Effective date on recent appeal

[firedog974]

Hi all,

            I recently won a RAMP appeal that originally started Jan 2016 when I put in a claim for PTSD.  I received my decision letter today, and the effective date is March 5, 2019.  Just wondering if anyone has any advice on where to go from here, as I feel the VA (as usual) screwed this one up.  In my decision letter it states the reasoning for the effective date as follows-"You were diagnosed with just alcohol use disorder on Aug 24, 2016 VA initial PTSD exam. Alcohol use disorder by itself is not a disability for VA purposes.  You now have a diagnosis of PTSD, therefore alcohol use disorder was included with it. We have assigned an effective date of March 5, 2019 which is the day the facts found show that you had a diagnosis of PTSD. An evaluation of 50% is assigned March 5, 2019"   So a little back story, when I initially filed, at the C&P exam, the shrink told me they could not find evidence of the stressor event, so he stated he could not diagnose me with PTSD (couldn't just take my word for it).  I filed an appeal when I received my denial letter, and submitted a report from my doctor with a diagnosis of PTSD, and began doing my own research to verify my stressor (The VA advised much of my personnel record was missing).  I submitted a lot of evidence during my appeal, and was finally granted it.  So is the VA essentially saying we know you filed for a PTSD rating over 3 years ago, but despite what your doctor said, the effective date is only when our doctor diagnosis you?   Is this correct, or is the VA wrong?  Any input for my next step (if there is one) would be appreciated.  

[firedog974]

On 3/19/2019 at 5:10 PM, firedog974 said:

I am using Vet Comp and Pen.  Yes, I won my appeal, but I did almost all of the legwork for it. I did not read the fine print, and I thought they were a VA rep, and they are not.  Many times I had questions, I would call them, and they would tell me to call the VA. Now I have to pay them 4x my increase and 10% of any retro I get.  I don't think they were worth the money, but many vets had a lot of good things to say about them, so I went with them.  I will hire an attorney next time. Learning experience.....

Just found out I don't have to pay them any retro, because I was awarded none (even if I get some in the future) and they advised me to use an attorney.  Any advice on a good one?

[vetquest]

If you look up veterans benefits attorneys you can find them by state or locality.  I worked with a law firm out of Virginia that had several attorneys and many paralegals working for them.  I was not able to meet with the attorney but I was given a phone consultation and told that they would accept my case.  Find one willing to work with you, not someone who wants you to look pretty and be quiet.  My attorney did not want to handle my appeal for neuropathy but relented after I did a write up on it.  I won SMC out of that. 

[broncovet]

I will suggest some attorneys Im familiar with:

Chris Attig, Attig Steele

CCK law

Hill and Ponton

Or, pick from here:

https://www.vetadvocates.org/cpages/sustaining-members-directory

[Buck52]

I agree with Vetquest and broncovet

Good Advise.

[Scatback]

Hi Everyone I've learned so much from this site over the past 5 years.  I was granted service connection for PTSD (02/28/2019) and I am in the same boat.  My effective date is the date of my last C&P (01/31/2019) even though I had a diagnosis from a private doc from and never let my claim close.  I just filed an appeal using the higher level review lane (03/28/2019) so I will try and post my  timeline and eventual outcome.

[Freedom101]

On 3/18/2019 at 7:42 PM, vetquest said:

What you are looking at is an appeal for EED.  If your case was before BVA there is not much chance of winning.  If your case was at the RO I would appeal to the BVA.  I will go out on a limb and say what the VA is stating is that your disability could not be verified until the date of your last C&P.  They did this to me on a claim for PTSD and I won on appeal to the BVA.

They can and do use this to avoid paying backpay when a claim has taken a considerable amount of time for them to get their act together.  It should not be right that they use the date of your last C&P and they can get away with this if you let them.

I am going through the same thing as well. I was diagnosed in 2016 with my Pyshc who forced me to file a claim. During the C&P she said I had alcohol dependency in 2017 and was denied. I have appealed in time every time. In March 2020 I reappealed to HLR and was bumped to 70% but they put my effective date as 9/2020. My rep put in the Appeal for effective date last week and was just loaded today with BVA. I figured minimum they would have given me from the last March 2020 appeal date but they screwed me again. 

 

How long is the process with BVA for just an effective date issue?