Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story.
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   


  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0




  • Lead Moderator

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.  


Link to comment
Share on other sites

3 answers to this question

Recommended Posts

  • 0
  • Moderator

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 by broncovet (see edit history)
Link to comment
Share on other sites

  • 0
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.


  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Create New...

Important Information

{terms] and Guidelines