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ptsd Earlier Effective Date
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Question
Jim 501st
I read the post on EED, and thought I would ask a question on the subject.
I am currently rated 100% Meniere's
50% ptsd
10% each knee with bilateral
I am attaching a portion of a letter I sent to my lawyer yesterday and would like to know if you Guys think it has legs.
We are anxiously awaiting our case to get back to the BVA for a decision on additional 100% or IU in reference to the three c & p s I had performed at the -------VAMC for hearing, general physical and PTSD. I know my C file can be only be at one place at a time and it is being held at the ---------RO awaiting DRO review on SAH claim. Do you have any idea when this DRO review may transpire? Our intentions are to spend the winter in Florida from January to April.
When my case goes back to the BVA, I would like you to consider the facts below and see if you think they have any merits. This is concerning SMC's L 1/2 that your firm helped me get. They backpayed me to the date that we filed for SMC; however, if we go back to the C & P for Menieres Disease performed on January 7, 2008, the C & P doctor named ------------- admitted that my C & P report under Physical Exam portion that there are signs of a staggering gait or imbalance? Answer Yes.
Other Findings:
Veteran has difficulty getting out of chair. He has a noticeable gait disturbance and leans toward the left. His wife was with him today.
Summary of All Effects on Occupational and Daily Activities:
Diagnosis: Menieres Disease
Effects of the problem on Occupational Activities: Dizziness, general occupational effect: not employed, receiving SS disability for back condition.
Are there effects of the problem on usual daily activities: yes
Describe others: This veteran has a gait problem that would prevent him from performing many activities of daily living without assistance.
At the end of her C & P report, the doctor denied service connection for all the above. The BVA judge at our hearing service connected the Menieres Disease and I was
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backpayed 100% to the date that I filed for Menieres Disease. We then filed for SMC and was assigned L 1/2 and backdated to the date that I filed. After reviewing Dr. ------------------C & P report, she clearly states in her physical exam portion that I needed assistance for daily living at that time.
I understand you normally receive SMC's from the date you file for them; however, in this case, I wonder if a presumption of inferred claim should not be in effect and backdated to at least the date of this C & P, January 7, 2008, or the date in 2007 that the Regional Office awarded me 100% for Menieres Disease, probably based on these C & P results.
I would appreciate the BVA Judge being made aware of all the facts mentioned above if you think they have merit.
-----------------
DOB: 1/15/43
File No. ----------------------
My point is I could not file for smc's until the BVA Judge service connected it and the RO approved my claim at 100%. If the c&p Dr had service connected at the time I would have filed for smc's. I did apply for and was awarded aide and attendance as soon as I got the 100% award.
Jim 501st
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