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

[Carl the Engineer]

"in accurate"

I hate spell check.  The spelling is correct, but the grammar is wrong.  Either that or, when it was transcribed, the transcriptionist lacked proper grammar training.  Should read, "inaccurate".  

I bring this up, not because it has anything to do with your post, but because of my OCD, it sometimes find it hard to continue reading.

Also, my wife was a medical transcriptionist and doctors can and do make up words.  

LOL,

Hamslice

My mother and now my daughter are English teachers.  Poor is me.    

Edited April 2, 2021 by Hamslice
cause I can

[broncovet]

A "dispute" of an original claim is filed on a nod form.  There are 2:  20-10958

or https://www.va.gov/vaforms/va/pdf/VA10182.pdf

If you did NOT file a nod, then its probably a claim for increase.  However, all is not lost!

There is a special rule that will give you up to another year when you apply for an increase.  The regulation is here:

Quote

 

(3)

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.

Its found here:

https://www.law.cornell.edu/uscode/text/38/5110#:~:text=4688.]&text=The effective date of the award of any benefit or,marriage%2C birth%2C or adoption.

 

And:  Its not to late to file a nod preserving the effective date if your decision was within a year. 

[LadyMC]

I think maybe my VSO filed that.  But not too sure.  I will ask her Monday 

[Buck52]

''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''

Yes you should get retro from when you first filed or when they first recieved your claim.

I agree with broncovet  read up on those regulation he put up.

.  There are 2:  20-10958-59  These are the NOD  Notice of Disagreement

They should have  mention this to you if you were denied?  remember   you only have 1 year to disagree withem. from the date you received your denial

Edited April 3, 2021 by Buck52

[john999]

What rating did you actually get? However you appeal it I would try and get as much new evidence as possible.  You could get another IMO for instance.  Your original psychologist probably knows other shrinks in the business that he/she could refer you to.  When I got my TDIU way back in 2001 I had three IMO's.  It did not cost me that much and the IMO's just got better and better.  I would just surround the VA with evidence so there is no way they can shoot down all your contentions. Overkill is not a bad word when dealing with the VA.  Did your claim involve statements from your significant others? I remember I had to appeal my first lowball rating and then the TDIU denial and finally a denial of P&T.  I would have hired ten shrinks to win my case I was so pissed off.  Way back yonder before the Afghan and Iraq war it was much harder to win PTSD and mental health claims. If you even get 30% for PTSD you have your foot in the VA's door and then it is just a matter of gaining evidence to get where you want to go.  I went from 10% to 100% but I got there and so will you.

[LadyMC]

I got 30%.   I do not have significant other statements as my husband was really tho only one I spoke to about it and we are separated.