Wrong effective date?

[allansc2005]

Got a veteran who applied for and was granted SC for PTSD; applied in December 2020, granted March 2021.

Veteran was paid back pay to December 2020, however, the vet was already denied SC PTSD back in 2009.

So should he have gotten back pay to 2009, or was the VA right in granting him only 3 months of backpay?

 

Thanks,

Allan 2-2-0 HOOAH!!

 

 

 

 

 

[allansc2005]

UPDATE: Submitted a Supplemental Claim(replaces the old NOD) requesting an earlier SC based on a denial letter for PTSD back in 2009.

 

Case History Index: Veteran was awarded PTSD-50%(December 2020) based on an incident that took place in Korea back in 1978.

Veteran asked for and was granted an increase for PTSD-70%(February 2021).

Veteran applied for and was DENIED SC for PTSD back in February, 2009.

Veteran was paid retro ONLY back to December, 2020, even though his ONLY denial for PTSD was February, 2009.

 

Our contention: Because the veteran applied for and was denied SC for PTSD, then his retro should have been back to that date of denial, and NOT retro to December, 2020, his FIRST SC approval for that PTSD claim.

 

Our evidence we submitted with the Supplemental Claim: 1. Opinions by NON VA psychiatrists that veteran's PTSD "more likely than not began right after_______ incident took place while on duty stationed in Korea in 1978.." 2. Veteran's PTSD has worsened over the years as a DIRECT result of his____ incident that took place while on duty stationed in Korea in 1978.

 

As a footnote, veteran has been scheduled for ANOTHER C&P exam relating to the above for what we THINK is to establish an earlier SC date stemming from our Supplemental Claim.

 

Of course as we all know, because the veteran didn't apply for SC for PTSD within a year of his discharge, the retro won't go back to the day AFTER his discharge, so.., having said that, here's my question:

What, in your opinion, should be the correct retro YEAR for this veteran's PTSD claim?

 

Oh, veteran won't allow me to upload redacted documents here pertaining to this PTSD claim, sorry)-:

Thanks,

Allan 2-2-0 HOOAH!

 

 

 

 

 

[pacmanx1]

Date of the original claim. The VA can only pay retro pay back to the date of the original claim. The evidence must support the claim for an EED.

Edited June 2, 2021 by pacmanx1

[Berta]

I felt pretty sure this could be a 38 CFR.3.156 (c) claim bu then again I am thinking that  they sure might have committed a CUE in the older denial.

38 CFR 3.156 (c) would only pertain to Newly discovered service records but if that does not work

-a CUE would be in order for better retro, if the 2009 decision would warrant a valid CUE.

If the VA had evidence in 2009 that warranted service connection, for PTSD, that would be a violation of 38 CFR 4.6.

By 2009 evidence, I mean the diagnosis of PTSD at that time, and also evidence of the Nexus event in Korea, in 1978.

Was this possibly a BVA denial?

If so with a few key words I might be able to find it, and BVA decisions never identify the veteran by name.

Without seeing the actual older decision and Evidence list, it is difficult to even know if this was denied properly- ( like maybe he missed C & P exams, or had no PTSD diagnosis and treatment, and VA failed to even give him a PTSD exam, or maybe he could not give them enough detail to run this through NARA ( JSRRC) or maybe they should have contacted JSRRC and never did.

You said "Sadly, this veteran has been told more BS by the drunkards "lawyers" down at the American Legion hall, that he almost walked away from this case!"

I bet that happens a lot to veterans, and a widow we had here years ago had problems with a AL post member who didn't have a clue but told her she could never get DIC.  She did!.

I wish he would trust us to see the 2009  redacted denial but I assume you have seen it Allan,

so does it state exactly why he was denied?

Did the evidence list (2009) reveal any attempt to verify his stressor via JSRRC?

Cripes, they sure awarded on something and maybe JSRRC did confirm the stressor long ago, and they never considered it in the past denial.  Maybe they did get confirmation but had already denied the claim so they said the hell with it, never expecting the veteran to appeal their denial.And then maybe they found the past stressor confirmation only when they adjudicated the more recent claim.

I feel bad that he put faith into some AL beer guzzlers than he has put in us here.

Then again I hope he has trusted you to see that older denial.

A vet I know well wanted me to write and file a TDIU claim for him.

He had let his appeal period pass by.

I don't hold POAs and asked him for the evidence he said he had.

I have never seen the evidence and I told him to go to the local vet rep who helped him get 10% SC. He wouldn't go.

He lives right up the road and told me many times 'oh I forgot to bring what I wanted to see.....( His SSA award)

His VA award letter was in 1997. He never appealed it.And still gripes about it.

He told me that his SSA was solely for the injury he got SCed. He went through FERS as well.I realized that it was probably not solely for the 10% SC but included other NSC disabilities,too. That wont help on a TDIU claim.

 

 

 

 

 

 

 

Edited June 2, 2021 by Berta
added more.

[allansc2005]

Berta, this was not a BVA denial claim.

I'm trying right now to get the veteran to send me the 2009 denial letter, and once he does, I will redact it and post it here.

 

Also, in some ways this case is similar to the one you helped me win my CUE with, whereas the VA ignored my earliest denial letter, and awarded me only a few months retro, instead of what turned out to be 24 years of retro which equaled BIG $$.

 

Will keep you updated as soon as I can get the veteran to understand just how important this case is, as well as the need to get this out for you guys to look at and give me pointers on.

Also let me commend you, bronco, pacman.., et al for your input concerning TDIU and how it applies to SMC's.

 

This veteran was awarded SMC-S-2 without being 100% Scheduler, so you guys set the record straight on that.

Thanks, and hope to be back with the veteran's redacted denial letter from 2009.

Allan 2-2-0 HOOAH!

 

 

 

 

 

 

[allansc2005]

The original claim was filed in 2009, denied in March of 2010.

[Buck52]

Question

 TDIU Vets only get retro when they filed the IU Claim form. WHEN THEY WIN THEIR IU CLAIM.

 NOW IT MAYBE DIFFERENT FOR VETERAN THAT GETS SERVICE CONNECTED  AND DENIED AND SENDS THE NOD IN ASK FOR INCREASE.

MY CASE THE DRO filed or had my DAV NATIONAL VSO file it (I.U,)at my hearing.

but say for the 50% I got that on a reopen claim in 1999, and had forgot about it   they awarded the 50% to me April 1st 2000 and payments started the next month May,   on the 50%...I first filed APRIL 4TH 1998...WAS DENIED   AND GOT THE 50% IN 2000  NO RETRO, WHAT IS WEIRD THEY SAY ON  A RATING SHEET  COPLE OF THEM  THAT MY EED FOR THE 50% GOES BACK TO APRIL 4TH 1998....BUT I NEVER RECIEVED ANY RETRO  WHEN I GOT THE 50%  THE CHECK CAME THE NEXT MONTH in May 2000...and forward...

looks like I could get some retro out of that... I can see why I won't get retro on the IU  IT WAS AWARDED AT MY DRO HEARING ON May 7th 2003   they back dated the EED TO DEC 10TH 2002  THE DATE THE DR OPINE MY INCREASE   MY DIDABILITY WORSEN   30% PLUS 10%TINNITUS   FROM  MY 50%  =90%   AND WAS GIVEN TDIU P&T  NO EXAMS SCHEDULED   AND DISABILITY IS NOT EXPECTED TO IMPORIVE IN MY LIFE TIME.

My C-file is so screwed up  I may just request them to check ALL my EED  FROM THE TIME i FIRST FILED  TO WHEN i WON IN 2002. ON  the 50% the I.U. BECAUSE I HAVE DIFFERENT DATES  ON  SOME OF THEM  WHICH ONE IS CORRECT?  I BEEN TOLD THAT IF ITS A TYPO ERRO   THE VA CAN FIX THAT AND USE THE EEDTHEY WANT TO USE  WHICH WOULD BE LESS $$ IF ANY?  OR THEY MAY JUST SAY MY EED  IS THE DATE i WAS AWARDED THE 50%  AND THE I.U.

i AM ALMOST AFRAID TO JUST SAY HERE  CHECK MY RECORDS AND CHECK FOR ANY POSSIBLE EED Dates  from the time I first filed April 4TH 1998 until the time I got the TDIU P&T..?Dec 10 2002