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Confused On Retro Pay

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pascoz28

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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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In 38 CFR 3.156 Section C it says if the VA did not use the eveidence that was in my SVR file and denied the claim then I should be able to get retro back to August 1970 when they initally denied the claim. I sent off for my military medical records and bingo, there was 36 pages about my hospitalization that they said they had no record of my being in the Navy Hospital. I have filed a NOD and furnished the 36 pages as evidence to substantiate my claim. Wish me luck.

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