ptsd Partial Win!

[LanceJoseph]

lol so I finally have the SOC in my hands.i was raise from 50% to 70% ptsd but It says that my effective date of claim won't go back to my initial NOD because my QTC examiner didn't see that I was at a 70% percent level at the time and that the evidence of record in my claim folder does not support an earlier effective date. Although she never asked about my symptoms she only asked about my stressors and my past. I have a IMO getting prepaired to refute the SOC and an employer wrote a signed statement saying I was unable to keep employment due to my actions and symptoms. I was in and out if the QTC examination in 15 min and wasn't asked any questions pertaining to my symptoms so how can they use that as evidence. It also says the the higher evaluation of 100 is not warranted unless the evidence shows total occupational and social impairment due to symptoms such as delusions , inappropriate behavior and persistent danger to ones self. Which all of these are in the c&p exam I recently had. My imo doc called and confirmed the validity of the employers statement so he can state I was unable to obtain employment close to the effective date of the claim. Any support would be appreciated and welcome

[Berta]

I suggest that you write to them ASAP and ask them to call a clear and unmistakable error on the decision under auspices of 38 USC, 5109A.

This is a template you can use.

VA told me 2 weeks ago that my CUE yourself claim the template comes from was with a specialist.

There is more to this tactic on the CUE forum here.

I certainly believe ,in your case, they violated 38 CFR 4.6 to your detriment.

However:

“I have a IMO getting prepaired to refute the SOC and an employer wrote a signed statement saying I was unable to keep employment due to my actions and symptoms.”

Were you unemployed prior to the 70% award? Did VA know the date you became unemployed?

Do you get SSDI, solely for the same SC ,with your last day of employment as the SSDI EED?

If so did VA know that? If you dont get SSDI I strongly suggest you file for SSDI but it is best to wait to see if the V can do this award right first,as it is superb evoidence (when 100 or TDIU) for SSDI to consider.

“but It says that my effective date of claim won't go back to my initial NOD because my QTC examiner didn't see that I was at a 70% percent level at the time and that the evidence of record in my claim folder does not support an earlier effective date. “

In cases like that the VA could have possibly done a staged rating. But then again why isnt the evidence in your C file....?

“It also says the the higher evaluation of 100 is not warranted unless the evidence shows total occupational and social impairment due to symptoms such as delusions , inappropriate behavior and persistent danger to ones self. Which all of these are in the c&p exam I recently had.”

Did they even infer TDIU and send you a TDIU 21-8940 form in the decision ?

Did you yourself apply formally for TDIU?

“My imo doc called and confirmed the validity of the employers statement so he can state I was unable to obtain employment close to the effective date of the claim. Any support would be appreciated and welcome “

You have STRONG evidence here for TDIU or 100% (the comp is the same amount)

Will the IMO doc be willing to prepare this in writing ASAP for the RO if you ask them to go CUE themselves?

Did the VA in fact consider his IMO as evidence....I do assume they did.But not sure.

It just pisses me off to no end when I see here sometimes (and experienced it myself as a claimant) when VA makes CUEs and then leaves it up to the claimant to file a NOD ,knowing full well that means the claim gets off their desk, and the claimant might wait years for a proper resolve.....a resolve that any VA rater,who can read and who has knowledge of 38 CFR,would handle right from the gitgo as long as they have the probative evidence.

They are hoping we do not understand the power of CUE and that we have dopes for vet reps who don't understand CUE either.

A CUE request filed in the appellate period does NOT stop the NOD clock.

However it can turn around an erroneous decision in a heartbeat.

Direct all of your correspondence on this (with proof of mailing )as Attention to: and then put the initials that appear in the alpha numeric code after the RE: on the right hand side of the VA letter and above the VA Regional Office .name and address.

That indicates who the last person was who rated this decision.

I sure like your fighting spirit here.

You aren't buying what they are selling, you do have good evidence of a higher rating,((TDIU or 100%) and you are willing

to make them accountable for what certainly appears to me to be a Clear and Unmistakable Error if they violated 38 CFR 4.6 and also had the evidence at hand that warranted a proper award.

I met the MF employed by the Buffalo RO many years ago......The MF caused some of my claims to take much longer than they should have and they became major wars of the words...

(MF......the Mysterious force who removed critical evidence from my c file so VA could deny and then sometimes put it back into the file when I discovered what they had done and I raised Hell...with VA Central Office.

One critical document ,which for many years VA had told me had never existed (a Peer report medical review supporting my FTCA case)

I found at the bottom of my C file, years after I needed it and had to win FTCA without it.

I used it instead to succeed in my Nehmer AO IHD claim. That fixed the MFers.

Edited November 19, 2013 by Berta

[LanceJoseph]

Berta , thank you so much for your input. I'm doing all my writing in my phone so this takes time no internet or pc.

I EAS'd nov 3rd 2010 and lost 3 jobs due to my symptoms by the end of jan 2011. It was plain to see I was unable to hold a position.

My IMO doc has a copy of this SOC and is using it to dispute the increase to 70% and the effective date.

They did not even mention deferring me to tdiu. And as for ssdi I have not. I wanted to see this NOD through before that. And I have not filed for tdiu because my DAV rep told me to not " muddy the waters " of my nod by adding in a tdiu claim

I don't know what a cue request is and what I put on the form? I've gotten a lot of good info from this site but I've also learned a lot the hard way. I extremely appreciate all your help and input.

I'm not getting stressed about this , I won't let them discourage me. I wouldn't ask or fight for a rating that I didn't deserve. If I get better in time then I would gladly take a reduction because that's proof that I'm getting my life and independence back.

[LanceJoseph]

What they did send me was a voc rehab form and a spousal info sheet because they know that my wife is leaving me because she just can't handle that I don't go out and have a social life but I can't afford to get a divorce right now. So that's just awesome if them didn't even send me a Form 9

Edited November 20, 2013 by LanceJoseph

[Vync]

Congratulations!

[LanceJoseph]

This is part of the IMO and employer docs. Tell me what you think.