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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Flyby

Tdiu Award And Ptsd Nod

Question

In 2009 I was awarded SC for PTSD (insomnia, nervous condition, and depression) at 30% that was awarded back to one-day prior to my EAS of Dec 8 2001 from the Marine Corps. Through this eight year span I was the person that tracked down flight crew pilots and rescue swimmers to validate my claims. I was awarded 30%, which I felt was low. I submitted a timely NOD for an increase to a minumum of 50% based on VA's own published criteria. That NOD from 2010 was just addressed less than two weeks ago. I have been awarded 70% PTSD and 30% GERD, both original claims continuously open since 2001. Was also awarded TDIU. The effective dates of these awards only went back to Sept 2012, the time when my last QTC for both PTSD and GERD. Am I missing something here? My VSO feels that because TDIU has "muddied" the water, that my PTSD/GERD NOD claims are not being addressed. In my award letter it states that both the PTSD award and GERD award are both only "partial" awards. What does this mean? Berta please help. I have time left to appeal or submit an NOD but have no clue what to submit. VA claims there is a denial somewhere which came in a letter via my Senator's office, therefore the SOC was sent out. Thank you!

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Flyby, can you scan and attach the decision as to their Reasons and Basis and the Evidence list????

Cover personal info(name, c file number) first.

I am unfamiliar with what VA said were "partial awards" ....I don't get that at all....

"VA claims there is a denial somewhere which came in a letter via my Senator's office, therefore the SOC was sent out. Thank you!"

Odd.. Peggy or IRIS never mentions current denials..........as far as I know,if the vet has not received the decision yet...

Have you asked your Senator's VA liason what they received from the VA?

When we can read the exact way VA has worded a decision, it helps considerably to know what the next avenue of attack should be.



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This is quoted directly from the SOC dated Jan 8, 2013: DECISION-"Evaluation of post traumatic stress (PTSD) with panic disorder, currently evaluated as 30 percent disabling, is increased to 70 percent disabling.". 2) "Evaluation of gastroesophageal reflux disease (GERD), which is currently 10 percent disabling, is increased to 30 percent disabling."

Both were given an effective date of September 5, 2012. That was the day I had QTC appointments for both even though these are both open/continuous from December 8, 2001. I was prepared to file an NOD because of the effective dates.

January 14, 2013-"We made a decision on your notice of disagreement received on September 16, 2010." Rating Decision: 1) Evaluation of PTSD with panic disorder currently at 30 percent--The evaluation of PTSD with panic disorder is increased to 70 percent disabling effective September 5, 2012, the date VA showed symptoms warranted an increased evaluation. THIS IS A PARTIAL GRANT OF THE ISSUE OF INCREASED EVALUATION THAT IS ON APPEAL." The GERD explanation reads the same with the same "partial" caveat at the end.

January 24, 2010-Senator's Inquiry Response from VA: "Mr.___filed a claim for service connection for post-traumatic stress disorder on March 11, 2009. We made a decision Mr._____claim on August 20, 2010, of which we notified him on August 23, 2010. We received the Notice of Disagreement on September 16, 2010. We made a decision on Mr.____NOD on January 8, 2013. Since the benefit on appeal remains denied, a Statement of the case was issued. If Mr._____would like to continue his appeal to the BVA he must submit his substantive appeal before his appellate rights expire for this decisiin on March 8, 2013."

The PARTIAL awards are never identified in the rating decision and the Senator's response letter claims there was a denial if some sort that triggered the SOC. There is no DENIAL language anywhere that I have read. Hope this helps...I can't scan from my so-called smartphone. Thanks for the input and continued help.

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My question is this: Since my Original Claim for PTSD and GERD have been continuously open, is my effective date VA has assigned correct? With the jump from 30% to 70% for PTSD and the increase from 10% to 30% for GERD it seems I have gotten the short-end with my effective date only being back to Sep 2012. How about the three + years it took VA to get to my NOD...Any input would be great.

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The VA is fairly persistent about shorth changing on effective date. I was cheated out of 27 months. It all adds up. Be sure and appeal. My suggestion is to request a hearing appealing effective date and go to it and have them explain it to you.

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The reason for effective date should clearly be written within the decision

with the corresponding regs for support.

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