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What evidence is needed for an EED?

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1994andcouting.....

Question

Hello everyone. It took some time after finally having my claim approved for me to get this question ready. I appreciate any input that you may have.

I was finally approved for my PTSD/MDD due to MST claim back in July. I immediately filed an NOD for an earlier effective date. Although the MST happened in 1989 and my original claim was from 2002, I was not diagnosed with PTSD until 2008 and started treatment off and on for the MST after that. 

What kind of evidence should I submit to back this up? I have the entry from Blue Button from July 2008 where the Psychiatrist diagnosed me. But that is all I have so far. The psych notes and therapy notes were part of the claim so I dont know what else to provide.

NOTE: My claim for depression was denied at the BVA level back in June 2008 prior to the change to PTSD diagnosis in July 2008. I was so done with the VA at that time that I didnt file a timely NOD. 

Any help is greatly appreciated. As stated before, Hadit members have helped me in more ways than you can imagine. I truly thank you for your support.

Edited by 1994andcouting.....
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Your effective date is the later of the "facts found" or the date you applied.  If you were not diagnosed until 2008, its gonna be almost impossible to get an effective date earlier than that, UNLESS you get an IMO physician to review your records and state, to the effect, that you likely had PTSD much earlier than 2008.    The doc will have to give a medical rationale as to why he makes such an opinion.  

Was your 2002 claim denied?  Did you appeal it within a year?  Did you "perfect" your appeal by filing a timely I9 in response to the VARO's SOC?  

To get an earlier effective date, you need to show both:

1.  That you applied earlier,

2.  That you were diagnosed before 2008, if that is the case.   This may be a question of semantics:  Is MST or PTSD the same thing?   While it may be in your case (I dont know that, tho), if you were diagnosed with MST, then you could have a doctor opine that your MST was the source of your PTSD, if that is the case.  

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Broncovet, thanks for the response. 

I forgot to mention that my NOD is only asking for the EED back to 2008. I may pursue an IMO based upon what answers I get here. I trust you guys that much.

My PTSD and secondary MDD are due to MST. MST is not a diagnosis but the event. I learned that in therapy. 

Thanks so much.

 

PS yes the 2002 claim was denied and that is how I ended up at the BVA.

Edited by 1994andcouting.....
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The crazy one here IMHO, based on the information you posted the most retro you can get is back to 2008.  The date you were diagnosed with PTSD.  I do not think a new IMO that reviews your medical records and the doctor medical opinion and rationale stating that you had PTSD/MST and or any mental health disorder would be granted because this evidence was not in VA possession or available before the 2008 decision.  Now if you have evidence dated before your 2008 decision that you were being treated for PTSD/MST or any mental health disorder then I think it might be possible to get an earlier effective date.  You need medical documentation (medical treatment records or medical progress reports) that you were treated and diagnosed with PTSD/MST or a mental health condition.  I hope I am wrong and I hope others chime in with a better answer.  Sorry that you are going through this, I am not trying to be insensitive but VA can only go by the evidence that was available at the time of each rating decision.  You were diagnosed in 2008 so any evidence after that date would not be considered material or pertinent for any claim  prior to that date unless there was a diagnosis available before your  2008 decision.

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The crazy one here IMHO, based on the information you posted the most retro you can get is back to 2008.  The date you were diagnosed with PTSD.  I do not think a new IMO that reviews your medical records and the doctor medical opinion and rationale stating that you had PTSD/MST and or any mental health disorder would be granted because this evidence was not in VA possession or available before the 2008 decision.  Now if you have evidence dated before your 2008 decision that you were being treated for PTSD/MST or any mental health disorder then I think it might be possible to get an earlier effective date.  You need medical documentation (medical treatment records or medical progress reports) that you were treated and diagnosed with PTSD/MST or a mental health condition.  I hope I am wrong and I hope others chime in with a better answer.  Sorry that you are going through this, I am not trying to be insensitive but VA can only go by the evidence that was available at the time of each rating decision.  You were diagnosed in 2008 so any evidence after that date would not be considered material or pertinent for any claim  prior to that date unless there was a diagnosis available before your  2008 decision.

HI Pete, thanks for your feedback. I put 2008 eed on my NOD as I figured it wouldnt be approved any earlier than that. 

Prior to the 'change' in diagnosis, from 1994 to 2008, I claimed depression and was denied twice. I have only been treated for the depression since 2002 at the VA. I cannot locate my treatment records outside the VA prior to that. 

The claim that was finally approved is entitled --Depression (Now claim as PTSD with depression due to Military Sexual Trauma) (Reopen)--. I copied that straight from Ebenefits. 

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You might want to review all your rating decisions and your BVA denial decision that may shed some light  in reference to your evidence.  If you can not locate the doctor that treated you, you can always try to contact the medical center that he/she worked at to try to find out where they send their retired treatment records and go from there.  Some medical centers destroy their records and some used to put them on micro fiche or they could have them on a disc.  You never know unless you ask.

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