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Going To See Vet Rep Wednesday About Ssoc


jeffperry1134

Question

I am going to see the Vet Rep that Wednesday about my SSOC that I received 2-25 saying in a very weird way that my 50% PTSD rating will be increased to 70% but not go back to the effective date that it should. It is going back to 2011 when I filed the NOD in 2007 and have had a DX with the VA since 2001. I am just trying to gather as much stuff as I can before the meeting so I seem somewhat prepared. I agree with the 70% rating but not with the timeline. I plan to appeal the timeline. Will that cause them to stall on the rating percentage and not pay any back pay at all right now? Or could they go ahead and do the 2011 to present timeline and the rating but if I were to win on the timeline get the rest back? It is a lot of questions but I am used to it. Any advice?

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jeffperry 1134,

I do not think it will cause them to delay your new percentage rating and retro since you will only be appealing the EED of your rating increase.

Effective Date for Rating Increases:

The earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim received within one year of such date, otherwise, the date the claim (request for increase) was received.

Good luck.

GP

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Retro date not right for SC %, was a stage Rating % discussed in your 2/25/15 SSOC? Remove your Pers info and scan a copy for us. Your current Retro should be hitting your Direct Deposit account shortly, maybe different when it come to SSOC but Deposit usually precedes the actual Award letter by about 5 days. Is your Bank/CU account set up to Txt & Email you daily regarding all transactions?

Semper Fi

Gastone

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Georgiapapa has the right general idea for effective dates. The exceptions are here:

Anyone seeking an earlier effective date should look at this post, which Tbird pinned. There are 2 critical links there, one for nvlsp for increases, another on NVLSP common effective date errors.

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You need to respond to the SSOC ( within 30 days I believe) but also you could ask them to CUE themselves on the EED, if they had medical evidence that warranted a better EE and did not consider it.

That is a violation of 38 CFR 4.6.

Gastone is right, however, that they might have made a staged (Fenderson ) rating.

Without reading it here however ,we are just guessing.

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I just noticed that in the evidence section they never mentioned any psych eval or any records from my Vet Center therapist. All it has listed is:

VA Exam and outpatient records from 2013-2015

My old Vet Center contracted therapist said that she would write something for me using the exact symptom list in the SSOC for the increase in 2011 saying I was at that same level in 2007. I will get that and take it with me to submit.

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GREAT.

In 1996 the VA denied one of my husband's claims, pending at his death.

He was 30% SC PTSD and it was for a higher rating.

He also sent them a TDIU form ( that claim has never been adjudicated)

First they told my Congressman and 2 Senators they could not get his SSDI records, as SSA refused to release them

That was a lie.

Then I realized they did not use, as evidence, any treatment records fro the PTSD 21 day inhouse program, nor did they use the results of extensive psyche testing my husband had, to assess the difference between his brain damage (TIA and stroke) from his SC PTSD.The shrink he had prior to that was the VA employee counselor and never documented anything an employee told him.But my husband had left the VA for a different employer by time he filed these 2 claims, due to a totally disabl8ing stroke (1151)

I went right over to the Bath VA when I got the denial and luckily the PTSD Doc was there in his office.,with no pts. I showed him the denial and also the SSA PTSD award.

He immediately mailed me copies of his testing results ( 6 tests) and also said he would send them to the RO with a letter telling them he had seen the SSDI award.

Within a few months , into 1997 I got the accrued award letter. 100% P & T SC PTSD Nov 1991 to October 1994.

I mentioned this earlier to someone.here.

The doctor's test results were 2 handwritten pages ,very difficult to read.

I typed them out along with the results he had sent them and to me, and mailed them to the RO, myself, just in case they failed to be able to read the test results.

This was before the VA required PC use for records..

It can take quite a bit of time to decipher handwritten records but I knew the RO would not have a clue on what they meant.

We have to do the RO's jobs for them sometimes.

Because we are the best vet reps we will ever have

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I met with the VA benefits rep a little while ago and we discovered that they never even sent me an I-9 form with my packet. I appealed the retro pay and not the percentage as we feel it is an accurate rating. He faxed it in to the VA claims intake center in Newman, GA. Does anyone have a timetable idea of how long it will take to be processed there? I still have to send a letter from my therapist since she could not get it done before today. He said it might hold up the SSOC decision on percentage, even though we agreed that it was appropriate and will hold up everything else like the retro pay that they want to pay.

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