Bad Rating issue

[LadyMC]

I filed a claim. Did a session with a private psychologist and was diagnosed with ptsd. Went to a c and p exam and the examiner did not accurately reflect all of my symptoms. Was given a low rating. Went back to the private psychologist who reviewed my c and p exam paperwork and concluded that one part was inconsistent with another part. He said that VSO scheduled another c and p exam. Just did that one. The va is calling it a request for increase rather than a dispute of the original claim. Below is the letter from the private psychologist after reviewing my case decision   

my question ....  they already sent me back pay to the date of my claim but at a much lower rating than the psychologist says I should qualify for.  If it is increased with this latest c and p exam, will I still get back pay for the difference back to my original claim date? 

Edited April 2, 2021 by LadyMC

[GBArmy]

LadyMC

In my opinion, you are requesting a supplemental claim for an increase. If you are appealing within in a one year of your low decision, you would get continuity to the EED. You may have the basis of a CUE, but personally, I wouldn't be going down that rabbit hole. You have a much better chance of getting the higher and correct rating by new evidence from your doc than to go the legal route of CUE. Others may disagree; you could file a CUE anytime, but the supplemental route is more likely to be successful. Don't even think about the other alternative, HLR; it will not likely get you anything but a a confirmation of their original low ball rating. Be sure to submit using the supplemental VA form 20-0995.

[pacmanx1]

8 hours ago, LadyMC said:

I filed a claim. Did a session with a private psychologist and was diagnosed with ptsd. Went to a c and p exam and the examiner did not accurately reflect all of my symptoms. Was given a low rating. Went back to the private psychologist who reviewed my c and p exam paperwork and concluded that one part was inconsistent with another part. He said that VSO scheduled another c and p exam. Just did that one. The va is calling it a request for increase rather than a dispute of the original claim. Below is the letter from the private psychologist after reviewing my case decision   

my question ....  they already sent me back pay to the date of my claim but at a much lower rating than the psychologist says I should qualify for.  If it is increased with this latest c and p exam, will I still get back pay for the difference back to my original claim date? 

If I understand your post correctly, it appears that you have a claim pending for decision. Since this new IMO refutes the prior C & P exam and the prior decision, IMHO, you should wait until the VA makes this new decision and then decides what is the best way to get the benefits that you seek.  Since the prior C & P exam marked the criteria that you meet the total occupational and social impairment, it seems that the low rating is the problem and not the prior C & P exam. It is a little confusing and not being able to review what the full C & P exam supports it is hard to say.  If I am wrong or off, please correct me.

[LadyMC]

When the C and P examiner filled out the form he skipped several of the symptoms I listed but did reference them in the criteria section.  I’m sorry but I do not understand all of the acronyms. EED, CUE, HLR ??? 

[Vync]

I agree with @GBArmy and @pacmanx1.

Once you obtain service connection for a disability, your way of contesting it is to file a supplemental (point out what is wrong and provide additional evidence, medical records, etc...) or higher level review or HLR (point out what is wrong, but no additional evidence allowed). The VA used to have a special form to request an increase, but in 2019 they changed it to the new procedure. If you meet the criteria for a higher rating, they should grant it back to the original effective date of your claim.

EED = earlier effective date, or the date your service connected percentage becomes valid.

CUE = clear and unmistakable error, a way to show the VA made specific errors and get them corrected. Must be based on the evidence of record at the time.

[Buck52]

Here is a link to most VA acronyms.

 

https://helpdesk.vetsfirst.org/index.php?pg=kb.page&id=2825

[El Train]

6 hours ago, LadyMC said:

When the C and P examiner filled out the form he skipped several of the symptoms I listed but did reference them in the criteria section.  I’m sorry but I do not understand all of the acronyms. EED, CUE, HLR ??? 

Ya, they'll do that.  Not asked, not checked.  Took a NOD and an outside Psychologist IMO, to get it rectified.  Then the VA had me do 3 additional C&P's.  Had a couple of examiners ask directly of the DBQ and filled out properly. Went from 50% to 100% finally. 

Hopefully you understand all my acronyms.  If not, I can clarify.

6 hours ago, LadyMC said:

When the C and P examiner filled out the form he skipped several of the symptoms I listed but did reference them in the criteria section.  I’m sorry but I do not understand all of the acronyms. EED, CUE, HLR ??? 

Ya, they'll do that.  Not asked, not checked.  Took a NOD and an outside Psychologist IMO, to get it rectified.  Then the VA had me do 3 additional C&P's.  Had a couple of examiners ask directly of the DBQ and filled out properly. Went from 50% to 100% finally. 

Hopefully you understand all my acronyms.  If not, I can clarify.