30% To 70% Question

[mojo13]

I files claim back on 8/30/10 effective date for PSTD and was granted 30% on 3/7/2011. On 3/23/2011 I sent a NOD to RO indicating my support of a higher rating witch was received by RO on 3/24/2011. On 12/14/2013 was granted an increase of 40% too 70% up from 30% and now rated at 70%..My question is this they are only giving me my reto from my last C&P which was 9/9/2013 4 months. My effective date was 8/30/10 and NOD dated 3/23/11. I have been fighting this increase for close too two years, showed them by med evidence that my PSTD has gone hay wire why did they only grant me 4 months retro instead of reto from 8/30/2010 from which I first claimed

[brokensoldier244th]

They go back to the date that you filed for the increase, usually.

[mojo13]

Yes that was what I did on 3/23/11 with NOD letter. This does make sense to me should be effective date 8/30/10 what can I do.

[71M10]

They appear to be trying to make you think the effective date should be the last C&P (facts found). The only problem is you filed an appeal not a claim for increase. Have you received only a decision or a decision and a SOC? It sounds like you will need to perfect your appeal (file a form 9). Be sure to get all your thoughts arranged and be sure to get all your arguments down. Be explicit in pointing out in the medical evidence that existed March of 2011 supported a higher rating. Carefully review the SOC wording and how they parse things in it. These will be clues as to what you are missing or how they are misreading the rules.

Form 9 deadline is 60 days

[stillhere]

This happens quite a lot and it happened to me. I am currently appealing for a EED and that is probably what you are going to have to do.

When you asked for a higher rating after the first claim awarded did you phrase it as an appeal for increase or did you appeal as being the wrong rate? If you worded it as they gave you a low ball rate and you should have been 70% at the time, then I would think you have a shot and getting it retroed to 2010. Either way they will fight you so make sure you have your ducks in a row and as everyone says read everything carefully and stay with it.

Goodluck!

Stillhere

[mojo13]

Thanks guy will do and let board know. Your right I did file an appeal but only after they denied my reevaluation till now.

[mojo13]

stillhere I phrase it as an appeal for increase, and stated a higher rate. all I have is time right now not giving up Thanks for the advice