PTSD finally awarded

[fabo330i]

Good morning all, 

I was recently awarded PTSD and have my effective date is for July 2019.  When I got out of the Marine Corps back in 2009 I claimed PTSD/TBI and they denied my claim.  I reapply again in 2016 and they denied that one as well.  Now my third time they rated me at 70% after my doctor noted many things that were overlooked in 2009 when I submitted my original claim.  Do I have a case to file an appeal for back pay since 2009 or 2016?  I never appealed any of the previous claims.  My TBI was granted in 2016.  

[GeekySquid]

In a word, Maybe.

To make any reasonable estimate of your potential claim to retro pay, possible cue situation, and Earlier Effective Date (EED) you need to get all your previous denial letters and decision pages together plus your current decision and award letter.

Redact all the personal information about you from them.

scan and post them.

We don't need the boiler plate forms, but we do need ALL the pages of both the Award Letters AND the Decision. They come together in the BBE.

Those will contain the list of evidence used, actions taken and forms sent which is why we don't need the forms themselves.

As a 5000 foot view speculation, you likely have a claim for an EED. Assuming you were finally awarded based on the same evidence that was in your file way back when, you may have a claim under 4.6 at a minimum.

I will be straight up, a PTSD claim is hard to get an EED on. Mainly because the Shrink doing the C&P is doing a serious evaluation. Only  a VA shrink can do a PTSD C&P which makes it a very unusual thing in terms of other C&P's.

It does and can happen, but the actual words used in the DBQ, ALL OF THEM, provide the potential avenue to an EED.

you have to have a rock solid claim to get the EED.  For example let us assume you have all the Caluza Elements in your File. Then the C&P Dr writes " veteran was on leave at the North Pole when in service event happened."... that kind of glaring big factually incorrect statement will be your best path to an EED.

When you get those pages together and scanned in, post them here. Someone will find time to read everything you post.

[Berta]

With the 70 % now, are you employed?

If not did the VA send a TDIU form with the decision?

If you are not employed do you get SSDI and is it solely for the PTSD?

If so, did you advise VA of the SSDI award?

GeekySquid is right- and we will be able to see what your options are for a better EED, when we can read their decisions in the past that denied for PTSD.

 

 

[fabo330i]

Hello good morning,

Currently I am employed.  I need to dig up the prior denial packets from 09 and 16. 

[GeekySquid]

1 hour ago, fabo330i said:

I need to dig up the prior denial packets from 09 and 16. 

start digging