ptsd Eed Question

[reggieboy]

Hello all. I have a question on my claims about EED. I filed on 6/2/10 and received 50% PTSD on 6/19/12. I filed for an increase and TDIU on 7/10/12.(less than 30 days from effective date) I filed due to senior doc at VA stating in his notes that I should be 100% disabled due to PTSD. Gaf score of 35. I assume I received above 50% because they asked for 4192 form for employer.

Is this a fair assumption of more than 70%?

Also should my EED be 6/2/10 or 7/10/12?

Thanks

I also was denied on first try for IBS but we did a reconsideration. DX at VA hospital..get treatment there also...Gulf War

I have not worked since 2008 and I receive ssdi

Edited July 22, 2013 by reggieboy

[Philip Rogers]

Personally, I think you should have filed a NOD, on 7/10/12, rather than a request for an increase and TDIU. By filing for an increase you opened a new claim and claim date, where a NOD would've kept the original 6/2/10 date. Also, never assume anything w/the VA. I'd just wait and see, gathering any more evidence I could. jmo

pr

[harleyman]

If you file to re-open a claim within one year of the decision. You keep the original effective date and you are eligible for increase and/or earlier effective date if the evidence shows it's warranted. Filing an NOD, keeps your date, but you end up having your claim handled by appeals which takes forever. If after you filed for increase and you get a decision, and for whatever reason you don't like the decision, you can still file a NOD and keep your original effective date. Date of claim and effective date of grant or two different things, and can get confused easily.

I think you did the right thing by filing to re-open for increase first. There was alot of time that passed from the time of your claim and a decision. I don't know where the exam fell in time frame but things can worsen between now and the new decision and the claim will certainly go faster in the RO compensation department as opposed to the Appeals department.- JMO.

[reggieboy]

Harleyman....Thanks for your quick response!! I was told the exact way you just explained. Most folks say that NOD was my best choice. I didn't think so.

[Berta]

Do you get the SSDI solely for the PTSD?

"Is this a fair assumption of more than 70%?" Yes,. in my opinion.

If the SSDI EED preceeds the VA EED by at least one year,and VA is aware of the SSA award , and has your SSA records, you could potentially get a better EED.

Did you tell them under Question # 18 on the TDIU form that you get SSDI?

I only have personal example to explain what I mean.

Husband was 30% PTSD in 1992 and filed for increase.Oct or Nov `1992.

In 1993 he was awarded SSDI solely for PTSD ( GAF 35 and was lower in one other exam,29 I think..... but the GAF doesn't mean a whole lot)

VA awarded him 100% SC P & T posthumously (I continued the claim after he died and the VA gave him an EED of Nov 1, 1991, the date SSA determined he was totally disabled by PTSD. One year more retro prior to the date he filed the claim.The claim only took 6 years.....

They could have awarded him this in his lifetime but said SSA refused to release his SSA records (it was blatantly not true)and I got the records from SSA.

I just remembered..VA owed me 3 years of retro on his claim but the regs then said pay survivors only 2 years accrued , so neither the veteran or I got the additional year retro.

If he had lived the award would have been TDIU I am sure, instead of the 100% because they can't award TDIU to a dead veteran,although he had filed a TDIU claim.

Hope this makes sense and Welcome to hadit!

As Harleyman said:

"If after you filed for increase and you get a decision, and for whatever reason you don't like the decision, you can still file a NOD and keep your original effective date."

And if you get the SSA solely for PTSD, and VA knows that and fails to consider that fact, in their EED determination, you can ask them to CUE themselves under 38 CFR 4.6 for a better EED.

I am assuming a lot here....on the SSDI.......being solely for the PTSD....

[carlie]

Hello all. I have a question on my claims about EED. I filed on 6/2/10 and received 50% PTSD on 6/19/12. I filed for an increase and TDIU on 7/10/12.(less than 30 days from effective date)

I filed due to senior doc at VA stating in his notes that I should be 100% disabled due to PTSD.

Gaf score of 35. I assume I received above 50% because they asked for 4192 form for employer.

The VBA decision maker does not have to go by what the doc states

in regards to the blanket, non-specific, statement above.

Now if the doc is credentialed in mental health and continued on to support

their statement with full medical rationale, such as,

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to such symptoms as:

gross impairment in thought processes or communication; persistent delusions or hallucinations;

grossly inappropriate behavior; persistent danger of hurting self or others;

intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name

100

Personally, I would not rely on this statement, as posted, to garner a higher evaluation.

Of most importance is - exactly what is stated in the Reasons and Bases Section of the

Rating Decision - and do I have the exact medical evidence that is needed for a higher

evaluation.

JMHO

[carlie]

I also was denied on first try for IBS but we did a reconsideration. DX at VA hospital..get treatment there also...Gulf War

Keep in mind that a Request for Reconsideration does not extend or negate

the one year time frame to submit a NOD.

This may not play into your situation -

but might play into someone else's situation that is reading this.