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New 3;159 Supports Ptsd


Guest anfrnkie

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Guest anfrnkie

hi guys i got a ssoc as i am 100% ptsd granted in 2003 i appeald earlier effective date to 52-55 navy in ssoc under 3;159 states c indicates that clamed disabilty or symptoms may be associated with the established event,injury,or disease in service or with another service-connected disability. paragraph 4,1 c could be safisfied by competent evidence showing ptds treatment for a condition,or other possible association with military service,there is a lot more under 3;159,in my case i am going back to air force 46-46 at 100%,ptsd is already granted will apply to 3;159,back to 52-56 my ptsd is 4 -25 -52 wasp sinking hobson.i hope i have given you help with 3;159- dept of vets affairs assistance in developing claims it sure help me

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  • HadIt.com Elder

,aybe i missed somethingk what is 3;159 para 4,1 c ?

hi guys i got a ssoc as i am 100% ptsd granted in 2003 i appeald earlier effective date to 52-55 navy in ssoc under 3;159 states c indicates that clamed disabilty or symptoms may be associated with the established event,injury,or disease in service or with another service-connected disability. paragraph 4,1 c could be safisfied by competent evidence showing ptds treatment for a condition,or other possible association with military service,there is a lot more under 3;159,in my case i am going back to air force 46-46 at 100%,ptsd is already granted will apply to 3;159,back to 52-56 my ptsd is 4 -25 -52 wasp sinking hobson.i hope i have given you help with 3;159- dept of vets affairs assistance in developing claims it sure help me
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I believe this is what anfrnkie is refering to. Please correct me if I'm wrong.

§ 3.159 Department of Veterans Affairs assistance in developing claims.

Authority: 38 U.S.C. 5103A©)

(4) Providing medical examinations or obtaining medical opinions. (i) In a claim for disability compensation, VA will provide a medical examination or obtain a medical opinion based upon a review of the evidence of record if VA determines it is necessary to decide the claim. A medical examination or medical opinion is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but:

© Indicates that the claimed disability or symptoms may be associated with the established event, injury, or disease in service or with another service-connected disability.

(2) Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person.

Edited by foreveryoung
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  • HadIt.com Elder

I hope you aren't already spending that back pay to 1952 or anything like that, just because the incident happened then, does not mean you were diagnosed with PTSD then, the VA never pays back to the day of the incident, they will pay you to the date of claim or if you file within one year of discharge they will pay you back to the date of discharge, but they will NOT pay back pay to 1952 or 1944 for PTSD the incident that caused my PTSD happened Feb 6 1975, my claim for PTSD was filed in Dec 2003 after I was disgnosed with PTSD and I received back pay to Dec 2003 when I was granted my 100% P&T in April 2006, should they pay me back to Feb 1975, no, why should they I spent the past 30 years working, I didn't lose it (mentally) until May 2000, and I floated around for a few years before I really sought any help, like many vets, is that the VA's fault, no it was mine.

All these people that think they are going to get 30-40 years of back pay are really misguided and there is no reason to try and give them false hope, it ain't going to happen. You would be better off believing in the Easter Bunny.

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  • HadIt.com Elder

Frank, PLEASE don't quote laws and regulations unless you provide the correct citation! There are too many newbies that are thrown WAY off course by an incorrect citation an/ or personal opinion. Back it up! I have asked you nicely to clean up your spelling, and this is yet another example of misguiding new members of hadit.

In your case, several of us have TRIED to tell you that unless you claimed a mental disorder or claimed psychiatric symptomology in an earlier VA Claim, OR your PTSD symptoms were CONTINUOUS from the date of discharge (and documented) - then your PTSD will NOT go back to the date of the traumatic incident that gave rise to your PTSD. The VA does understand that PTSD can have it's ONSET at a much later date than the date of trauma. It's well known in the field that PTSD can develop at a later time . . . . ~Wings

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DUH -- Is it my imagination or did PTSD or DSM not even come into being until well after Vietnam ?

In the 40's and 50's there was no such thing as PTSD. My dad always referred

to a few vets as shell shocked --- probably about the same thing, but did not have any medical research, documentation or diagnosis at that time.

OMO,

carlie

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  • HadIt.com Elder

Testvet and Wings,

Amen!

Rickb54,

Yes, what you say does happen when all the evidence is in favor of the claimant, and in your case, if the evidence is all there, you'll prevail too!

However, in Frank's case, his claim is so muddled, it's unclear what evidence he actualy has. Wings, Berta and everyone else has tried to help this gentleman, but no one can seem to to get a straight answer from him.

I think Wings and Berta have asked him numerous times if he applied for SERVICE-CONNECTD DISABILITY within one year of his discharge, not any life insurance! He stated is "100% airforce" and "100% Navy," but after questions from other members as to whether if this disability was awarded by the service departments i.e. DoD, or if he just "thinks" he is 100% disabled, no can tell! Questions were asked whether his hospital records from Japan were actually in his c-file and whether or not he had treatment of his claimed disabilities since discharge, no readable response! So until anyone gets a clearer picture of what's going, it's going to be really, really hard to help him.

I know for one thing, and I hate to say this when it comes to helping fellow veteran, but in Frank's case, I gave up trying to help him a long time ago.

Vike 17

Edited by Vike17
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  • How to get your questions answered...

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    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
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    Examples:

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      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

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