PTSD

[ShrekTheTank]

So I got an email from the regional office for my appeal.  We are now at 1 year and 6 months in.  They sent to me for a video appointment, but did not even look to see that I had declined and only wanted to get a decision.

They said they removed the video appointment now and said they sent it to the Law judge for a decision(this is just for a EED).  I was told I could work with a VSO to do a pre-decision brief.  Does anyone have an idea of how long I have to do this?  Or do I even need too?  

This claim is the left over from Berry Law Firm as they won a higher PTSD rating but they moved up the date to 2021 and not 2013 when the claim was filed.  I think they already put in everything I needed as they submited it on my behalf.  

Thoughts?

[john999]

Good luck and be patient since that is all you can do anyway.  That is a lot of retro to give up. I hope you get it.

[broncovet]

This has been brought up before, but I would not recommend declining a c and p exam.  Its possible to reschedule it.  

Here is a likely senario when you would need a c and p exam to get your earlier effective date:

You go to a c and p exam, the doc gives a favorable nexus, but does NOT give a date "symptoms began".  Instead, your VARO uses the date of the c and p exam, since no date your symptoms first began was there.  

So, the VA will use the exam date, even if you had symptoms 5 years earlier.  

In a c and p exam, your doc CAN opine, "The VEteran first started showing signs of depression in 2005 at an exam on May, 14, 2005, when he reported being hauled to jail for a fight with his wife" ...for example.  

Yea, the evidence of ptsd was there, but VA wont connect the dots.  A doctor needs to state your PTSD begain in earlier, not you.  Unfortunately you are unlikely competent to diagnose your own PTSD, or decide if that event was a symptom of PTSD, or, perhaps a little too much alcohol.  

My advice is to call and reschedule the exam.  Ive posted the regulation where "Veterans fail to report for VA c and p exam".  38 cfr 3.655.  No I wont get into a debate with members about skipping exams.  Been there done that.  Just read the regulation for yourself.  

Skipping a c and p exam is an "easy denial".  Dont give them easy denials.  Make it easier to award.  Its tough to get an eed.  Call Berry law firm and ask them if you should skip the exam "because you think" the evidence is already there.  

There are 2 parts to effective dates:

1.  Date of claim

2 Facts found, or the date your doc says your symptoms began.  

    Its always the later of these 2.  https://www.law.cornell.edu/uscode/text/38/5110 

Read the first paragraph, its legalese for the later of the 2, above.  

If you cant establish medical evidence that your doc opines your PTSD symptoms began earlier, you will likely lose your effective date appeal.  

Source:  I have won 3 effective date appeals, 2 of them at the cavc with remands of a c and p exam to establish the evidence I needed, explained above. 

Edited November 30, 2022 by broncovet

[Mr cue]

23 hours ago, shrekthetank1 said:

This claim is the left over from Berry Law Firm as they won a higher PTSD rating but they moved up the date to 2021 and not 2013 when the claim was filed.  I think they already put in everything I needed as they submited it on my behalf

Sound like you have a lawyer on the case I wouldn't do anything.

It sound like your case is with the bva judge. You will have a decision soon.

You will prolong the decision by send anything else.