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Supplemental Claim for PTSD


afpitts7
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Hello All,

It was 2009 I separated from military service and being my VA adventure. I filled a claim for PTSD within a year of my EASO. I was denied, i never filled an NOD and the denied claim became final. Fast forward to last year I go in touch with a VSO and filled a supplement claim with new material and evidence. The VA awarded me 70% but only back pay to the date of the supplemental claim which was OCT 2019 the original date of claim is MAY 2011, I appealed to HLR for an earlier effective date. 

My question is will the HLR give me the earlier effective date?

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I am assuming you missed the year after for 2010?  Sounds like they went to when you C&P exam was done?  If so then yes you should do a HLR, but It might be faster to just NOD it to the BVA and let them deal with it properly.  I have seen a few people on here able to do it, but i seems everyone has to take the trip to the BVA.

You can do either, but make sure you do as you don't want to miss out on any more!

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That is the $64,000 question.  I just appealed an EED to the NOD in the old system, much like a HLR.  I just was notified today that it has been granted.  Now I have to wait for the letter or the deposit to find out how far back they went.

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Vetquest-that is wonderful news!!!!!!!!!!!!!

I have a CUE pending on an EED, the award came from a CUE , and the award had the wrong EED.

But VA said they couldn't pay me because I had already been paid (but for other issues)(They ignored my legal evidence.

It now falls under Nehmer.

I filed a new claim , for same disability too , due to scientific evidence from NAP ( NAS)  that Sec Wilkie is considering as to the "sufficient" association of HBP to AO.

Afpitts7 said:

"It was 2009 I separated from military service and being my VA adventure. I filled a claim for PTSD within a year of my EASO. I was denied, i never filled an NOD and the denied claim became final. Fast forward to last year I go in touch with a VSO and filled a supplement claim with new material and evidence. The VA awarded me 70% but only back pay to the date of the supplemental claim which was OCT 2019 the original date of claim is MAY 2011, I appealed to HLR for an earlier effective date. 

My question is will the HLR give me the earlier effective date?"

On the past denial ( I assume for the same disability you have 70% for now-PTSD)

did the VA rate it as NSC at 10% or more or did they fail to give you a C & P exam?

Can you scan and attach the denial, as to the VA's rationale to deny and also we need to see the evidence list.

Cover your C file # and name prior to scanning it .

I am anxious to see vetquest's decision too, as every decision should be carefully read over maybe many times , for potentials CUEs.

New and relevant ( material) evidence can do  great things to re open and succeed in a claim.

However a CUE can bring a very favorable EED as well- but CUE claims involve

medical evidence that is established at time of the alleged CUE.

My successful CUEs were based on legal error and the rating sheet tht established the medical eviidence was in VA's possession at time of the erroneous decision.

A year after the date of your original PTSD claim, the PTSD regulations were changed.I think.

Then again I dont understand this -how did your May 2011 claim fall into the one year after your discharge, if it was filed in 2010?

We can help more if we see their recent decision.

New and material evidence almost Always triggers the date they received it, for the EED , the one exception I recall involves SSDI award dates.

 

 

 

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Congratulations Vetquest   way to go buddy!!!

This is sure good to hear.

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"New and material evidence almost Always triggers the date they received it, for the EED , the one exception I recall involves SSDI award dates."

What I mean is (there is  regulation that is here somewhere for this)

My husband had 2 claims pending when he died-he made me promise to continue those isses when he died.

He died very suddenly in our barn 4 hours later.

One claim was for 1151 ( I won that when I  filed and won FTCA for wrongful death.) (accrued survivors DIC )

The other was for a higher rating of his 30% PTSD.

After a sort of battle, ( all of my issues were battles) this one did get done properly-after some ridiculous BS from the VA.

The VA did not adjudicate  his TDIU form, filed in 1992 along with the forml higher rating claim , but granted 100% P & T for SC PTSD posthumously.

They gave a very favorable EED of 1991-because they had his SSDI award dated 1993 solely for PTSD and SSDI had determined Nov 1991 was the last day he was able to work.

(He had a prior SSDI solely for his 1151 stroke, but I found a legal error SSDI had made, and requested a reconsideration. That recon request brought more SSA retro and the PTSD award.)

Anyone pursuing a better EED should consider if there was a CUE in any past denial, regarding the same disability or even in any award letter for the same disability.

All you need to know about CUE is in our CUE forum.

 

 

 

 

 

Edited by Berta
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Sorry let me clarify, i separated Aug 2010, I filed the PTSD claim May 2011, went for a C&P at the VA, said they could not verify an stressors, I have looked on my health vet and download all documents and can not find anything on the C&P that was done in 2011. I know they can see more then me. So I got in touch with a VSO he recommended I file a supplemental claim for the denied PTSD, in which I had buddy letters this time and all fo my of my campaign medals that were not on my DD 214 at the time. After I filed the supplemental claim it took the VA about 3 months to award me with 70%, I had to go to a dr out in town for the C&P. So now I filed a NOD because they only put the effective date to the moth I filed the supplemental claim. I requested the HLR for the effective date to be when I first filed for PTSD in 2011.  

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Has your VSO recommended filing a 3.156 claim due to the DD 215?

It would fall under C, part ii :

https://www.law.cornell.edu/cfr/text/38/3.156

And/or Has he suggested filing instead a CUE on the initial denial?

Can you can and attach their initial denial here ( cover C # ,name, prior to scanning it.)

 

 

 

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