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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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

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    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

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pascoz28

Confused On Retro Pay

Question

Hello! I've gotta say that I'm really glad I found this site!! SO much useful information...WOW!

That said, I've just spent a few hours (literally) searching/reading through threads concerning retroactive VA Disability Compensation and am now thoroughly confused.

I was denied the PTSD portion of my claim in Feb 2008 (filed August 07) due to the common "stressor" element. They couldn't corroborate my stressor event(s). Anyhow, I got a buddy letter and now with the rules change I re-opened my claim because it seems like there should be no problem getting a SC rating (I know, I know...we'll see...hahaha). Since the VA already acknowledged in the denial letter that I had been diagnosed (by the VA doc) with PTSD with Depression and the 'nexus' was established, if I DO get the rating will the compensation be retroactive to the original claim? It wasn't my fault that the rules changed (as a matter of fact, it's exactly my situation that this rule addresses).

I wasn't registered and hadn't seen any VA docs for treatment of my PTSD prior to my claim...mostly because I didn't really think I had it. Since I was diagnosed, I've been seeing the VA Nurse Practitioner (NP) and the VA Social Worker monthly (for the most part) and have been taking two meds for the past two years...one for nightmares/sweats and one for the anger management. My NP says that on the scale that they use, I'm a 49 and that anything under a 50 is usually eligible for compensation. Does this make sense?

Thanks in advance!!

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If you did not appeal the last denial and "re-opened" the claim with new evidence- the date of retro will go back to the date you reoopened.

I am sure you read the Buddy statement info here. The buddy has to have same unit and usually MOS and same time frame to put them at the stressor as a witness.

The new PTSD regs might help you and they are in the PTSD forum.

A vet can always ask JSRRC to verify their stressor too.

Did the VA make any attempt to have JSRRC do that?

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My NP says that on the scale that they use, I'm a 49 and that anything under a 50 is usually eligible for compensation.

pascoz,

Welcome to Hadit.

I believe in the above your NP was more likely than not

referring to the score on a GAF scale.

I would not put any consideration into this as there are several factors

figured into what percentage of comp. VA will grant.

Also, here's a link to the 38 CFR reg for effective dates.

http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr3.400.htm

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Thanks for the replies! Concerning the retro, that's pretty much what I had gathered but found some conflicting info so I'm glad I asked.

I have NO idea at all if the VA asked JSRRC to verify anything...how would I know if they did?

It's too bad about the retro, though...you'd think that if new evidence was obtained to further substantiate a claim that was initially denied, it would be retro'd to the original claim date. Oh, well...that's the way it is I guess.

So with the new regulations, has anyone heard how long claims are taking now? Do re-opened claims usually go quicker or the same?

Thanks again!!

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If I understand your post you let the claim drop, then refiled. If you refiled then you get nothing in back pay. I have a little trouble understanding your post, but as it stands it is a new claim.

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