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ptsd CUE DECISION AWARDED FROM NOD
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Question
Storm
Good Evening Everyone,
Happy New Year to everyone, I was shocked but I now I have more to go. Heres the decision :
INTRODUCTION
The records reflect that you are a veteran of the Gulf War Era and Peacetime. You served in the Army from February 1986 toJuly 1986 and from September 20,1990 to July 4 1991. We received a Notice of Disagreement from you on February 8,2016 about one or more of our earlier decisions. Based on a review of the evidence listed below, we have made the following decision(s) on your claim.
DECISION
Entitlement an earlier effective date for service connection of post traumatic stress disorder (previously claimed as dysthymic disorder) is granted because of and clear and unmistakable error was made; therefore, a 50 percent evaluation is assigned effective September 3, 2012.
Entitlement ton an earlier date for service connection of post traumatic stress disorder(previously claimed as dysthymia disorder) is granted because of a clear and unmistakable error was made in assigning an effective date of February 3,2014,the date of receipt of VA form 21-526EZ Fully Developed Claim was received; therefore, a 50 percent evaluation is assigned effective September 3, 2013, the date of receipt of your claim for PTSD. You were denied service connection for PTSD in the rating decision of October 21, 2013 because you did not attend your exam. You advised us on February 4,2014 that you missed your exam due to a conflict in your schedule, but were willing to report for VA exam. You reported for VA exam on November 10,2014, were diagnosed with PTSD, granted service connection in the rating decision of January 31,2015, notified of that decision on February 9, 2015. February 8, 2016 we received your Notice of Disagreement in which you stated you believe you should be granted PTSD back to 1995. Please be advised the claim for PTSD received September 8, 1995(error it was AUG) resulted in a VA exam that did. not have a diagnosis of PTSD, you were diagnosed with dysthymic disorder claimed as PTSD; you were notified of that decision on October 2,2002. You did not appeal that decision and it thus became final October 2,2003. one year from the October 2, 2002 notification letter advising you that dysthymic disorder was not service connected. This decision is now final as the one year appeal period has expired. It was not until your most current VA exam that PTSD was diagnosed and related to service, As stated the proper effective date is September 3, 2012 as the claim received on the date has been continuously prosecuted from that date and thus did not become final.
Please feel free to chime in on anything because although, I'm happy and grateful for my award and the VA Cueing its self. I can't be shake the feeling of still going for a CUE back to 1995. They admitted in the decision. Dysthymic Disorder PTSD. And on my DD214/15 all my SWA Medal,National Defense, Liberation of Kuwait Medal didn't ring a bell in the initial denial back in 1995.
I apologize if I posted in the wrong topic before sorry.
Thank you
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