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]

pacmanx1, the veteran is already 70% scheduler for PTSD and IU.

We're not asking for a higher evaluation.

We are aware that the examiner will follow the DBQ guidelines, and the veteran is well aware of the questions he will be asked.

[pacmanx1]

2 minutes ago, allansc2005 said:

pacmanx1, the veteran is already 70% scheduler for PTSD and IU.

We're not asking for a higher evaluation.

We are aware that the examiner will follow the DBQ guidelines, and the veteran is well aware of the questions he will be asked.

I understand that but the reason I posted be forewarned is that the VA may ask the medical examiner to update the veteran's disability and not evaluate/opinion the veteran's onset date or EED. Just be aware the veteran may get a letter stating that his benefits are to continue and say absolutely nothing about his request for an EED.

[allansc2005]

pacmanx1, got ya.

Thanks.

 

Allan 2-2-0 HOOAH!

[Berta]

This was not what I expected. 

The March 29,2010 letter refers to a past letter dated August  2009 requesting more details on his stressor. They said the stressor info did not meet the minimal requirements for JSRRC to verify it.

They gave him a chance to  pinpoint the approximate date of the stressor ( usually they want a 2 or 3  month period to verify , if the veteran is not sure of the exact date.

Did he ever respond to them with what they requested in 2009 or 2010?

Or did he respond with those details when he re -opened his PTSD claim that was awarded?

I think the March 2010 denial was correct and I feel bad that I knocked down the AL post vets because they probably gave him the correct info.

I assume when he re opened his claim, that is when the VA got the details they needed, to verify his stressor.

His C file would reveal when the VA received enough details to verify the stressor.

Is it possible he did send them more detailed verification info in response to their 2010 letter  but they ignored it?

He would need proof that he sent it in response, such as a priority tracking slip or Proof of mailing slip from the PO. And it would be in his C file.

 

[Berta]

Just to add- this has happened to Many Vietnam veterans I know and many who have been hereover the past 2 decades.

The Armed Services Network and Radio Free Europe  was available to our service members where ever they were stationed .

Sometimes a popular song they played along with news of the USA would ring a bell with them that could pinpoint a date better when they described their stressor.

Hanoi Hannah actually helped too- She would lie all the time but played popular US music and mentioned what was going on in the "world" meaning Vietnam incountry talk for USA.

Also the season would help narrow it down- like if it happened prior to or after the monsoons, and of course, if they wrote home about the stressors, many family members saved those letters and even the post marked envelopes.

The internet has made it far easier these days, whereby vets can often find buddys on the net who were in their unit, who can verify a stressor, and the Wall tracings helped many as well.

I am more familiar with helping Vietnam vets detail a stressor,  but it is a shame that this veteran might not have tried  until 2020, to prove the date of his stressor., with enough info for VA to contact JSRRC.

That was the reason VA denied the claim in 2010, and I feel their decision at that time was correct.

The award letter would reveal what triggered the VA to award the claim.

 

 

 

Edited June 3, 2021 by Berta

[allansc2005]

Berta,

The veteran made all attempts possible to locate the stressor back in 2010, though I'm not sure if he kept the VA informed of his attempts or not.

On the other hand, it appears the VA didn't do a very good job to assist the veteran as well.

In any case, it's my assumption that the VA is obligated to retro the case back to the original date the veteran was denied SC, which is 2009?

The medical evidence we submitted under Supplementary(formerly NOD), clearly shows that the stressor occurred back in 1978; we asked for an earlier date for retro based on these medical opinions "more likely than not.."

What's got us puzzled is the fact that right after we submitted the above mentioned Supplemental, the VA has scheduled the veteran for yet another C&P exam, keeping in mind we didn't ask for a rate increase as the veteran is now TDIU and PTSD is 70% Scheduler.

Sound like a Fenderson case to you?

Questions, thoughts..?

Allan 2-2-0 HOOAH!