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DRO hearing transcript-wager a guess

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Swarthy

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Im guessing the latter.

A grant to January 2010.

My hope is that it would go back to 2003 when I filed after a VA diagnosis of 'Anxiety R/T military experience' <br /><br />
But that was not put on the table by the DRO. ...he'll leave that to a VLJ..<br /><br />
The way I see it is that the letter of the law allows for a  "Yay" and a "No Way".<br /><br />
The spirit of the law nudges it to a "Yay", and with a January 2010 effective date, there won't be a need to CUE the previous RO descision in 2008 and their inflexibility of my Substantive appeal "you had until March 6th...We received it on April 4th."

DRO transcript_20170426121518022.jpg

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Not much info there but I definitely think the vet rep should have advised you to re-open the claim with New and Material Evidence....based on this brief download of the DRO hearing.

It appears you lost the appeal deadline and it also appears that they denied the claim for PTSD in the past due to the unverifiable stressor.

The proof of a stressor would be New and Material evidence,enough  to re-open the PTSD claim.

Unless you did get an award for SC PTSD in the past.

Did you? and when was that?  

If the VA denies a claim, for SC that they subsequently award, then the older denial decision might be ripe for a CUE filing...might...with a better EED.....

But I believe you and your vet rep are misinterpreting the "spirit " of the law as well as the "inflexibility" regarding the Appeal deadline.

With 80% now, if you are not employed did the rep advise you to file for TDIU?

"with a January 2010 effective date, there won't be a need to CUE the previous RO descision in 2008".

What did they award then (2008) , what was the award specifically for, and what was their Reasons and Basis?

Others will chime in too.

 

Edited by Berta
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OK I found more here under a search from above link:

 

"I need help untangling my next step:

In 2014:


1. The September 2008 rating decision which denied the Veteran's claim of entitlement to service connection for PTSD is final. 38 U.S.C.A. § 7105© (West 2002).

2. Evidence received since the September 2008 rating decision in connection with Veteran's claim of entitlement to service connection for an acquired psychiatric disorder is new and material and the claim is reopened. 38 U.S.C.A. § 5108 (West 2002); 38 C.F.R. § 3.156 (2013).

Status of Your Claim

Complete

  • Submitted: 11/27/2007 (Compensation)
  • Claim Closed: 09/26/2008
  • Disabilities Claimed: sleep apnea (New), right shoulder weakness (New), PTSD (New)
  • Representative for VA Claims: DISABLED AMERICAN VETERANS
  • Current Status: Complete

In 2014 the claim for PTSD was granted and rated by the BVA.
An effeective date was made for 2011 (The date we received your claim)

My question is that since the 2007 descision was made final and the case reopened simulataneously- would that make my effecti  would that make my effective date to the 2008 descision, not 2011?

My RO screwed the pooch, re-writing my contentions and I ended up with a "new claim" (see below)

  • Submitted: 12/27/2011 (Compensation)
  • Claim Closed: 04/19/2012
  • Disabilities Claimed: acquired psychiatric condition(New), ethanol abuse (Secondary)
  • Representative for VA Claims: DISABLED AMERICAN VETERANS
  • Current Status: Complete

    In effect, I have had two claims running for mental health

one for PTSD (filed in 2007)
and one for "Acquired Psych" (re-written and filed by RO)"

 Now I am really confused.

"In 2014 the claim for PTSD was granted and rated by the BVA."

Can you give us the docket number?

Did the DAV tell you that they only SC and pay comp for one MH issue?

Has your Acquired Psyh disorder" diagnosis  been subsequently changed by the VA to PTSD, via a C & P exam???

 

 

 

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  • HadIt.com Elder

I agree with Ms berta

He was denied PTSD dated 9-25-2008..ok 6-6-2008 a Exmanation did not acquired a diagnose of a physiological condition, so I'm thinking he don't have a S.C. PTSD Rating, he did try to reopen on date  5-15-2009 because of an in service shoulder injury should be sympathetically construed as a reopen claim for PTSD

Maybe he means in Appeal? NOD time frame? but then again he lost his appeal dead line?

Edited by Buck52
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  • HadIt.com Elder

If no diagnose for PTSD he could Request to reopen with new  & material evidence, either proven stressor or from a right shoulder in service injury related to PTSD?

But he will definitely need a VA -MH  DSM -5 PTSD Diagnoses first.

Not enough Information  to help here   ...sorry.

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We need to see  the BVA decision....because that decision should contain an  EED they awarded for the PTSD and

if the BVA erred with a CUE (possible but  it does not happen often because the BVA can read), then a CUE could be filed with a Motion under CUE, against the BVA decision. Info on Motions regarding  BVA decisions is available here under a search....and at the BVA web site.And the vet rep knows how to do that.

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  • HadIt.com Elder

I hope his VET REP knows how to do that?

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