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]

Correct.  Veterans do not have to diagnose their own issues to apply for benefits for them.  Depression/PTSD/Anxiety are all rated on the same schedule.  It would be the same if you were service connected for depression, but you still have to have a doctors diagnosis of depression.  

[SecurityForces03]

1 hour ago, broncovet said:

Correct.  Veterans do not have to diagnose their own issues to apply for benefits for them.  Depression/PTSD/Anxiety are all rated on the same schedule.  It would be the same if you were service connected for depression, but you still have to have a doctors diagnosis of depression.  

It's crazy to think the VA would deny anxiety and depression, with service treatment records showing medications, post deployment assessments, etc, then grant me PTSD 5 years later. Crazy. However, that 5 years that they denied me, I am going after, which has been remanded.

[broncovet]

"Crazy" is the new normal for VA.  They did the same thing to me, and I am appealing the effecitive dates, also.  The VBM has over 50 pages on effective dates.  Its one of the most complex areas of VA law.  Just "a few" issues, all related to effective dates:

1.  Inferred, and Informal claims.  Did your medical exam constitute an "intent to file"?  What about the new intent to file forms?  What happens when VA closes your case without adjuticating and informs you to refile.  Do you get the first effective date or the last.  What happens when the diagnosis changes?    When did you make the claim?  Even that is not always easy.

2.  CUE and effective dates.  One could write a book on what is and is not CUE.  

3.  38 CFR 3.156, which is divided between new evidence and new service records.  Its not always clear which is new evidnce and which is new service records.  

4.  Pending claim doctrine.  I have read attorney's rendiotion of this that is about 30 pages.  

5.  Claim finality.  This is also not always clear.  Sure your VARO claim becomes final after a year of not filing a NOD, but what if the VA did not send you notice?  What if it was an unadjuticated claim?  What if the VA merged several issues, (like mine).  Can you add an issue after the year if an appeal is pending?  

6  Nehmer claims.  Books can be written on this one also.

7.  Of course there is always the one year for FDC and one year after service.

8 Presumptive issues.  

....etc etc. it goes on and on and on.