My claim for PTSD was somehow at rating board last week and is now "at authorizations." What is "authorizations." I asked the guy at the 1-800# and he said it meant claim was being reviewed for accuracy of the decision and would be signed.

Is that the same thing as Post decision team or something. I am confused because I have never even been notified that they were working the claim, let alone had a C&P for that particular claim.

Can a claim be decided in favor of the vet without sending out a VCAA notice or some sort of notice that the claim is being worked?

Was sure if this was correct forum to ask question. TBird...please change if not.

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http://www.warms.vba.va.gov/M21_1MR.html

SubptV - General Authorization Issues and Claimant Notifications

Chapter 2 - Award and Denial Authorization and Notification
Table of Contents Last Updated 11/13/08
Section A - Award and Denial Authorization, Last Updated 11/13/08
Section B - Award and Denial Notification, Last Updated 5/11/06

Doesn't sound to me like your PTSD
claim has been addressed.
carlie


See if this helps any.

http://www.warms.vba.va.gov/M21_1MR.html

SubptV - General Authorization Issues and Claimant Notifications

Chapter 2 - Award and Denial Authorization and Notification

Thank you both, information has been extremely helpful. You both must have been typing at the same time (LOL).

Carlie, I was thinking the same thing until the voice at the 1-800# indicated that the claim date was 06/12/2008, which is the PTSD claim only. The other claim is on appeal and still pending a final outcome. According to something else I read that was posted on this site a while back, it is possible for a claim to be awarded and the RSVR not send out any notification (provided it is an approval of the claim or a "valid" claim)> If the VSR, based on a "quick" review doesn't find the claim to be credible, it can be denied and claimant notified without ever having sent out acknowledgement of receipt of that claim. I did not that but apparently it is possible. We'll just see what happens. I had several conditions claimed as secondary to the AS. Now that it has been service connected, I just have to wait out the rest of my claim (appeal) being adjudicated. I was told that I would not be paid until that happens anyway.

So, in reading the information as advised by the both of you, I found this BVA claim under no VCAA and in it reads "The VCAA notice must be provided to a claimant before the initial unfavorable adjudication by the RO."

So, if I am reading that correctly, it is possible for the info to be contained in C-File without RO/RSVR needing additional info to rate the claim, as long as it is not unfavorable to the claimant.

Am I reading/comprehending that wrong? I have tried to reach NSO but to no avail. Finally had send a letter inquiring about the claim. Letter sent this Tuesday. Maybe I should just wait and see what he/she has to say.

I would be suspiciously optimistic. It would seem, that the VA would have sent something - that said they had received your claim for PTSD. But to answer your question, YES, the VA can rate the claim if all the evidence of record is favorable for an immediate award of benefits. ~Wings

Sounds like it needs another stamp of approval, hopefully the last one!!
I like the term: suspiciously optimistic (someone else used). Excellent way to look at it. Reminds me of President Reagen "trust but verify".

If your claim is not Benefit Delivery at Discharge (BDD), you have to have a C&P exam before they can rate PTSD. Have you applied to have a dependent added to your claim? If so, that is done in authorization. Just asking!

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Read this entire regulation. ~Wings


38 CFR 3.157 Report of examination or hospitalization as claim for increase or to reopen.

(a) General. Effective date of pension or compensation benefits, if otherwise in order, will be the date of receipt of a claim or the date when entitlement arose, whichever is the later. A report of examination or hospitalization which meets the requirements of this section will be accepted as an informal claim for benefits under an existing law or for benefits under a liberalizing law or Department of Veterans Affairs issue, if the report relates to a disability which may establish entitlement. Acceptance of a report of examination or treatment as a claim for increase or to reopen is subject to the requirements of §3.114 with respect to action on Department of Veterans Affairs initiative or at the request of the claimant and the payment of retroactive benefits from the date of the report or for a period of 1 year prior to the date of receipt of the report. (Authority: 38 U.S.C. 5110(a))

(b) Claim. Once a formal claim for pension or compensation has been allowed or a formal claim for compensation disallowed for the reason that the service-connected disability is not compensable in degree, receipt of one of the following will be accepted as an informal claim for increased benefits or an informal claim to reopen. In addition, receipt of one of the following will be accepted as an informal claim in the case of a retired member of a uniformed service whose formal claim for pension or compensation has been disallowed because of receipt of retirement pay. The evidence listed will also be accepted as an informal claim for pension previously denied for the reason the disability was not permanently and totally disabling.

(1) Report of examination or hospitalization by Department of Veterans Affairs or uniformed services. The date of outpatient or hospital examination or date of admission to a VA or uniformed services hospital will be accepted as the date of receipt of a claim. The date of a uniformed service examination which is the basis for granting severance pay to a former member of the Armed Forces on the temporary disability retired list will be accepted as the date of receipt of claim. The date of admission to a non-VA hospital where a veteran was maintained at VA expense will be accepted as the date of receipt of a claim, if VA maintenance was previously authorized; but if VA maintenance was authorized subsequent to admission, the date VA received notice of admission will be accepted. The provisions of this paragraph apply only when such reports relate to examination or treatment of a disability for which service-connection has previously been established or when a claim specifying the benefit sought is received within one year from the date of such examination, treatment or hospital admission. (Authority: 38 U.S.C. 501(a))

(2) Evidence from a private physician or layman. The date of receipt of such evidence will be accepted when the evidence furnished by or in behalf of the claimant is within the competence of the physician or lay person and shows the reasonable probability of entitlement to benefits.

(3) State and other institutions. When submitted by or on behalf of the veteran and entitlement is shown, date of receipt by the Department of Veterans Affairs of examination reports, clinical records, and transcripts of records will be accepted as the date of receipt of a claim if received from State, county, municipal, recognized private institutions, or other Government hospitals (except those described in paragraph (b)(1) of this section). These records must be authenticated by an appropriate official of the institution. Benefits will be granted if the records are adequate for rating purposes; otherwise findings will be verified by official examination. Reports received from private institutions not listed by the American Hospital Association must be certified by the Chief Medical Officer of the Department of Veterans Affairs or physician designee.


[26 FR 1571, Feb. 24, 1961, as amended at 27 FR 4421, May 9, 1962; 31 FR 12055, Sept. 15, 1966; 40 FR 56434, Dec. 3, 1975; 52 FR 27340, July 21, 1987; 60 FR 27409, May 24, 1995]