Denied PTSD claim

[Pit13]

All, my question is this.

I filed a PTSD claim within a year of separating, the VA denied the claim, i did not do a NOD. I filed a supplement claim Oct last year with a buddy statement that I did not have before, along with my corrected Dd214 with my campaign medals. The va granted me 70% for PTSD, but only back date it to the supplement file date. I did an appeal for the earlier effective date to the original claim.

What is the possibility of them granting the earlier effective date? 

[deedub75]

If you filed your supplemental claim within a year of your original denial then the effective is supposed to be the date that you originally filed. 
 

What was the reason for the original denial?  They could be saying that your condition arose on the date you filed the supplemental. The same happened to me and this seems to be happening a lot. I had claims from 2010 that I kept going all the way to the BVA and they were remanded. I filed for a higher level review and it was denied. I filed a supplemental with a nexus letter from my doctor and the claims were finally approved but they made effective date the date of the supplemental. They are either misapplying the rules or doing this on purpose. I filed a HLR to correct it. We'll see what happens. 

[Pit13]

I did not file the supplement claim within a year. The only thing that I could see different is they did not have enough evidence to grant me the original claim. But when I did file the supplement claim I had new evidence and a buddy letter. I appealed the effective to the Higer level. Its still pending. 

[agcgonz]

If you submitted the supplement  a year after the date of the original denial from RD, and you didn't submit a NOD , they are correct.  The VARO will consider it a closed claim.. Reason not summitted  theb NOD within the statuary time limit.  The only option you have now, is to reopen the original date by submitting a  Clear Unmistakable Error (CUE) motion.   A Clear and Unmistakable Error in a past VA decision is a collateral attack. CUE claims involve three specific facets: 1. A final decision from VARO or the BVA that was never appealed. 2. It involves an error as to the application of the fact or law that existed when the CUE was made. 3. It manifestly would change the outcome of the past claim if successful. Often a CUE is the only way to recover lost retroactive monies in a decision that was never appealed.  Once it is submitted The VARO can grant or denial it.  Most are denied.   If denied they will issue a SOC. you have another year from that date to submit an appeal on Form 9 to a higher court, in this case to the BVA for judication. The BVA can grant, denied, or remand it back to the VARO (most common outcome if not outright denied ).  If denied you can  make a motion to reconsider, If the court upholds the BVA’s ruling, you can appeal to the U.S. Court of Appeals for the Federal Circuit, and then to the Supreme Court, if necessary.  see  https://va.org/filing-an-appeal-of-a-va-decision/#:~:text=Filing an Appeal of a,to the Federal Court System. for the process

 

Otherwise the new date granting the 70% will stand...

Edited June 10, 2020 by agcgonz

[Pit13]

Thank you for the info.