request for reconsideration??

angelah,

IF they increase you for PTSD from 50 % to 70 % due to evidence submitted

with a request for reconsideration - that would be your retro date.

A reconsideration is basically - you agree with the decision that was made

BUT you feel with this additional evidence considered - something could change.

It's has nothing to do with being jerks - it's all laws - regs and evidence or at least

it's supposed to be.

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Did you file the reconsideration request with the NOD year appellate time frame?

Make sure if VA does not adequately respond to this within NOD year (mark your calendar) that you file a timely NOD.

"Now I am in a panic regarding how they are going to calculate my backpay? Will they back pay me to june 2008 as 70% for PTSD or will they be jerks and just backpay me from 11/29/2010 when they received the request for reconsideration??"

If the medical evidence warranted the 70% in June 2008 then that should be the proper EED.

"I had my therapist submit a new assessment with a lower GAF score and I also wrote a letter as to how I have met the criteria. " GOOD!

Are you presently employed and if not does your SC hinder employment?

I dont know what a NOD is but I filed the reconsideration 5 months after I got the rating for PTSD. My therapist wrote in the assessment that it was a REVISED assessment and that I am no longer able to work. The VA wrote in the original decision that I had a pattern of not being able to hold a job so I hope that helps me as well.

I am not employed and have not been able to work since july. I am currently in Vocational Rehab and going to school full time.

I am so distraught over this beacause I feel like the VA is intentionally looking for ways to screw me over and its causing me anxiety attacks. I have taken three klonopin today and I am still in tears.

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All members,

Please double check any advice or guidance you read

to make sure it is correct and that you always submit things to the VA in a timely manner.

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