ptsd Need Advice

[R3dneck]

I filed for PTSD in 1995 and was diagnosed at that time of the C&P with Dysthymia with prominent features of anxiety, so PTSD denied. I also was denied for "Memory loss" - Service connection for memory loss is denied because this disability is determined to result from a known clinical diagnosis of dysthymia, which neither occurred in nor was caused or aggravated by service. I did not appeal as I was very uneducated in the rules and regs for VA. After many years later and many problems later that arose from my issues I finally came back to VA for help. I recently was diagnosed by a VA psychologist for PTSD as I have been attending all visits as scheduled for a few months now.I am taking all meds as required as well. I will be starting the 12 week CPT program in a couple weeks to try to improve my problems in dealing with all this. My question is: Do I have a cue or is it just a reopen? Should I try to reopen or cue now or what is the next step for me? Thanks in advance.

[free_spirit_etc]

R3dneck,

I would suggest you file to re-open - as you now have new and material evidence concerning your PTSD claim. Your first rule of order is getting the condition SCed, as well as getting appropriate treatment.

In the meantime, you can certainly work on looking up information to see if you can be granted an earlier effective date on your claim. So say, you file this month -- and are granted the benefit effective November 2013, there might be something in your records that will help you get an earlier effective date.

I am not seeing a definite CUE at the moment. But that doesn't mean there isn't one. But you can always bring a CUE up later, if you have evidence to support it. But the CUE would have to be that the RO made a clearly erroneous decision based on the evidence in the record.

So - I would suggest that you re-open your claim now. You have plenty of time to argue an earlier effective date or CUE later. As you have a diagnosis of PTSD by a VA psychologist, getting SC shouldn't be difficult as long as they connect it to your service.

Do you have a copy of your C-file? Exam reports? Etc. You won't need those to file the claim. But you will want to get a copy of everything for your records.

[R3dneck]

I've looked everywhere to see if there is a certain form or what to do for a reopen claim with no luck. What can I do or how do I word it to file one? Will something like this work?:

I would like to reopen a claim for PTSD. I have new and material evidence to reopen this claim.

TY

ME

[john999]

Did you file your initial claim within one year of your discharge? If you did all those things you claimed should have been given consideration as active duty injuries and illnesses. I would get my rating for PTSD. You could file for PTSD and the CUE. The VA will decide both claims at the same time probably. Then if and when they deny your CUE you can file a NOD and go get yourself a lawyer because you will need one. With a decent rating for PTSD along with your 30% you will probably have enough for TDIU if you are not working. You want the money to start coming in ASAP. These CUE's can take years even if they are clear and unmistakable. The VA will just say "NO".

John