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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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Hey there, crowell

I would not get my heart set on getting all this money if I were you, it may come but there is a lot of stuff to do before it is even possible. You may not even get 100% even if you do get an award, and it may take years.

Not trying to be a downer but I would hate for you to be disappointed.

Do you have your service medical records? Do they show any Mental Health treatment in service? If they do your going to have a much easier time getting compensation from the VA. If not, you need extensive records and a VA doctor to diagnose and show treatment for your PTSD. You will probably be unable to get service connection for schizophrenia unless your service medical records show it developing while in service. So you need to do some research on the PTSD claim filing. There is plenty of info here on hadit about it.

Also, PTSD is not like an agent orange claim where the retro goes back to the first claim date automatically. You would most likely just need to establish service connection now and wait for an award, and then apply for an earlier effective date back to 1990. But they won't just automatically go back to april 1990 until they have established your rating or service connection.

Having schizophrenia may also hurt a claim for PTSD, they may trying to pin any PTSD symptoms on the schizophrenia, so I would start getting all your treatment records together and make sure you are being treated at a VA medical facility for these conditions to create records if you don;t already have them.

you are right have not work from Jan 1990 been marry from Sept from 1979 to my wife who is the bread winner from April 1990 I will get $673,280.00 dollars been on SSDI from 1994

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as most have said here if the va owe there going to take you and run you around to the end.

but if you have proof of a claim va missed you can win. i did a cue of my intail rating from services. gets to bva stated that my claim has been in appeal status

say my appeal has been pending since 1993 even open and informal iu claim from 1993 i thought wow great. i was granted both issues 2001 so should now be effective 1993 alot of retro.

i been 2yrs since bva has made the decision and the informal iu claim was remaned been at amc for 2 yrs and bva or amc will not answer why both are not effective 1993 now.

now part is at the court and part is at amc and part now is going back to bva. and i just did a cue of a 1993 decision soon as it was found that it has been pending from 1993 all this started.

so i say all this. to show even when va mess up with a claim and they owe they will run you around and hope you miss a deadline to end your claim.

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  • HadIt.com Elder

Yes, a fight for your life you will have. I have been there.

I believe you posted you were acting strange in service.

Is this in your Military Medical Records and were you on meds

for a mental conditon in service?

If so, do you have these records.

You filed for a mental condition in 1990? What mental conditon did you file for?

I know I filed for nervousness, but re-opened the earlier claim under anxiety.

In the end, the words came out to mean the same by the BVA Judge.

I sent all of my post medical records and military records to a Forsenic Psychiatrist

for his review, but did go to see him after he studied them for about 3 weeks.

I was treated for a nervous conditon, or personality disorder in service with Librium and discharged for what they called

a "Personality Disorder".

This Psychiatrist was able to review all my medical records, which I had for 40 years and

was able to state what the military called a "Personality Disorder", was in fact the beginning of my Anxiety.

I was awarded 100% for "Chronic Anxiety P&T in 2008 and 100% in 2005, but was awarded by the BVA Judge

retro to 1992.

I sure hope this helps you some.

This was an extremely hard claim to receive and was only accomplished with all the help of each and every member of Hadit.

Always,

Josephine

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  • HadIt.com Elder

...

... 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?

???? ... Did you ever receive a "letter of denial" for the PTSD after the 1990 incident?

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