ptsd Earlier Effective Date For Tdiu

[BlakePaigeStone]

I just saw ...yesterday, (on the VA's eBenefits web-site), that my claim has been moved, from the 'decision-phase,' to the 'closed-phase.' Is it unusual for a claim to skip the 'notification-phase?' Is this an indication of anything 'negative?'

I filed the claim on May 20, 2010; and ...it was for an award of retro-active TDIU benefits ...due to CUE. I've been rated at '70%/TDIU' ...for PTSD, since 2002. I was service-connected in 1995, at 30% ...however, I received all of my ratings at the same time ...in 2002. So, the VA rated me from 1995, to 2002, at 30%; then, raised/increased my rating to 70% in 2002 ...plus, awarded me TDIU - P&T. This was all done at the very same time; and ...I received everything in the very same envelope ...in May, 2002.

I claimed that the CUE was made because of all of the 'informal claims' for TDIU, that were ignored, between 1995 and 2002; including my VA Medical Center doctor's diagnosis, (inpatient PTSD program), of 'PTSD-Chronic - w/Unemployable' ...upon my discharge from the hospital, in December of 1995.

I claimed CUE since the claim had been 'closed' since June of 2003. However, the regional office followed-up with a request for me to complete a 'TDIU form,' and send it back. So, the CUE issue was by-passed ...right?! Could they have re-opened my old claim ...because of 'new and material evidence' ...instead? I was also awarded SSDI, very shortly after my VA award.

Does this smell like it could result in 'bad news' for me ...when I get my decision, in a couple of weeks? Does it look like I should prepare for an appeal?

Will '...anyone,' please advise. Thank you!

[john999]

Get a lawyer to review your CUE. If you can find a lawyer who will take your claim you are headed for the BVA/Court of veterans appeals. If you just send this up without some expert doing research and a brief your claim is going to languish for a few years and then be dismissed. The VA does not even mention your "PTSD/unemployable" diagnosis. Did they have that record before them when they made the initial rating back in 1995? When you get your C-File and look at the decision it would be important to find out if they had that evidence, but just chose to ignore it. Be aware that you do have an uphill battle. You really have two things you must show were made in error: 1. Your rating of 30% was an error. You should have been rated at least 70%. 2. You had an inferred claim for TDIU because of that rating error.

[BlakePaigeStone]

Get a lawyer to review your CUE. If you can find a lawyer who will take your claim you are headed for the BVA/Court of veterans appeals. If you just send this up without some expert doing research and a brief your claim is going to languish for a few years and then be dismissed. The VA does not even mention your "PTSD/unemployable" diagnosis. Did they have that record before them when they made the initial rating back in 1995? When you get your C-File and look at the decision it would be important to find out if they had that evidence, but just chose to ignore it. Be aware that you do have an uphill battle. You really have two things you must show were made in error: 1. Your rating of 30% was an error. You should have been rated at least 70%. 2. You had an inferred claim for TDIU because of that rating error.

Thanks ...for all of your input.

[carlie]

I have a pending claim filed, currently, for a copy of my c-file; as ...its effective date is September, 2010. I don't know if I'll ever get a copy, though; because ...it was over two-folders in size, when I last saw it at my C&P exam, in 2001/2002.

Just for the record - a request for a copy of one's c-file - is not a claim, it is a FOIA request.

[carlie]

If I remember right, sometime in the mid 90's, there was an amendment

to the regulations in the rating criteria for mental health disorders.

You posted something to the effect that (in something that sounds like your hospital discharge summary)

the doctor wrote the word's "chronic" and "unemployability".

The VBA decision maker may have made a poor decision in adjudication and weighed this evidence as merely isolated findings.

Also, I haven't seen anything posted yet, showing that this doctor wrote anything at all in regards to medical rationale, that would

provide support to the portion,in relation to unemployability.

Claimants can surely have evidence in their c-files that MIGHT get adjudicated as an informal claim

and I believe only VBA can infer a claim issue.

Without having anything posted yet verbatim from prior decisions, I am in agreement with Hoppy

that conjecture and I will add this is all nothing more than mere speculation at this point.

JMHO

[BlakePaigeStone]

Just for the record - a request for a copy of one's c-file - is not a claim, it is a FOIA request.

Yes, I thought so ...too; but ...the 'eBenefits web-site' has my F.O.I.A. request listed as... another 'claim,' that is currently in the development-phase. When the VA replies to me, about my C-file request ...via the IRIS system, they always say that my F.O.I.A. 'claim' is being processed, etc.

Thanks for your input.

[BlakePaigeStone]

If I remember right, sometime in the mid 90's, there was an amendment

to the regulations in the rating criteria for mental health disorders.

You posted something to the effect that (in something that sounds like your hospital discharge summary)

the doctor wrote the word's "chronic" and "unemployability".

The VBA decision maker may have made a poor decision in adjudication and weighed this evidence as merely isolated findings.

Also, I haven't seen anything posted yet, showing that this doctor wrote anything at all in regards to medical rationale, that would

provide support to the portion,in relation to unemployability.

Claimants can surely have evidence in their c-files that MIGHT get adjudicated as an informal claim

and I believe only VBA can infer a claim issue.

Without having anything posted yet verbatim from prior decisions, I am in agreement with Hoppy

that conjecture and I will add this is all nothing more than mere speculation at this point.

JMHO

I totally agree. I do, however, remember carrying around a copy of my doctor's discharge summary/report, right after my discharge ...in 1995; and ...reading a copy of it that was in my C-file, during the time that I was fighting for my initial rating of service-connection.

I used to possess a copy of my C-file; but ...many moves & relocations, across the globe, designated my big, two-volume, (at that time), to the trash-heap ...somewhere. One's mental-state when you finally receive that grant of service-connection and retro-check, after a seven-year fight with the VA, makes you execute some very stupid decisions! (like not ever expecting to have to deal, with the VA ...ever again!) As I mentioned, previously '...if I'd been in my right mind, I would have appealed the rating decision ...then!' I was too ...mentally drained, and afraid ...that I'd lose it! Crazy ...huh?!

The last message from the VARO-Honolulu, about my C-file request ...last-week, was... 'that I'd be receiving it within the next 60-to-90 days.' That's where all my ammunition is located; and ...I'm sure that much has been overlooked. I, on the other-hand, 'lived' that paperwork, and ...know exactly what, in my C-file, I'm looking for. I was also informed that my C-file is now three-volumes in size; and ...will be shipped to me, via Fed-X, ('my' expense ...I'm sure), due to my U.S. Embassy FPO mail-system restrictions on weight.

Taking possession of my C-file ...will resolve all of the issues I'm now encountering. *"Never discard your C-file!!!"*

Thanks for all of your input; and ...please stay in-touch ...ok?!