ptsd How Should I Handle This

[knobloch_270]

I file a claim in March of 2005 for a increse for PTSD. I received a up grade to 30% effective April 2006. Right away I contacted my American Leigon Rep and he told me that on my intial claim form that the March 2005 date was crossed out and the April 2006 date was entered and that I would have to live with that date. So,I went to the Vet rep at the Cambria County courthouse wher I filed my claim in March of 2005 and she had my orginial claim with the March 2005 date on it. So,I said that my claim should be effective from the 2005 date and after her conversation with my American Leigon rep,which she said the same thing as him--sorry about the year that you lost on. I can't blame the V.A on this. I am cosidering makeing a appeal on this decision.

How do you all suggest that I handle this? Thanks in advance for you suggestions.

[Berta]

Send them a Notice of Disagreement and attach and refer to in the NOD- a copy of the actual claim with the earliest effective date.

I would get that copy from the courthouse Rep and not the AL.

Then again -the medical evidence as of the 2005 date has to warrant 30 %.

Is there anything in the decision that says VA chose April 2006 due to medical information related to that date?

WHat I mean is say a vet files for upgrade from 30 to 50% on Jan 1, 2004.

VA awards Dec 2006 but gives Jan 1, 2005 as EED.

VA states the medical evidence of record did not warrant increase in rating from Jan 1 2004 to Jan 1, 2005 however in Feb 2005 the vet was hospitalized and the medical discharge from the VAMC shows the disability has increased in level of disabling affect as of Feb 2005 to 50 %.

Sometimes the VA is right on these EEDS.

Still they can be challenged.

[knobloch_270]

Send them a Notice of Disagreement and attach and refer to in the NOD- a copy of the actual claim with the earliest effective date.

I would get that copy from the courthouse Rep and not the AL.

Then again -the medical evidence as of the 2005 date has to warrant 30 %.

Is there anything in the decision that says VA chose April 2006 due to medical information related to that date?

WHat I mean is say a vet files for upgrade from 30 to 50% on Jan 1, 2004.

VA awards Dec 2006 but gives Jan 1, 2005 as EED.

VA states the medical evidence of record did not warrant increase in rating from Jan 1 2004 to Jan 1, 2005 however in Feb 2005 the vet was hospitalized and the medical discharge from the VAMC shows the disability has increased in level of disabling affect as of Feb 2005 to 50 %.

Sometimes the VA is right on these EEDS.

Still they can be challenged.

The VA based their decision on the April 2006 date as the date that they received my claim

[LarryJ]

"The VA based their decision on the April 2006 date as the date that they received my claim "

When DID they receive your claim?

Who sent the claim in to the VA?

As Berta said, get that claim from the VA rep at the courthouse, NOW, before the collusion gets even thicker.

You are being set up. You know that don't you?

File the NOD on Tuesday.

Don't take anything to the VA rep or the American Legion rep that you have been dealing with.

Appoint you a NEW POA..........VVA or someone else.

Take your NOD directly to the VA Regional Office, and get a receipt.

Include in you NOD all the facts as you have just rendered to us.

Watch em squirm.

Get video, I'd love to watch it with you. Popcorn.........make mine with lots of REAL butter. I get the large Pepsi's.

[Berta]

"The VA based their decision on the April 2006 date as the date that they received my claim "

If the actual claim date is visible looks to me like the AL rep had your claim, said he would send it in, and then waited until April 2006 to do that.

If this is the case-I again suggest to get copy of the claim- even if the date appears altered- send copy with your NOD and tell VA the EED is wrong and why and then send an additional copy of the original claim with a brief explanation of why you did not get the proper EED, to:

National Commander

Paul A. Morin

National Commander

The American Legion

National Headquarters Indianapolis Office

700 North Pennsylvania St.

P.O. Box 1055

Indianapolis, IN 46206

Telephone: 317/630-1200, Fax: 317/630-1223

or email him at :

NatlCmdr@legion.org but I bet a fax or snailmail will get a result faster

[Philip Rogers]

I file a claim in March of 2005 for a increse for PTSD. I received a up grade to 30% effective April 2006. Right away I contacted my American Leigon Rep and he told me that on my intial claim form that the March 2005 date was crossed out and the April 2006 date was entered and that I would have to live with that date. So,I went to the Vet rep at the Cambria County courthouse wher I filed my claim in March of 2005 and she had my orginial claim with the March 2005 date on it. So,I said that my claim should be effective from the 2005 date and after her conversation with my American Leigon rep,which she said the same thing as him--sorry about the year that you lost on. I can't blame the V.A on this. I am cosidering makeing a appeal on this decision.

How do you all suggest that I handle this? Thanks in advance for you suggestions.

This is sounding like although you filed the claim, w/the Vet Rep, in 3/05, the Vet Rep didn't file your claim until 4/06 and you're being screwed. You need to see the original copy of the claim that the VA has in your c-file. It will be date stamped the date it was received. My feeling is the Vet Rep filed it a year later. Hope I'm wrong.

pr

[Berta]

forgot- did the VA send you a formal acknowledgement of the claim when they received it in 2005?

Did they take any action like order a C & P prior to April of 2006?

I assume you have no proof of postage because the AL said they would send it in?

I also suggest that you request a copy of your c file from the VARO- it might take a few weeks to get-

unless you live close enough to call them and make appointment to see it yourself as there might well be proof in your c file of when the VA actually got your claim.

"Right away I contacted my American Leigon Rep and he told me that on my intial claim form that the March 2005 date was crossed out and the April 2006 date was entered and that I would have to live with that date"

I dont buy what he is selling.

The VA NEVER alters anything like this. The VA believe me, never alters VA med recs or

the initial claim or any evidence that a vet sends them. (they might lose stuff, they do not alter dates or anything else)

Someone else did.