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HELP WITH MY PTSD CLAIM

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Coach Edgar

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HI EVERYONE THIS IS MY FIRST POST I DO IN HERE, I AM OIFAND OEF VETERAN, I GOT OUT THE SERVICE IN 2005, I WENT TO THE VA FOR THE FIRST TIME IN 2006, MY PRIMARY DOCTOR DIAGNOSED ME WITH PTSD BACK IN 2006. VA HAS ME AT 80% RATING. I HAD TWO SEPRATE C&P EXAM ONE IN SEPTEMBER 2016 AND ONE ON NOVEMBER 22, 2016, THE ONE FOR SEPTEMBER THE PYSCHIATRIST TOLD ME THAT I HAD PTSD, AND VA SAYS I DONT HAVE PTSD, BUT I WAS FIRST DIAGNOSED IN 2006, SO MY LAST C&P EXAM THE PYSCHIATRIST WROTE ON MY NOTES THAT I HAVE PTSD, MY QUESTION IS WILL I GET A RETRO FROM 2006 OR 2016... 

bilateral hearing loss 40%
unspecified trauma and stressor related disorder with major depressive disorder (previously addressed as major depression) 50%
bilateral hearing loss 40%
hypertension 10%
tinnitus 10%

 

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From what I see here, the retro will go back to whenever the more recent claim was filed.

It is always possible they made a CUE in the older 2007 decision.But you need the decision to file CUE on it if it ,in fact, should contain CUE for more retro.

You say "PTSD" but this says something else:

unspecified trauma and stressor related disorder with major depressive disorder (previously addressed as major depression)       50% 50

And I think you posted a TDIU claim question in a different thread.......

Is the 50% above in  a recent award? That award has the EED....I dont see anything regarding PTSD...odd the way it is worded but all MH issues are rated the same way ...

The 2006 claim and 2007 decision should be in your C file

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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5 hours ago, Berta said:

From what I see here, the retro will go back to whenever the more recent claim was filed.

It is always possible they made a CUE in the older 2007 decision.But you need the decision to file CUE on it if it ,in fact, should contain CUE for more retro.

You say "PTSD" but this says something else:

unspecified trauma and stressor related disorder with major depressive disorder (previously addressed as major depression)       50% 50

And I think you posted a TDIU claim question in a different thread.......

Is the 50% above in  a recent award? That award has the EED....I dont see anything regarding PTSD...odd the way it is worded but all MH issues are rated the same way ...

The 2006 claim and 2007 decision should be in your C file

 

yes Berta they diagnosed me with Unspcified trauma and stressor in Febuary of this year, when i went to my C&P exam in September the  psychiatrist he diagnosed me with PTSD, and for me to follow up with the VA.. so in november i went to my second C&P exam and that is when the VA Psychiatrist di my exam and also wrote notes on my evaluation. 

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The download says you do not have PTSD and has the same diagnosis as the 50%  award above does.

EED- Earliest effective date.

The MH  50% rating would be the same, in my opinion, if the examiner had diagnosed you with PTSD.

The rating criteria for all MH disabilities is the same.I dont see a PTSD diagnosis in the C & P you posted.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

I think this examiner just hit the wrong box when he check NO to the PTSD Diagnose, because the reat of this exam shows that he has DSM 5 PTSD and meets the criteria.

He should contact the C&P Chief if this was done at the VA. & Show the chief this C&P Exam

only thing I see is maybe depression set in more after both his parents died but on into the exam it does give a PTSD Diagnose...from what I read anyway.

I think I'd NOD This   by mistake error on the examiner.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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