ptsd Claim Was For Iu But Was Rated At 100 Percent For Ptsd.

[Armyofone64]

Hey brother and sister vets! I have visited this sight often, but this is my first post. Question for anyone. So I filed a claim for a PTSD increase (was 30 percent). In November I had a comp and pen and in December I was increased to 70 percent ptsd and went from 70 combined to 90 combined. I have been unemployed for most of the last year, so my vet rep encouraged me to consider applying for IU. I decided to do that about a week after I got my last rating (mid December.) I was called into a second comp and pen on January 26th. The doc in this exam said I was unemployable and added some symptoms the doctor from November missed. Today I found out I was approved to 100 percent PTSD...not the IU. The effective date for this increase was December 23 2014. So very little in the way of retro pay. However had my claim from December which had bumped me to 70 percent been at the 100 percent level as it is now, my effective date for the claim would have gone back to Feb 2013, the day after I left active duty. My question is, what shall I appeal? The December 70 percent rating or the effective date of the 100 percent I just got? Any advice would be much appreciated.

[Mikemmlj]

You have to decide if the amount of retro is worth the hassle of going through an appeal. Congratulations and hope all works out.

[Navy04]

I agree with Mike on this one, I had a chance to fight the VA last year over their mistake. It was not worth fighting for $2500 and giving the VA a reason to come after me or my other disabilities. Only you can decide what to do. Congrats on the 100% and good luck

[Stretch]

Maybe they decided to give you Permanant and Total (PT). Does your rating say no further visits? Were you granted PT. If you were granted PT you have Chap. 35 benefits and ChampVA.

[Berta]

DO you get SSDI and if so, is it for the same SC disability, with no NSC conditions?

If you do get SSDI solely for what is now SC, did VA know that when they made this decision?

Or are you going to apply for SSDI? .This award is good evidence for SSDI.

"So I filed a claim for a PTSD increase (was 30 percent)." When did you file that claim?

"However had my claim from December which had bumped me to 70 percent been at the 100 percent level as it is now, my effective date for the claim would have gone back to Feb 2013.................the day after I left active duty." hmmmmmmm.

Would you be able to scan their Reasons and Bases and Evidence list (cover C file, name and address prior to scanning it)

and attach it here?

"(1) The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release."

http://www.law.cornell.edu/uscode/text/38/5110

I wonder if they did a proper staged rating as well as considered the above regulation. The decision will tell us more.

They might be right. .....then again...... there might be something you need to appeal.

[Navy04]

Berta,

Quick question, so If my SSDI was approved solely on PTSD, and I am currently 70% VA for PTSD, then does that mean that the VA should make my PTSD increase to 100%? I am asking because next week I have a PTSD Exam Review at the VA, and I am scared as Hell.

[Armyofone64]

Thanks everyone for responding. Stretch...it say that it will be reviewed in 5 years. So not yet permanent. Berta...I have applied for SSDI, about a month back. I haven't received my official decision from the VA, but saw that the effective date of the 100 percent rating was December 23rd, 2014. In December of 2013 I put in for an increase for PTSD...(within the one year post discharge period). Comp and pen for PTSD was in November and the rating for PTSD increased from 30 to 70 retroactive to February 3, 2013 (day after discharge). I then applied for IU on December 23rd 2014. Had a comp and pen for PTSD on January 26th 2015. Then I looked at my ebenefits docs and saw that I had been bumped to 100 percent PTSD (effective date December 23rd 2014. ). Can I appeal the earlier PTSD rating and use the January comp and pen as evidence showing the 100 percent? When someone appeals a rating do they often order another comp and pen? And what does the va do with conflicting comp and pens in that case? I'm not sure what a staged rating is. But anyway, as soon as I get the official letter I will scan and post it. Thanks so much everyone!