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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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  • 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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semper fi

How Far Back Does Back Pay Go For Ptsd

Question

i recently recieved a rating of 50% for ptsd. i had filed for this claim two times before and got denied. the third time i filed, the va accepted it and gave me my rating. they back payed me only to the last time i filed. my question is should they had not payed me to the first time i filed? if there is anyone out there that can help me, let me know. i am going to appeal this because the stressors are the same stressors as i have always indicated in my claims. from the date of the first claim to the last claim, when they finally gave me my rating, is approxaimately 11 years. if anyone can also give me info on the proper way to write the appeal letter, would be helpful too. thanks to all that read this and send information. thanks all of you for serving. god bless and semper fi.

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4 answers to this question

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Did the VA use the same evidence.once a claim is final and you re open with New and Material Evidence and get awarded your effective date is the date the claim is filed or the date entitlement arose whichever is later.

You can ask for an earlier effective date or wait till the claim is final and file a cue claim if you have a CUE.

J

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After you filed the first time did your decision become final?

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Did you continually prosecute your claim for all 11 years ?

If not and a denial ever became final and you re-opened with

N&M evidence then that would change you to a later effective date.

The only way to an earlier effective date is by way of 3.156 or 3.157

or winning a claim of CUE.

There should be a narrative in your Rating Decision in the Reasons and Bases Section

that addresses the effective date.

38 CFR link for effective dates:

3.400

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

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Thanks for all the info, I did look at all my paperwork and I only filed time before I got approved. It was June of 1999 and they said it was not service connected and on the last time I put in, they sent me to a psychatrist and I got approved for service connected. I don't know for sure if the first time ever became final but I'm sure it did. I was just curious, again thanks for the info.

Semper fi

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