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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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Question

I was treated and diagnosed w/ PTSD from the VA doctors for a little over 20 years (documented). The VA denied my claim for PTSD in 1998 under the old law because not related to combat and could not verify stressor. DAV re-opened claim under new law and recently had PTSD re-evaluation. Doctor annotated that PTSD was related to military service: GAF = 70 and 309.81. Can anyone explain what this means? is this new law retroactive? meaning I was diagnoses over 20 years ago and if granted SC will VA make it retroactive? Thanks

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I was treated and diagnosed w/ PTSD from the VA doctors for a little over 20 years (documented). The VA denied my claim for PTSD in 1998 under the old law because not related to combat and could not verify stressor. DAV re-opened claim under new law and recently had PTSD re-evaluation. Doctor annotated that PTSD was related to military service: GAF = 70 and 309.81. Can anyone explain what this means? is this new law retroactive? meaning I was diagnoses over 20 years ago and if granted SC will VA make it retroactive? Thanks

If SC is granted - the effective date will not be retro-active back to the 1998 denial.

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Carlie is correct and to add-

the new PTSD regulations (in our PTSD forum) apply to veterans who were in close proximity to hostile activity as explained in the regulation.

All other veterans claiming PTSD that have stressors that do not fall into that criteria still must have a verifiable stressor.

The new criteria was developed with OIF OEF vets in mind whose DD214s and Unit history in the war could help put them into the 'hostile activity' proximity.

Although the doctor related your stressor to military service, I am sure you will be asked by VA for supporting evidence that the stressor occurred.

Be as accurate as possible as to date, and place of the stressor and give them as many details as possible.They will check it via JSRRC.

You can ask JSRRC to verify it yourself and there is contact info ere for JSCCR under a hadit search.

If ahnyone witnre4ssed the stressor try to find them to prepare a Buddy letter.

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I hope San Man does not mind me butting into his post, but it is somewhat related. When, I got back from Vietnam, and back into civilian life, I went to the American Legion and filed a claim for Emotional and shaking. Of course it was denied as there were nothing in my medical records. But, I had no C&P. Just told to live my life the best that I could, and I did. The problem was that if you told your doctor that you were having emotional (and I did) issues, all they would tell you is get over it. Tell them about the shaking, stop drinking coffee. My service time was 68-72. Most doctors only knew two treatments, aspirin and mallox. SanMan good luck on your claim, wish you well.

Papa

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Thank you all for your feedback. I really appreciate it! The VA recently rated my PTSD 30 percent Service Connected. They only went back to 2009 like some of you indicated and I believe this is when the new PTSD regulation was signed by President Obama. The information was exactly the same from 1998, nothing changed except for the C&P exam. Does anyone think that I have a chance at getting retro dating back to 1998? My record has been clearly documented by VA doctors for over twenty years that I have PTSD.

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I think there could be a chance you could win, but you would probably need to file a CUE and may need an atty to win. If it were me, I would pursue it. Not sure of your original claim date but 1998 to present is only about 13 yrs. jmo

pr

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