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Feeling screwed

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Black3018

Question

I was denied for my fully developed PTSD claim as being not service related. I went to the DAV to file my appeal but they suggested I get treatment and counseling first to establish a paper trail and to get evidence of service connection. After about 6 months of treatment I went to file my appeal. They said to do the reconsideration based on new evidence ( treatment notes and a letter from my VA therapist plus copies of my Purple Heart award) and file a NOD at the same time. In mid March a representative of the VA called and said that reconsideration can go through but i have to drop the nod. I dropped it and I've had a new c&p exam on April 8 and it's still in the gathering evidence phase. My appeal time is over may 25th. After doing more research on my own I discovered that a reconsideration doesn't exist in the VA and I'm pissed at myself for listening to the DAV. Will This be considered a new claim or will my original date of 2-24-15 still be there? I'm also thinking I should file my NOD to preserve my original date but not sure what this will do to my reconsideration. Any advice would be helpful. 

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I received my decision last night. 50% PTSD and depressive disorder for a total of 60%. Thank you guys for the encouragement. Now how do I find out what the effective date is? They reopened my case so it should go all the way back to February of 2014 due to my first claim being a fully developed claim. They also added my wife as a dependent which is a good thing. Thank you guys very much!!!

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Black3018 first off CONGRATS on the win!!!  If you have Ebennies, log on and go to your disabilities and see the date listed next to the disability. That will tell you the "effective" date.  Otherwise wait for the BBE and retro pay!

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It says 4/8/2016 but that can't be right. They opened my original case back up and it should be 2/2014 as an effective date like the other part of my original claim 

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Just now, Black3018 said:

It says 4/8/2016 but that can't be right. They opened my original case back up and it should be 2/2014 as an effective date like the other part of my original claim 

Well for now just wait for the BBE and see what it says.  If the effective date is wrong you are going to have to appeal that.  For now just sit tight and wait.  At least you have the S/C and you can work on the effective date if it is in fact incorrect.  You need to read the decision letter to see how they determined the effective date.  If you had a C&P after they reopened it and that C&P resulted in an effective date other than the original date then you are going to have to fight it out.  Again, just enjoy the win for now and wait for the BBE to see the effective date and why....

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