ptsd I got my claim finished and was wondering about my backpay.

[kent101]

I was SC non-combat PTSD.

Edited February 2, 2017 by kent101

[kent101]

Also, I'm able to work right now.

Edited January 18, 2017 by kent101

[broncovet]

You need to file a NOD on the RO decision which awarded 70%, disputing the effecitive date if its been within a year.   File it on a formal NOD form, and ask for a DRO review or hearing if you like hearings.  

Do you have new evidence?  Did you get a copy of your cfile, and do you know what evidence they used to award a 2016 date when you applied in 2002.  

Yes, it sounds like they hornswaggled you on the effective date..its typical for VA to do that.  

You can get your student loans forgiven BUT only if you get 100% P and T.  

As far as your job goes, I recommend you stay working as long as possible.  Only when/if you can no longer work, should you apply for TDIU.  To get IU you are gonna need to be not working and you ar e gonna need a doctor statment that the reason you can not work is due to SC PTSD.  

With the kind of retro you are discussing (14 years), its probably a good idea to consider a lawyer.  You are talking a six figure retro award, and, the VA will likely fight you on this.  

[kent101]

On 1/17/2017 at 7:39 PM, broncovet said:

You need to file a NOD on the RO decision which awarded 70%, disputing the effecitive date if its been within a year.   File it on a formal NOD form, and ask for a DRO review or hearing if you like hearings.  

Do you have new evidence?  Did you get a copy of your cfile, and do you know what evidence they used to award a 2016 date when you applied in 2002.  

Yes, it sounds like they hornswaggled you on the effective date..its typical for VA to do that.  

You can get your student loans forgiven BUT only if you get 100% P and T.  

As far as your job goes, I recommend you stay working as long as possible.  Only when/if you can no longer work, should you apply for TDIU.  To get IU you are gonna need to be not working and you ar e gonna need a doctor statment that the reason you can not work is due to SC PTSD.  

With the kind of retro you are discussing (14 years), its probably a good idea to consider a lawyer.  You are talking a six figure retro award, and, the VA will likely fight you on this.  

Thanks.

Edited February 2, 2017 by kent101

[broncovet]

That depends.  Read 38 CFR 3.156 to find out.  It depends on a)  whether the new evidence is new SERVICE records (3.156 C) or if the claim was "pending" when you submitted new evidence.  If the claim was not pending (within the 12 month appeal period OR in some stage of appeals, after your timely nod), and it was NOT new "service" records, then you are correct, they go back to when the evidence was submitted.  

However, if the claim was "pending" (3.156 B), then it goes back to the beginnig of when you first applied.  

I do not know if 3.156 B or 3.156 C applies to you or not.  

[broncovet]

A word of caution:

Tatoo this on your arm, if necessary:

"You can not always trust what VA employees (or VSO's) tell you."  

This is especially true if they can convince you not to appeal to save them work, and money.  

Ronald Regan said it better.  The most dangerous sentence is: "Im with the government and here to help you."  

[Berta]

Was the 2002 claim denied or rated too low but you didn't appeal in time?

If so can you scan and attach here their reasons and bases for the denial and their evidence list?

Cover C file # prior to scanning it.