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!

[BlakePaigeStone]

When you file a CUE it always smells like it could go bad. I would just wait for a decision and then file you NOD and hire a lawyer. If the lawyers won't take it then go forward by yourself. You need the decision to really prepare for an appeal. In some CUE claims the VA will just say "No CUE occurred" and that is it. Others they may explain themselves. In my claims at the RO the VA tried every dirty trick in the book including trying to get negavtive evidence into the record that was not before the RO at the time of the decision. In the end they just said "NO CUE" without reasons or basis. Only at the BVA did they go into why they were rejecting my CUE. There reasons are bogus also, but at least they gave them.

Sounds like a good strategy; as ...(my mother used to say: "Speak-of-the-devil"), the 'DAV/VARO-Honolulu' office's secretary called about an hour after I'd made my last posting, here, and ...informed me that the decision was a 'denial.'

Since it'll be about another 15-days before I get the formal VA notification letter, I'm getting mentally prepared to file my 'NOD/BVA appeal.' As soon as I get it, I'll post whatever the reasoning the VARO-Honolulu used to deny the claim. If there's anything I can do, in the meantime, please don't hesitate to provide any additional suggestions. Thanks ...again!

[BlakePaigeStone]

You can call the VA and ask what rate you're being paid at and what are the current disability ratings. You'll know if they're different.

pr

Remember that I'm already being paid at the '70%/TDIU rate;' so ...my claim for the 'earlier effective date' wouldn't make a difference ...would it? In any case, my DAV office called, and confirmed that my claim was denied by the VARO-Honolulu. All I can do is... 'wait for the hard-copy' of my notification letter; and ...prepare for the 'NOD/BVA appeal.'

Thanks for all of your input.

[Philip Rogers]

They could also give you the starting dates, of those awards, even tho they won't tell you the outcome. It's just another way to skin a cat, so to speak.

pr

Sounds like a good strategy; as ...(my mother used to say: "Speak-of-the-devil"), the 'DAV/VARO-Honolulu' office's secretary called about an hour after I'd made my last posting, here, and ...informed me that the decision was a 'denial.'

Since it'll be about another 15-days before I get the formal VA notification letter, I'm getting mentally prepared to file my 'NOD/BVA appeal.' As soon as I get it, I'll post whatever the reasoning the VARO-Honolulu used to deny the claim. If there's anything I can do, in the meantime, please don't hesitate to provide any additional suggestions. Thanks ...again!

[BlakePaigeStone]

They could also give you the starting dates, of those awards, even tho they won't tell you the outcome. It's just another way to skin a cat, so to speak.

pr

PR: As I said in my previous posting, it was a 'denial' of my claim for an earlier TDIU effective-date. So, my existing rating was 'never' in-question.

I'm just getting ready to file a NOD ...as soon as I get the hard-copy. Thanks for your input ...though.

[BlakePaigeStone]

OK! I was shocked to see the rating-decision, in my mail-box '...today!' Now I'll be able to answer some more of your questions; but ...my C-file, which is three-volumes, won't be sent for another 60-to-90 days ...according to an IRIS response I received, from the VARO-Honolulu, a couple of days ago.

I'm getting ready to write my 'NOD,' with my request for a 'de novo review,' as a first step in the appeal process. As I start this journey, I'd appreciate any, and all, input, suggestions, and recommendations from the 'experts' ...here; as ...it seems as though the decision is just giving me the run-around, after you consider the fact that my claim, which you can read in my earlier posting, was for 'CUE.'

REASONS FOR DECISION

Entitlement to an earlier effectivedate for the grant of individual unemployability is

Denied because the evidence of record showsMay 30, 2002 as the date you were found to be unemployable due to yourservice-connected disability of PTSD and the date your claim for this benefitwas received.

On your claim for individual unemployabilityreceived on May 30,2002, you reported

that your PTSD prevented you fromsecuring or following any substantially gainful

occupation. Rating Decision dated July26, 2002 granted service connection for

posttraumatic stress disorder ( PTSD) effectiveSeptember 1, 1995, the date your reopened claim for this condition was received.YourPTSD was evaluated as 30 percent disabling effective September 1, 1995 based onsymptoms of depression anxiety, hypervigilance, exaggerated startle response, andintrusive thoughts. A ternporary 100 percentevaluation was assigned from September 13, 1995 to December 31, 1995 forinpatient hospital treatment for your PTSD in excess of 21 days. A 30 percent evaluation was assigned fromJanuary 1, 1996 based on symptoms of depressed mood and agitation reported on VAexarnination. A 70 percent evaluation was assigned from May 30, 2002, the date ofthe VA examination showing an increase in disability had occurred, including symptomsof flashbacks, avoidance, poor interpersonal relationships, and the examiner's reportthat your ability to function had deteriorated. Service connection fordisabilities other than PTSD has not been established.

Rating Decision dated July 26, 2002granted entitlernent to individual unemployability

effective May 30, 2002, the date yourclaim for this benefit was received and the date of

the VA examination that reported objectivefindings showing your inability to secure or

follow a substantially gainful occupationas a result of your service-connected PTSD.

The Board of Veteran's Appeals decision dated March 22, 2010reported that individual unemployability was granted effective May 30, 2002, thedate your claim for this benefit was received.

On your claim received on June 1, 2010,you reported that the effective date for

Individual unemployability was a clearand unmistakable error because although you

filed a claim for individual unemployabilityon May 30, 2002, you were diagnosed with

PTSD, chronic with unemployability priorto this date and that you were unable to file a

claim for individual unemployability beforeyou were service connected for PTSD in

Rating Decision dated July 26, 2002.

Although service connection for PTSD wasgranted effective September 1, 1995, the

Evidence of record does not show youwere unable to obtain or retain a gainful

occupation due to your PTSD, which, atthe time, was evaluated as 30% disabling.

Individual unemployability may be grantedwhere there is one service-connected

disability evaluated as 60 percent disabling,or two or more service-connected

disabilities, one of which is 40percent, with a combined evaluation of 70 percent or

more. The earliest effective date wemay assign for entitlement to individual

unemployability is May 30, 2002, becausethis is the date you were found to be

unemployable due to your single service-connecteddisability of PTSD evaluated as 70

percent disabling, as well as the dateyour claim for this benefit was received.

REFERENCES:

Title 38 of the Code of Federal Regulations,Pensions, Bonuses and Veterans' Relief

Contains the regulations of theDepartrnent of Veterans Affairs which govern entitlement

to all veteran benefits. For additionalinformation regarding applicable laws and

regulations, please consult your local library, or visitus at our web site, www.va.gov

Will someone ...anyone, get back to me with your thoughts, at your earliest convenience.

Thanks; and ...I look forward to reading your suggestions.

Sonny

[BlakePaigeStone]

I'll try to clean this up, so the copy & pasted words don't run together:

OK! I was shocked to see the rating-decision, in my mail-box '...today!' Now I'll be able to answer some more of your questions; but ...my C-file, which is three-volumes, won't be sent for another 60-to-90 days ...according to an IRIS response I received, from the VARO-Honolulu, a couple of days ago.

I'm getting ready to write my 'NOD,' with my request for a 'de novo review,' as a first step in the appeal process. As I start this journey, I'd appreciate any, and all, input, suggestions, and recommendations from the 'experts' ...here; as ...it seems as though the decision is just giving me the run-around, after you consider the fact that my claim, which you can read in my earlier posting, was for 'CUE.'

REASONS FOR DECISION

Entitlement to an earlier effective date for the grant of individual unemployability is

Denied because the evidence of record shows May 30, 2002 as the date you were found to be unemployable due to your service-connected disability of PTSD and the date your claim for this benefit was received.

On your claim for individual unemployability received on May 30,2002, you reported

that your PTSD prevented you from securing or following any substantially gainful

occupation. Rating Decision dated July 26, 2002 granted service connection for

posttraumatic stress disorder ( PTSD) effective September 1, 1995, the date your reopened claim for this condition was received. Your PTSD was evaluated as 30 percent disabling effective September 1, 1995 based on symptoms of depression anxiety, hypervigilance, exaggerated startle response, and intrusive thoughts. A temporary 100 percent evaluation was assigned from September 13, 1995 to December 31, 1995 for inpatient hospital treatment for your PTSD in excess of 21 days. A 30 percent evaluation was assigned from January 1, 1996 based on symptoms of depressed mood and agitation reported on VA exarnination. A 70 percent evaluation was assigned from May 30, 2002, the date of the VA examination showing an increase in disability had occurred, including symptoms of flashbacks, avoidance, poor interpersonal relationships, and the examiner's report that your ability to function had deteriorated. Service connection for disabilities other than PTSD has not been established.

Rating Decision dated July 26, 2002 granted entitlernent to individual unemployability

effective May 30, 2002, the date your claim for this benefit was received and the date of

the VA examination that reported objective findings showing your inability to secure or

follow a substantially gainful occupationas a result of your service-connected PTSD.

The Board of Veteran's Appeals decision dated March 22, 2010 reported that individual unemployability was granted effective May 30, 2002, the date your claim for this benefit was received.

On your claim received on June 1, 2010, you reported that the effective date for

Individual unemployability was a clear and unmistakable error because although you

filed a claim for individual unemployability on May 30, 2002, you were diagnosed with

PTSD, chronic with unemployability prior to this date and that you were unable to file a

claim for individual unemployability before you were service connected for PTSD in

Rating Decision dated July 26, 2002.

Although service connection for PTSD was granted effective September 1, 1995, the

Evidence of record does not show you were unable to obtain or retain a gainful

occupation due to your PTSD, which, at the time, was evaluated as 30% disabling.

Individual unemployability may be granted where there is one service-connected

disability evaluated as 60 percent disabling, or two or more service-connected

disabilities, one of which is 40 percent, with a combined evaluation of 70 percent or

more. The earliest effective date we may assign for entitlement to individual

unemployability is May 30, 2002, because this is the date you were found to be

unemployable due to your single service-connected disability of PTSD evaluated as 70

percent disabling, as well as the date your claim for this benefit was received.

REFERENCES:

Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief

Contains the regulations of the Departrnent of Veterans Affairs which govern entitlement

to all veteran benefits. For additional information regarding applicable laws and

regulations, please consult your local library, or visit us at our web site, www.va.gov

Will someone ...anyone, get back to me with 'your' thoughts, at your earliest convenience.

Thanks; and ...I look forward to reading your suggestions.

Sonny