Need advice on the best way to approach an appeal for effective dates

[LightningFan75]

I figured I'd start a new post since my original post in MST is a little old an now off topic since i was approved!!!

Merry Christmas Everyone!!!  and Happy Holidays for those who don't celebrate!!!

 

I had a Christmas miracle happen!  I logged into EB on the 26th and my rating went from 70% to 90%!!! They approved my PTSD at 70% and my shoulder that I've been fighting since forever at 20%. 

Now the bad news...the effective date of my PTSD was 12/13/2019 even though I submitted my supplemental on 6/13 and have been claiming mental health issues since 2017.  Also I first claimed my shoulder in 2017 and they denied my claim without a C&P exam even though I had a report of 2 accidents in my MR.

Can I appeal the date of my shoulder since I was never given a C&P and had to gather the evidence on my own? And can I appeal the date of my PTSD since the C&P exams I had from the beginning reported my statements in error?  The doctor from the very last exam I had (on the date of the rating 12/13) was wonderful and took the time to go through my past exams and listen to me very careful and set the record straight correcting all of the false statements the previous doctors made, and gave her own opinion based on our discussion coupled with the letter from my current VA MST therapist.  

See my very first claim of PTSD from 2017 has been in deferment until just a few days ago so technically shouldn't it be still be considered open?  So shouldn't I be able to request a back date all the way to the date of that first claim?

[Berta]

I agree with Broncovet that you need to post this as new topic- and also he is correct with that link.

This site also has excellent information.

https://www.dav.org/learn-more/news/2019/veterans-report-being-turned-away-from-va-health-care/

We have had a few OTH vets here over the years who succeeded in getting a better discharge.

Two did because they had a prior Honorable period of service, than re enlisted on got Bad Paper.

This site too has good info:

https://www.swords-to-plowshares.org/guides/va-character-of-service-determination-an-alternative-to-discharge-review/

You stated " but was denied benefits and has been repeatedly due to his OTH. "

That means then VA has already made  a Character of Discharge determination and denied his claim on that basis.

Has he appealed their decision with a timely NOD and I-9 Appeal?

Many vets do not succeed on these issues:

https://www.va.gov/vetapp19/files7/19156046.txt

This veteran did get an upgraded Character of service:

https://www.va.gov/vetapp19/files5/19138449.txt

The veteran you are helping needs to make sure he can prove whatever stressor info he has given the VA already. I feel he should seek a VSO or vet rep. 

He will surely need new and relevant evidence to re -open his claim.

 

 

[LightningFan75]

Thanks for everyone's input.  My initial claim was in the beginning of 2017.  From what I can tell, they placed the claim in a deferred status immediately and then sent me to my first farce of a C&P MH exam.  Unfortunately it wasn't until the beginning of last year that my husband finally convinced me to see a therapist.  He couldn't take seeing me go through the outbursts and panic attacks anymore (kills him that he can't help).  So I've definitely been in therapy longer than 12/13 and have numerous people who can write statements showing PTSD symptoms dating back to 2014.

But I digress....since the deferment I did enter new evidence and opened a supplemental claim which is what recently was closed along with the claim that was deferred, I guess since they were both PTSD.

As far as the shoulder claim, it took 18 months to get all the evidence I needed to reopen the claim so I don't know if I can appeal for an earlier date since it's past the one year mark.

 

I'm just a little anxious...my husband and I made so many mistakes with my PTSD claim that I feel drew it out longer than it should have...I don't want to make the same mistakes again and would like to use the best appeal process on the new system.