ptsd Appeal Update...Lol?

[SecurityForces03]

Hi all,

History for who don't know about my claim. My appeal was decided. I will receive a new percentage and pack pay.

However, a portion was remanded for a PTSD backdate. Today I received a form regarding my appeal for release of medical records. Lol. My appeal is at my VARO in San Diego and they apparently need more evidence from any other providers. I'm already awarded PTSD in 2014. I'm just asking for a backdate of 2009. 

Why in the world do they need a release of medical records for private physicians? How will this really matter for a date change? Mind boggling VA. The BVA agrees that my PTSD is good to go(70%), but they're saying that anxiety and depression that I was treated for after multiple deployments is different. Will be sending these forms back tomorrow :rollseyes:

Edited January 7, 2016 by SecurityForces03

[broncovet]

Your effective date is the later of the date you applied or facts found (the date the doc said you had PTSD).  

There are exceptions to this, such as if you applied within a year of discharge, and if you submitted new evidence.  

Your private treatment records could help your effective date, or they could hurt you.  You can look over these records and then decide if you want to release them to VA or not.  You are not required to release private medical records, tho many Vets do just that to support their claim.  

If your doc mentioned PTSD in an older medical exam, then you should release them to VA, by signing the release.  

[SecurityForces03]

6 minutes ago, broncovet said:

Your effective date is the later of the date you applied or facts found (the date the doc said you had PTSD).  

There are exceptions to this, such as if you applied within a year of discharge, and if you submitted new evidence.  

Your private treatment records could help your effective date, or they could hurt you.  You can look over these records and then decide if you want to release them to VA or not.  You are not required to release private medical records, tho many Vets do just that to support their claim.  

If your doc mentioned PTSD in an older medical exam, then you should release them to VA, by signing the release.  

To be specific. I discharged in 2007. I filled for anxiety/depression in 2009. Which was denied. I filed for PTSD in 2014 for sh@&$ and giggles and was awarded 70%!!!

The DAV told me that the PTSD I was awarded in 2014 should be dated as of 2009 because anxiety and depression are linked to the PTSD.

So, I received a letter for my VARO regarding the remanded appeal that they need all my private doctors info for release.

[broncovet]

It sounds like you should release those medical records, but you might want to find out what they contain, first, but that is up to you.  

[SecurityForces03]

12 minutes ago, broncovet said:

It sounds like you should release those medical records, but you might want to find out what they contain, first, but that is up to you.  

Yeah. One is a VA clinic, 1 private physician, and 1 psyhiatrist. Not sure how that information will help decide a claim back date.

[broncovet]

Here is why:

    Its because you wont get an effective date earlier than the first date the doc diagnosed PTSD.  Even if you applied in 1970, you wont get benefits until A DOCTOR says you have PTSD.  No diagnosis = no benefits.  A current diagnosis is one of the Caluga Triangle.   So, the VA wants to know when you were first diagnosed with PTSD.  Was it 2007, 2014, or some other time?  Your medical reports should reveal when you were first diagnosed with PTSD.  Your effective date is the later of the date you applied or the date the doc says you have PTSD.  

[SecurityForces03]

1 hour ago, broncovet said:

Here is why:

    Its because you wont get an effective date earlier than the first date the doc diagnosed PTSD.  Even if you applied in 1970, you wont get benefits until A DOCTOR says you have PTSD.  No diagnosis = no benefits.  A current diagnosis is one of the Caluga Triangle.   So, the VA wants to know when you were first diagnosed with PTSD.  Was it 2007, 2014, or some other time?  Your medical reports should reveal when you were first diagnosed with PTSD.  Your effective date is the later of the date you applied or the date the doc says you have PTSD.  

That's esentially the email I just received my from my DAV rep. However, he is saying that the depression and anxiety may have been the precursor to the rating for the PTSD in 2014, which would be able to backdate this to my original anxiety and depression claim in 2009, that I was denied.