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Effective Date Help


marine10980

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I was originally 80% service connected for a litany of issues but 70% for ptsd. I was going to the psych and was given medication which i had bad side effects from. After telling the dr over and over again I finally stopped showing up. I would get notices from the va and simply throw them away without looking at them. Well in 2009 I was reduced from 80% total to 70% total. Fast forward to 2014 and the va was actually shorting me on the 70% money and in speaking to the VSO they said I should ask for an increase because my symptoms at the time had been worsening. I filed a claim for an increase in feb and my claim was approved for 100% ptsd. however the effective date was july 1. and my c&p exam was in june. Why would it not be an effective date from feb when I filed for an increase? Please advise.

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  • HadIt.com Elder

Welcome to Hadit. The VA usually pays back to the date you requested for the increase. Sometimes even later. Many at Hadit have been shorted but you can appeal any decision made by VA. You have a year to decide from the date of your notice.

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Marine10980: Is there anything in your VA Medical Record that supports an earlier effective date? I take from your post that you didn't appeal the 2009 reduction?

Here we are 2014 and you have had your PTSD rating increased from 50%(the rate reduction) to 100% SC. Great Job! As far as retro date, somewhere I read that the VA Rater can go back 12 Months prior to the file date. It all depends on the DX and medical evidence. If you don't agree with the award, I suggest you file a NOD requesting a personal hearing. The DRO Hearing worked great for me, IU awarded 6/27/14. You have probably already pulled all your VAH Medical records, Check your Mental Health Clinicians notes for discussion on DX and symptoms. I would specifically request a copy from Medical Records of your recent PTSD C&P. All the info used by the VA Rater should be on the DBQ.

Good Luck

Semper Fi Nam 69

Gastone

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