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PTSD increase decision 2 days after evaluation/was evaluation required/when does the rating update after decision letter sent

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DSIG

Question

Hello again.  I'm posting this to a new thread although its related to a post of two days ago. 

I just had my C&P exam on 16 Feb for a PTSD increase.    Based on my claim status online which I just checked this morning, 18 Feb, the VA sent a decision letter and closed the claim.  Is it possible for the VA to reach a decision this quickly after an evaluation?  This claim was submitted as a fully developed claim and the only other evidence I had in my file was a DBQ and narrative or nexus letter prepared by my treating doctor of 11 years. 

I'm enclosing a screenshot of a status that I asked the VA about twice and received two different answers.  I asked them if an exam was required. The status on the screenshot says no longer needed. In one call the VA said it was not required.  In another call they said it was required and provided me LHI's contact information.   The exam was scheduled and conducted through LHI.    

Has anyone dealt with this type of inconsistency?  Is it possible the VA made a decision without this evaluation considering how fast a decision letter was sent after the evaluation.  Or do you think the evaluation was considered in their decision?

I contacted the VA this morning and the rep said he cannot discuss the contents of the decision but confirmed that an exam notification was sent out back in January.  I also asked him how long it takes ebenefits to show the new rating if the decision is for an increase.  He confirmed for me my rating he sees now but this rating is my current rating.   How long does ebenefits take to update a rating that may have increased after a decision letter was sent?

Thanks

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As before you will have to wait for the envelope..dont count on ebenefits.  Your effective date, if awarded, is the later of the "date of claim" or facts found.  In the case of an increase, there is a special exception oft overlooked by VA:

 

Quote

The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.

Source: https://www.law.cornell.edu/uscode/text/38/5110

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With all due respect, broken soldier, the well respect attorneys who represent Veterans on the NOVA list, do not "convince Veterans to sue"

regardless of whether or not its warranted, for multiple reasons:

1.  The attorneys who represent Veterans "only get paid" when the appeal is successful, and there is zero incentive for attorneys to represent Veterans "where the issue is not warranted".  In fact, out of the multiple attorney's I have spoken with over the years, its actually difficult to get an attorney to represent you.  The expect to see a copy of the decision letter in dispute, they review it to decide if an appeal is warranted, and, better than 50 percent of the time, the attorney declines to represent you.  Why?  First, Veterans successful experienced Veterans attorneys are "extremely" busy and I have had several decline to represent me simply because they had too much backlog and could not take any more Veteran claimants.  Next, attorneys specialize and get familiar with particular aspects.  I could not get an attorney to represent me on a WRIT so I had to do it myself.  (99 percent of Writs of mandamus are denied).  

2.  Not only does the attorney not want to represent you if they dont beleive you have an issue of merit, it costs them money to do so.  They pay secretaries, postage, phone bills, legal assistants, charges to make copies of medical records etc, as well as use up their time, before they ever can be compensated.  So they pick and chose their claimants.  They wont represent you, for example, if you are seeking an appeal where there wont be a chance of monetary settlement, such as if you are already 100 percent P and T, with SMC S, and are not appealing the effective dates, unless you have loss of use for a higher SMC level.  (or A and A).  

    All the NOVA attorney's I spoke with were professional, did "NOT" try to get me to sue unless he agreed my appeal had merit.  Several declined to represent me, but even offered great advice.  

     Its a myth that NOVA registered attorneys "talk claimants into sueing" with no merits to their claim.  Its not in the client nor the attorney's best interests. 

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