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ptsd Cue Initial Rating Decision
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Question
BlakePaigeStone
I need opinions about the 'CUE' of my initial assignment of 30%; which should have been established at a much higher initial percentage, due to 1995 VAMC diagnosis of 'PTSD-Chronic w/Unemployability.'
CUE was made when initial rating percentage was assigned ...in 2002.
My claim decision reads, in part:
...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.
*There was a mistake in the VARO's understanding of my claim. I was seeking 'CUE' in the 2002 assignment of my initial rating percentage ...not my TDIU effective date; since ...I'd already been diagnosed by VAMC doctors, in December of 1995 ...with 'PTSD-Chronic w/Unemployability.'
The claim decision continues to read, in part:
Although service connection for PTSD was granted effective September 1, 1995, the
evidence of record doesn't show you were unable to obtain or retain a gainful occupation
due to your PTSD, which, at the time, was evaluated at 30% disabling.
*(What about the VA doctor's 1995 diagnosis of 'PTSD-Chronic w/Unemployability?!')
Decision continues, in part:
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.
Now, doesn't the logic, here, seem wrong/erroneous?! I mean, I couldn't apply for any unemployability until I was service-connected! When service connection was established, in 2002, the retro-active percentage, of 30%, (which was a 'CUE'), went back to the time of my VA diagnosis of 'PTSD-Chronic w/Unemployability!' That VAMC diagnosis, and clinical treatment records, confirm a minimum of a 70% initial rating of my condition!
It feels, as though, the VA and I, are just... 'going-around-in-circles' on this issue ...doesn't it?!
There are also the two issues of... 'existing informal claims' submitted to my claims-file, during the 7-year adjudication period ...which confirm my increased condition of PTSD, (between 1995 and 2002), beyond the 30% rating-level; and ...the fact that I was unable to appeal the 30% award ...in a timely manner.
Check-out:
http://www.va.gov/vetapp07/Files3/0725309.txt
I have already, (May, 2011), submitted my NOD; and ...requested a DRO review of my claim for a retro-active increase, (to 70%), of my initial rating percentage of 30%.
Any, and all, input is welcome.
Sonny
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