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!!

 

 

 

 

 

[pacmanx1]

35 minutes ago, allansc2005 said:

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

It boils all boils down to the evidence of record. Compare the rating decisions, what did the VA have in 2020 compared to 2009. It is possible but this is pure speculation because there is no real way of knowing without viewing the  rating decisions and the veteran's records.

[allansc2005]

pacmanx1,

 

The veteran has in hand the VA decision from 2009, denying SC for PTSD.

Paraphrasing, the rejection letter basically stated that the records showing the veteran had an PTSD event while on active duty, "could not be located"

 

The decision letter from 2020, AFFIRMED that the veteran had an PTSD event while on active duty, and granted him 70% SC.

 

Do we file a Supplemental Claim showing the veteran FIRST filed for PTSD in 2009?

Thanks,

Allan 2-2-0 HOOAH!

 

 

 

 

[pacmanx1]

43 minutes ago, allansc2005 said:

he veteran has in hand the VA decision from 2009, denying SC for PTSD.

Paraphrasing, the rejection letter basically stated that the records showing the veteran had an PTSD event while on active duty, "could not be located"

 

The decision letter from 2020, AFFIRMED that the veteran had an PTSD event while on active duty, and granted him 70% SC.

 

Do we file a Supplemental Claim showing the veteran FIRST filed for PTSD in 2009?

It is really his call; the problem is filing a Supplemental Claim will take about 120 days maybe shorter or longer and may result in a rubber stamp denial. Yes, he could get a grant for the EED, but he is asking the VA to retro 11 years back pay and the local VA normally denies these claims.

He could file an appeal to the BVA and from what I am told this could take several months to a year. I know dang, it should be a faster way when the evidence is already in the veteran's file but as of right now, I don't know of a faster way.

The VA is famous of saying that a veteran was just diagnosed with a disability at his/her medical exam even though the veteran may have a diagnosis in his/her medical records.

Edited May 15, 2021 by pacmanx1

[john999]

I remember in a CUE claim I made I was asking for a 30 year earlier effective date on my TDIU.  I think I could hear the VARO boys choking 30 miles away.  There was just no way in hell they were going to award me such an EED regardless of the evidence.  So it took another 7 years to finally get denied.

[broncovet]

As always, the general effective date rule is the "later" of the facts found, or claim date.  

Well, we dont know the facts found, because we dont know what date "the doctor" first diagnosed PTSD.  Sure, he may have been also diagnosed with PTSD in service, BUT, we dont know if his diagnosis in service "was at a compensable level".  

Its not enough to get a diagnosis of PTSD, (tho that is important), you have to demonstrate he had symptoms equating to 70 percent in service, and we dont know that.  

It would take a review of his medical records to deterimine if he deserves an EED.

However, he likely is.  I have not had VA get "ONE" of my effective dates correct, 100 percent of the time, they tried to hornswaggle me out of the effective date.  

Given the massive amount of retro potential, there is no doubt a lawyer should look at this. 

At a minimum, it sounds like he should get a Fenderson (staged) rating.  This may be a textbook example of Fenderson.

Example:  Lets speculate that he had PTSD in service, but it was "not" at a compensable level.  

A year later, in this example, he demonstrates additional symptoms equating with 30 percent.  

Another year later, the symptoms got worse and he should get 70 percent.  

The Fenderson staged rating would rate xx date 0 percent SC

xy date 30 percent and zx date 70 percent.  

[allansc2005]

Bronco, actually we do know the facts, and those facts are in his VA file, AND is what his PTSD approval is based on.

 

The digested version is this:

 

On 27 August, 1978, Sgt__ was attempting to rescue a PFC__ who's raft overturned on the Imjin River in South Korea. Sgt__ was unsuccessful, and PFC was presumed drown and never located.

 

(Redacted)

So, what I'm trying to get understood here is:

1. Is the veteran entitled back pay to the FIRST date he was denied the PTSD, which was February 2009, and..

2. What form needs to be filed that says the veteran disagrees with the effective date of the PTSD award?