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Will The Va Pay Back Pay If It Is Over Twenty Years Of Back Pay

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crowell98335

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I Was in the US Army from June 1979 to April 1989 got to the rank of Sgt(P) when i was hit with a AR 15 and depromonted to SP4/E-4 then was told I have some thing was worng with me i was acting diffent (Ten years later i will fine out it was schizophrenic/PTSD was with me) my MOS was 96b10(that is Milltary Intelligence Anallyst to you who dont know it) at the time of my ETS i have three gcm, two arcom in told i could wear a three row of three I was with the 2nd Bn of the 502nd Inf AASLT of the101ST ABN AASLT most of my time in. I had a TS SBIG with a SCI clearance and the last nine months of my time in I was on KP they didnt know what to do with me.

Now you know about me here is my question is if i do get the holly thing of iu at 100%( I am at 30% for my ankles) will the VA back date the pay ie reto the 100% to Feb 09, 1990 when I first put in my claim in and been having a open claim from then on that is over twenty years of back pay ie over $600,000.00 dolars if so that with them mis the pay they all ready gave me inclued? And will I need a payee? If so can it be my wife who been with me from Sept 1979? If not why so? And if they pay for dep will they ie VA pay for my wife even if she is the main bread winner now and my four dau I have also even if they are now over twenty years old?

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Not knowing all the particulars to your situation,

In order for you to get 20 years back pay; you must have had a diagnosis of schizophrenic/PTSD 20 years ago and you filed a claim for it and it was never rated or VA made an error in their decision. Keep in mind that you will now have to have a current diagnosis, an in-service diagnosis or a diagnosis within one year of your separation and a nexus statement (medical opinion) that these conditions are related or are the same. It is most likely that VA will only back pay you to when you filed your most recent claim for schizophrenic/PTSD/TDIU. It is possible but not likely that you have had an open claim for 20 years. Thank you for serving our country.

P. S. This means absolutely nothing to the VA for your service connection, they do not care. "at the time of my ETS i have three gcm, two arcom in told i could wear a three row of three I was with the 2nd Bn of the 502nd Inf AASLT of the101ST ABN AASLT most of my time in. I had a TS SBIG with a SCI clearance and the last nine months of my time in I was on KP they didnt know what to do with me".

Edited by pete992
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  • HadIt.com Elder

If you filed a claim that was never decided in 1990 that should be your effective date.

That is an odd one. You need to find the regs that were in effect in 1990 as the VA rates claims that old according to the regs in effect at the time.

At 100 percent the VA pays for the spouse and children provided the kids.

Also an interesting factor is the 20 year protection rule. If you are awarded a claim that old it should alrelady be in protected status meaning the SC cannot be severed except in the event of fraud.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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I agree that, based on what you posted, you have an "open" claim, and, if awarded, you can file an EED for retro back to 1990.

However, grab your popcorn for "Rocky VII" because you are in for the fight of your life. Start training at the gym now, because its likely gonna take ten years. Expect the VA to delay this until you die. It is a virtual certainty this wont be approved by a rating specialist at the RO level. BVA is minimum, and I am really thinking it will take CAVC or above to get this effective date. The VA is famous for fighting these tooth and nail....they dont pass out 600,000 checks at parades to children who scramble for the goodies. Most Vets give up or pass away first. Dont be one of them.

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  • HadIt.com Elder

I'd have to see your actual claim and any awards/denials, since then, to even make an educated guess. The court ruled, a while back, that claims not mentioned, in a decision letter, are to be considered denied, even tho not mentioned, or something like that. Not sure if that would include your claim.

pr

I Was in the US Army from June 1979 to April 1989 got to the rank of Sgt(P) when i was hit with a AR 15 and depromonted to SP4/E-4 then was told I have some thing was worng with me i was acting diffent (Ten years later i will fine out it was schizophrenic/PTSD was with me) my MOS was 96b10(that is Milltary Intelligence Anallyst to you who dont know it) at the time of my ETS i have three gcm, two arcom in told i could wear a three row of three I was with the 2nd Bn of the 502nd Inf AASLT of the101ST ABN AASLT most of my time in. I had a TS SBIG with a SCI clearance and the last nine months of my time in I was on KP they didnt know what to do with me.

Now you know about me here is my question is if i do get the holly thing of iu at 100%( I am at 30% for my ankles) will the VA back date the pay ie reto the 100% to Feb 09, 1990 when I first put in my claim in and been having a open claim from then on that is over twenty years of back pay ie over $600,000.00 dolars if so that with them mis the pay they all ready gave me inclued? And will I need a payee? If so can it be my wife who been with me from Sept 1979? If not why so? And if they pay for dep will they ie VA pay for my wife even if she is the main bread winner now and my four dau I have also even if they are now over twenty years old?

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I see here an ankle claim was filed and awarded.

When did you formally file for schizophrenic/PTSD?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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