Some clarification needed!!

[DevilDog12]

I filed for an increase of my 30% rating for MDD.  My claim was decided in October 2015, with an effective date of April 2014.  So, basically I filed for an increase 3 months after the original decision.  I have been reading that if you file for an increase within one year of decision, it must be an NOD/Appeal.  Is this correct?  If so, are they going to treat the request for increase as an NOD/Appeal?

I had a C&P last week for the MDD, and was pretty confident afterwards.  However, if I should have filed an NOD, and not an increase, will they even rate it again?  The evidence is all there.  Medications have been increased by VA, and have been seeing a VA Psych.

I am confused as to how my claim for increase will be treated.  Increase or Appeal.  Help!

[Guest]

The crazy one here. Now I am confused. As I was reading this post I was thinking man this sounds familiar. I thought I had responded to this question but here it is.  Wow, unbelievable. Maybe I am just having one of my off days or my medication is messing with my mind.  Let's look at your other post.

http://community.hadit.com/topic/65735-increase-retro-pay/#comment-402481

You received a rating decision and then you filed for an increase due to the fact that your condition/symptoms increased anywhere between two to three months after your rating decision and you want VA to pay you for the increase for the entire time even though you did not have the evidence of increased symptoms.  Do I have your question right now?

It's confusing, but I didn't have evidence that symptoms worsened until after the claim was completed and rated.  I did not disagree with rating at the time.  3 months later, after going through a bad depression bout, having my meds increased, and seeing a VA Psycologist, I had the evidence I needed for an increased rating.

[DevilDog12]

No, I didn't say That I wanted the VA to pay for "The whole time."  I just  didn't know how it worked, as I have NEVER filed for an increase before.  And ....I am going by the evidence of the VA doc, private doc, and the fact that I know my symptoms, and know they have worsened.  

Saying that I want the VA to "pay me for the entire time" is not true. Again, I asked the question regarding effective dates and retro pay in the previous post only because I was confused.  No need to question my credibility.  If I offended you, I certainly did not intend to.  

[Guest]

There are times when we say things the wrong way and there are times when we take things the wrong way. I was not questioning your credibility, I was just asking a question so I could understand it better.  There are times when VA will deliberately low ball a veteran even with the actual evidence in the VA's possession and a veteran would have to file a NOD. In your particular case I did not know if this was a factor where you thought that filing a new claim would be a lot quicker and you could ask for an EED (Earlier Effective Date).  I did say that I was confused and I might have been having an off day or my meds. were messing with my thought processing. We the posters can only go by what is posted and most of the time it is really not enough information to take a guess but we try our best to try to shed some light or some insight of the possibilities of what the outcome may be but with VA anything is possible and you really won't know what is going on until you get a written decision.

[DevilDog12]

Trust me, I understand the whole meds messing with you thing.  Mine do too.  And I do apologize for taking your question the wrong way.  When I originally filed the claim, I went for C&P exam, and told them my symptoms, and then the claim was rated rather quickly.

At around the time of the rating, I was seeing a VA Psych (per their recommendations), and had meds increased a few months later.  Because I did not disagree with the exam notes, I did not think I would have evidence to support an NOD.  Then once I started reading through my Psych appointment notes, and doing some due diligence, I realized that I may be eligible for an increase.  So, in December, (first claim closed in early September) I filed for an increase.

which led me to my question, of what would the effective date be? Maybe I should have filed an NOD, but at the time, I didn't think it would be right, since I didn't disagree with original exam notes.  Because after all, I did have the symptoms listed.  They just have progressively gotten worse enough for the VA to raise my meds.  But again, this came after original claim decision.  I sure hope this isn't confusing, because I am confusing myself just writing about it....lol!

[Navy4life]

Honestly with the "effective date" of April 2014 and you filing for an increase in December 2015, I think that was the right path to go on.  Sure the rating decision came October 2015 BUT again the effective date of the claim was April 2014 and between Apr. 14 to Dec. 15 you had enough time to possibly warrant an increase.

The NOD route would have been years so filing for an increase probably a better option.

[DevilDog12]

Thanks!  I don't really understand it all, I just hope for the increase.  And Im sure I would get retro back to October 2015, correct?  That is when increase was filed.