ptsd Iu Claim @ The "rating Board"

[BigCountryVet]

It's me again guys. My claim for IU has been sitting at the rating board ["Decision Phase" on eBenefits] for approx 4 weeks now. This is all out of the Waco VARO. Mind you, I was already granted 70% for PTSD effective Jan 2006. Since then my mental health has degraded to the point where I cannot work (and haven't for almost an entire year). What can I do to get the effective date retro to Jan of 2006 when I received my original award of PTSD 70%? Particularly, are any of you vets under the WACO VARO familiar with the reason that office sits on IU claims already at the rating board for so long? Is that indicative of something good or is that not necessarily a sign either way? I love hearing yall's feedback, so don't be shy. An honest opinion is an opinion nonetheless so please feel free to chime in. I'd love to be helped by you folks.

[carlie]

It's me again guys. My claim for IU has been sitting at the rating board

There's really no such thing as "the rating board" anymore, no matter what they tell you.

Mind you, I was already granted 70% for PTSD effective Jan 2006. Since then my mental health has degraded to the point where I cannot work (and haven't for almost an entire year). What can I do to get the effective date retro to Jan of 2006 when I received my original award of PTSD 70%?

I do not understand this question.

[Philip Rogers]

You would need to have filed a "timely" notice of disagreement(NOD), prove that the VA made a "clear & unmistakable error(CUE) or filed for an increase within one year of Jan'06 and be able to prove you were worse one year prior. Without one of those three criteria I doubt you'll win the retro. jmo

pr

Edited April 26, 2011 by Philip Rogers

[Berta]

Another thing to consider is this-

Do you get SSDI?

If so is it solely for the SC conditions?

If so- did the SSDI award precede the IU claim by at least one year?

I always use my husband's PTSD claim as example.

1984 30 % SC PTSD

1992 Applied for higher rating and TDIU in Fall 1992.

1995 SSDI award solely for PTSD

1997 posthumous award for 100% P & T SC PTSD back to Nov 1991.

The retro date was the same date SSA gave him.It was one additional year of retro based on his SSDI award date of unemployability.

The VA used the concept of when "entitlement arose".

There is past discussion here on how the determine as to when entitlement "arose".

If you do get SSDI solely for SC disabilities, this is probative evidence of TDIU as well as it can affect the EED in some cases.

[Berta]

I just thought of something else-

If the VA denies Voc Rehab to a vet based solely on their SC disabilities, of course that too is prime facie evidence of TDIU.

The date of the Voc Rehab determination could actually be the most favorable date that "entitlement arose" for a TDIU EED.

I have never seen any vet do it that way but it just came to me that,in some case, this date could precede the TDIU filing date ( this is the date they most often use for TDIU)and would be=-in my opinion- enough to support an EED based on when "entitlement arose" per Voc Rehab.

Does this make sense to anyone?

[BigCountryVet]

"There's really no such thing as "the rating board" anymore, no matter what they tell you."

If there's no such thing as a rating board why do the folks at 1-800-827-1000 keep telling me that. That's real disconcerting to think that I'm one of many being jerked around by regional.

"I do not understand this question."

My original award date for sc PTSD was January 2006 rated at 70%. I have seen and read on here the cases of countless other veterans who were awarded 100% IU with a retroactive award date back to their original

award date [of 30%, 70%, etc.] even if they had to fight to get it retroactive to that original award date. Is there anything whatsoever that I can do to establish an original effective date of my 100% IU (if granted) back to

the original award date for my 70% ptsd (Jan '06) since the ptsd is the sole reason I have become unemployable?

Additionally, if this helps yall form your subsequent replies on this thread, I was in fact awarded SSD for unemployability solely based upon my PTSD. The SSA in their award letter to me told me my next review of my case would be in another 7 years.