ptsd Going To See Vet Rep Wednesday About Ssoc

[jeffperry1134]

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?

[georgiapapa]

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

[jeffperry1134]

Thanks to all you guys that have been helping me out on this. I will give you an update Wednesday after my meeting.

[Gastone]

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

[broncovet]

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.

[Berta]

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.

[jeffperry1134]

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.