ptsd Effective Date

[Papa]

The following came from the Nehmer Training guide, page 17. While I'm not sure how to post this, I will not know unless I do post. Back in 1973, less than a year after my discharge I went to the American Legion and filed a claim for Nerves and emotional issues. At the time I was shaking and had terrible mental problems. Of course, the VA denied me, and I do and can not find any paper work where they inform you of your right to appeal. They did not suggest a C&P, and I was to naive. The AL just told me to go home and live my life the best I could. Currently, I'm awaiting the effective date for my Parkinson's and the evaluation of my PTSD. Realizing that this would not be easy, would this be a battle worth waging? My point is that the disability arose in 1973.

"The effective date for retroactive claims must be one of the following dates:

• The later of the following:

o The date VA received the claim, or a date prior to September 25, 1985, if the claim was pending or on appeal on September 25, 1985, or

o The date the disability arose

• The day following the date of the class member's separation from active service, if filed within one year from the date of separation"

Papa

[broncovet]

Papa

There are 2 methods by which you can attempt to get an EED:

1. "New" SMR's. See 38 CFR 3.156 C. If you have evidence that you think they did not consider, which is part of your service records, then you can reopen based on 3.156 C. Reopening with "new and materieal" evidence wont help you because the effective date will be the date you reopen based on N and M evidence (3.156 A)

2. CUE. Apparently you did not appeal the decision and it became final in one year. This means you have to search for mistakes on your decision that rise to the level of CUE.

If you got benefits later, and you can appeal the effective date, it is sometimes possible to win "staged" ratings.

I dont know that much about Nehmer, so there may be other ways if you are a Nehmer class Vet, but I dont know that much about Nehmer. Oh, Berta, are you hiding again? She knows about Nehmer.

[Chuck75]

Without all the details, etc.

It might be that lack of a C&P can be used as denial of due process, and a possible resultant CUE.

It would be lawyer time to say the least, but some sort of NOD needs to be involved to get a lawyer into the case.

I suppose you might actually file an NOD, claiming lack of due process, just to make getting a lawyer involved "legal".

I would also say that filing an NOD before any pending decisions are made can give the VA an excuse to really slow things down.

[Philip Rogers]

My initial thoughts go toward CUE. I believe different CUE rules were in effect then. If it were me I'd pursue it. jmo

pr

[Berta]

The Nehmer training guide has nothing to do with PTSD,just IHD, PArkinsons and Hairy Cell B AO claims.

"My point is that the disability arose in 1973."

If the rating sheet that resulted from the 1973 claim stated Parkinson's as NSC or a code for any disability that could possibly be considered as PArkinson's disease, the older denial would hold the EED.

This is explained in the info under Footnote One in the Training letter and here at hadit I posted excerpt from email from the NVLSP lawyer I talk to from time to time for his explanation of Footnote One.

For example say a veteran in a past denial was denied for his type of leukemia and the disability was given a rating and listed as NSC on the rating sheet.

The current diagnosis however is Hairy Cell B cancer.(which could have had a different name as a diagnosis on the older rating sheet)

It is most likely that the disability on the older rating sheet is Hairy Cell B which can be proven by the veteran's medical records.

This veteran's AO award for Hairy Cell B should go back to the older claim date.

As far as the PTSD retro that is different and you got excellent advise here on ways to pursue that.

If the older rating sheet shows an anxiety rating code as NSC and there is evidence of continuous treatment for

anxiety or PTSD then that could be pursued differently for a better EED.

"My point is that the disability arose in 1973."

If you mean the PTSD disability and not the Parkinson's disability-the problem with that is that VA did not recognize PTSD until 1983 but still considered it as an anxiety disorder.

A copy of your C file might reveal the older denial.The quote from page 17 only applies to the three new AO presumptives.

Edited August 8, 2011 by Berta

[Papa]

Berta, The only reason that I mentioned the emotional issue is that it was put in with the nervousness issue. I do have copies of my C file, and the denial for said claim. However, I need to look again to see if the VA sent me any information regarding what I should do if I disagreed with their decision. So far, I can not find anything.

Papa

[Berta]

Yes-I wondered that too- if they gave you full appeal rights in the older decision.

Are you able to scan and attach the older decision here? (Cover the personal stuff)