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What Does This Mean


vetinpa

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So I am told that both my gynecological and my anxiety issues are considered service connected, I have not recieved official word yet, ebenefits says it is "pending dispatch" The DAV tells me that now it will be sent back to the RO and I will have to have exams to figure out what the severity is to rate both of these.

Anxiety/PTSD was initially filed in 2002, I was denied during this claim and appealed it, will they go back to this date?

Gyno was filed in 2006. But I had information in my service record well before this, which date is relevant here??

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The effective date, assuming that your issues will indeed be SC is one of the more complex areas of VA law, IMHO.

Generally, the effective date will be the later of the "facts found" or the date you applied with about 8 exceptions. The "facts found" normally means the date the doctor said you became disabled.

These 8 classes of exceptions to the effective date are as follows:

1. 38 CFR 3.156 C, newly discovered service records.

2. Nehmer class vets who have special rules for their effective dates.

3. Informal/inferred claims can yield an earlier date.

4. Failure of the VA to inform Veteran of deadlines.

5. Pending claim (evidence received prior to expiration of appeal period).

6. When condition worsens within a year.

7. When a claim is made within a year of Vets discharge.

8. Liberalizing Regulations

For details see the link below.

I have gleaned this information mostly from this purple heart website, which cites NVLSP http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

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I have a strong feeling that now, since SC has been granted and

an up to date C&P exam has been requested of the RO, you most likely

will end up with staged ratings that relate to the medical evidence of record

that goes back to the date of the claim (2002) - the medical evidence of record

up to when they decided to grant SC - then the medical evidence that comes from the new C&P.

I am not posting that this is what I feel the results WILL be, but I will post an example hypothetical

to dates and percentages that I think may happen.

I will just do an example for the MH part.

This is to show basically how and why staged ratings are assigned.

Somehow my font size got screwed up - pay no attention to this.

JMHO

SC granted - MH - 12/2011

An evaluation of 10 percent is assigned from the date the claim was filed

2002 - 2006 - per medical evidence of record showing :

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform

occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication . . . 10

A higher level of compensation requires evidence of XXX, XXX, XXX, XXXX and is not warranted at this time.

An increased evaluation of 30 percent is assigned per medical evidence

2007 - 02 /2012 per medical evidence showing :

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks

(although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood,

anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) . . .30

A higher level of compensation requires evidence of XXX, XXX, XXX, XXXX and is not warranted at this time.

An increased evaluation of 50 percent is assigned from

03/2012 to current date.

C&P examination dated 03/17/2012 provides medical evidence showing :

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands;

impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks);

impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and

maintaining effective work and social relationships . . . 50

A higher level of compensation requires evidence of XXX, XXX, XXX, XXXX and is not warranted at this time.

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I have a strong feeling that now, since SC has been granted and

an up to date C&P exam has been requested of the RO, you most likely

will end up with staged ratings that relate to the medical evidence of record

that goes back to the date of the claim (2002) - the medical evidence of record

up to when they decided to grant SC - then the medical evidence that comes from the new C&P.

I am not posting that this is what I feel the results WILL be, but I will post an example hypothetical

to dates and percentages that I think may happen.

I will just do an example for the MH part.

This is to show basically how and why staged ratings are assigned.

Somehow my font size got screwed up - pay no attention to this.

JMHO

SC granted - MH - 12/2011

An evaluation of 10 percent is assigned from the date the claim was filed

2002 - 2006 - per medical evidence of record showing :

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform

occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication . . . 10

A higher level of compensation requires evidence of XXX, XXX, XXX, XXXX and is not warranted at this time.

An increased evaluation of 30 percent is assigned per medical evidence

2007 - 02 /2012 per medical evidence showing :

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks

(although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood,

anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) . . .30

A higher level of compensation requires evidence of XXX, XXX, XXX, XXXX and is not warranted at this time.

An increased evaluation of 50 percent is assigned from

03/2012 to current date.

C&P examination dated 03/17/2012 provides medical evidence showing :

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands;

impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks);

impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and

maintaining effective work and social relationships . . . 50

A higher level of compensation requires evidence of XXX, XXX, XXX, XXXX and is not warranted at this time.

Thank you Carlie for the response, I guess I will have to wait and see then what comes out of it. Since there are two issues, and I am currently at 80%, I am thinking that maybe this may put me in the 100% window or close to it. I was wondering about how far they would go back. . I have given them all the documentation, I guess what is so frustrating is that every issue that I have had service connected has had to go through the appeals process, I am wondering what is up with the RO staff in our local office, I have sent hard evidence, backed up by military records and medical records on the civilian side.

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