ptsd Retro And Deadlines For Intent To File

[turtle5252]

I was finally ready to figure Retro benefits...granted 6wks retro instead of 11 months (when I started claim)

So I filed my claim once in '83 denied....then on May 2, 2014 and reopened claim with my PTSD request.

Today I go into the ebenefits and it says I am only eligible (I may be incorrect) ..for retro benes back to June of this year (6weeks)..Because of the timing of my INTENT to FILE.

The effective date NOW is June 16 2015... NOT... May 2, 2014. The difference is huge-never read or heard abt the deadlines for Intent to file...I assume I should have filed an Intent every year????

I just dont get it. I followed the rules and inquired & inquired about any missing forms and they told me that I was good.

Help....

Edited August 3, 2015 by turtle5252

[Buck52]

I Believe the dead line to file an intent to file appeal is 60 days? other than that the claim will be consider closed.

on a reconsideration you should have filed an NOD every year since 1983 after the first year keep the appeal live. the limit was up and they closed the claim. its always best to file an NOD because you have a year most other appeals are less.

if you reopen your claim back in May 2nd 2014 they must have sent a remand back to RO? & when this happens the claim starts all over.

there saying this is a new claim for ptsd ,if you disagree....you should get a attorney.

jmo

...............Buck

Edited August 3, 2015 by Buck52

[turtle5252]

Thanks Buck...better to hear the hard truth that to keep ruminating about woulda shoulda coulda!

Iappreciate your time in helping me understand what did not occur to me before....

Final question (I promise) when comp. award letter arrives, will it include a "retro statement" ..when how much?

[Pete53]

Most of the time you have to request a statement. VA works like Social Security. If you file in May the Clock starts in June. The main thing is to get the award and than see if you can get more. My opinion for what it is worth.