ptsd PTSD EED 1981 and question

[Berta]

I am posting this here to get some opinions on the potential re opened claim that a vet just posted about in the CUE forum.

I advised him to re open the claim they denied,with N & M ,  and also to file CUE on the older denial....but maybe 3.156 would be better.

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files5/1639575.txt

In part:

 

"FINDINGS OF FACT

1. The Veteran filed his initial claim for service connection for PTSD on January 21, 1981.  The claim was denied in June 1981 and March 1982.

2. In July 2008, the Veteran submitted service records, specifically unit records, which were associated with the claims folder for the first time.  There was sufficient information in the record at the time of the prior rating decision for VA to have identified and obtained these records.  

3. In an October 2009 rating decision, the Veteran was granted service connection for PTSD, effective April 6, 2001.  This decision was based in part upon the stressor information contained in the service records submitted in July 2008."


CONCLUSION OF LAW

The criteria for an effective date of January 21, 1981 for the award of service connection for PTSD have been met. 38 U.S.C.A. §§ 1155, 5110 (West 2014); 38 C.F.R. §§ 3.159, 3.156, 3.400 (2015).

"Here, the receipt of the service department records and the RO's subsequent grant of service connection based upon these records trigger the VA's duty to reconsider the rating decision that initially denied service connection for PTSD.  The Veteran has had PTSD throughout the course of this claim.  The Veteran provided sufficient information for VA to identify and obtain the records prior to rating decision initially denying his claim.  The grant of service connection for PTSD is based in part upon the details of stressors contained in these relevant records.

An earlier effective date of January 21, 1981 is warranted for the grant of service connection for PTSD.  38 C.F.R. §§ 3.156(c), 3.400."

 

[Berta]

This is the link to the CUE question from 2ndMARDIVDOC

http://community.hadit.com/topic/68639-is-this-a-cue/#comment-422496

Should he attempt to re=open with the N & M I advised ,under 3.156?

He could also file CUE too but doesnt have the SC rating yet.

[broncovet]

Great questions, Berta.  My lawyer is often also amazed at what VA "does", and she suggests Va does not always comply with the regulations either.  

Since so much is at stake here (retro for many years), I think I would have an attorney review the file, and listen to the attorney's advice.  

Then, you can decide whether or not to hire the attorney.  

I can not stress this enough, that:

  You do not always have to pay the attorney.  My attorney just applied for about 6k in attorney fees through EAJA and, if the judge awards it (likely), then here is how it will work, assuming 20 percent retro fee agreement and 6k awarded by EAJA:

   

    1.  If benefits are awarded, and the retro is less than 30,000, then I keep ALL the retro.

 30,000 times twenty percent equals 6000 so the attorney has already been paid by EAJA fees and can not collect from me again.  

    2.  If benefits are awarded and the retro is more than 30,000, then 6000 is deducted from the amount I have to pay.  Example.  If 50 thousand is awarded, the fee would be 10,000, minus the 6000 paid by EAja, so I pay 4000.  

    

[mos1833]

broncovet

does that apply to joint remands.?and regular remands.i got nothing , my attorney collected over $ 13.000.

i this post is not allowed here in this theread . please move it ,i dont want to still someone elses post . thanks

[Buck52]

mos1833

I'm sure Ms berta don't mind your question

You had had remands and got nothing? and your attorney received 13.000...from EAJA Fee?

I don't think I understand your question?

[mos1833]

If benefits are awarded , buck52 i guess this explains my question, if benifits are awarded ??  none were , i had two remands with the same law firm ,for the same issues i think ?one was for vcaa . and one because they didnt have all my records.

so i was thinking now that i lost that case on remand and its final ,will it be hard for another attorney to accept my re-opening claim again for the same issue ? 

because of $13.000 minus whats left of any retro.remaining. thanks 

i;am not new here.... just stupid

[Berta]

I do not understand how any attorney could collect fees under EAJA if the claim was denied...

http://www.veteransdisabilityinfo.com/what-about-attorney-fees-representation-cavc.php