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Help With Assault Claim


maine1963

Question

I have a friend (Female) that has just been approved a 20% rating for MST/PTSD (Due to an assault while in the military). They paid her retroactive back to the date of actual claim. I thought that she should have been paid back to the date of the assault. She is so traumatized by the assault that she is almost REFUSING to go back to her representives (DAV) and ask for an appeal for an increase in rating. She just doesn't want to continue to re-live that day in particular!

Any help would be greatly appreciated.

Greg

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Effective dates.

If they file within the first year of separation then they use the separation date. If after a year it is the date claim is filed or date entitlement arose with a whole host of paragraphs that breaks it down into categories that all lead back to the date the claim was filed.

J

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I have a friend (Female) that has just been approved a 20% rating for MST/PTSD (Due to an assault while in the military). They paid her retroactive back to the date of actual claim. I thought that she should have been paid back to the date of the assault. She is so traumatized by the assault that she is almost REFUSING to go back to her representives (DAV) and ask for an appeal for an increase in rating. She just doesn't want to continue to re-live that day in particular!

Any help would be greatly appreciated.

Greg

maine,

Something isn't right.

First off - Mental Health does NOT provide compensation at the 20% evaluation level.

Second thing - No - the retro DOES NOT go back to the date of the assault -

the retro pays back to the date of the claim, unless the claim was filed within one year of

separation, then they can retro back to the day following discharge.

She has no further reason to discuss the assault with a service organization representative.

If she wants to NOD the percentage - that needs to be done officially, within one year of the date

of the rating decision.

From here on out since the PTSD is now SC'd - the percentage evaluation is dependent on

the effect it has on her daily life, most importantly being Occupational and Social Functioning.

If she does not go to a Vet Center - suggest it to her.

www.vetcenter.va.gov

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There is no rating for MST/PTSD of 20%. Only way to get back pay would be to separation if granted for claim filed within one year.

It appears that your friend is misinformed or is not telling you the truth.

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