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New 3;159 Supports Ptsd

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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

I was just informing carlie that the VA recognized mental conditions caused by war prior to the DSM adding the diagnosis of PTSD to their diagnostic manual. I know little about your claim and was not making any points specific to your claim. I love change.

I have not made any opinions about your claim recently because I do not give any advise to anybody on the board about CUE claims. I do not know ebough about CUE claims. However, I do read many posts hoping I will be able to contribute. I like, wings hang around here to help when I can. I won my battle years ago.

I also feel I am owed 25 years of back pay because I had a chronic condition inservice and it was not adjudicated when the VA reviewed my folder upon my first request for benefits. I thought that there was a requirement that the VA adjudicate any chronic condition upon the first review of the file whether the veteran requests service connection of the chronic condition or not.

My opinion is that any condition supported by a paper trail of strong medical evidence should be rated retroactively based on the medical history and all filing aand appeal requirements should be set aside. This is not the current state of VA law as far as I know. Maybe this is what you are getting at with the new stuff you found. That sure would be nice.

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Guest anfrnkie
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.

i filed 2 claims one in 1949 and 1 in 1978,the claim in 1978 was for air force and navy under 38 cfr 3160 va must go back to date of original claim if we took 1978 as a agreed date,that is still 28 ys of back compensation plus smc so no matter what way i go i still come out a winner
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Guest anfrnkie
Just consider that in every case of a agent orange claim the incident had to have happened during the Vietnam War but you don't get compensation until you file the claim 35 years later. The AO vets have been walking around with the poison in their system for years but until they show one of the diseases and file a claim they don't get a thing. In some of the AO cancer cases the vet does not live long enough after diagnosis to even have their claim rated.
john i think 3;159 is worth looking into there is nothing about agent orange only new way to apply for benifits,i don,t think people trust any change,but looking into something doesn,t hurt,i did not think i would start a war over this even breda went to check a 38,she looked up the wrong thing stated i wasn,t anything,i will never post a topic, again breta even stated about a person elizabeth i read her topic elizabeth was right anyone can hire a lawyer from day one my buddy did this his mother opened a account in her name for the lawyer to file her sons claim it was legal for my buddy never hired a lawyer his mother did so elizabeth was right to bad she left,she proved she knew more then breta or wings frank
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Guest anfrnkie
I was just informing carlie that the VA recognized mental conditions caused by war prior to the DSM adding the diagnosis of PTSD to their diagnostic manual. I know little about your claim and was not making any points specific to your claim. I love change.

I have not made any opinions about your claim recently because I do not give any advise to anybody on the board about CUE claims. I do not know ebough about CUE claims. However, I do read many posts hoping I will be able to contribute. I like, wings hang around here to help when I can. I won my battle years ago.

I also feel I am owed 25 years of back pay because I had a chronic condition inservice and it was not adjudicated when the VA reviewed my folder upon my first request for benefits. I thought that there was a requirement that the VA adjudicate any chronic condition upon the first review of the file whether the veteran requests service connection of the chronic condition or not.

My opinion is that any condition supported by a paper trail of strong medical evidence should be rated retroactively based on the medical history and all filing aand appeal requirements should be set aside. This is not the current state of VA law as far as I know. Maybe this is what you are getting at with the new stuff you found. That sure would be nice.

hoppy forget about cue claims i droped my appeal,about ptsd in 3;159 and i have that form filed at va ptsd must be proved mine is so ptsd is not a issue va stated ptsd will go back to 1952,under 3;159 i also filed a claim in 1949 and again in 1978 for air force and navy va buy law must go back to the date i opened claimall proof or need information is at va i am s/c for air force,navy ptsd i only tried to point out this new 3;159 to help it is worth looking into the 3;159 is a easy way to apply for benifits,all you need is proof, my ptsd is in navel history,wasp sinking hobson,179 men went down with the hobson,my point under 3;159 proves my ptsd this is what ,i am trying to state
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Rick I agree with you but the circumstances in your cases are different you have vets who made claims that were denied, you don't have a vet from the Arizona who never claimed PTSD before 2003 and now wants to be paid back to Dec 7 1941 either

your cases should be paid they tried and the system failed them, but to never make a claim and then try and go back 30-40 or even 50 years later is nonsense. Lot at the case of Frank Wong the naval aviator that fought with the VARO for 60 years because he lost his vision in one eye, but the Navay Doctor covered for him so he could keep flying in WW2, he spent until march 2005 and the Knight Ridder paper did an expose on his case the VA was finally embarassed into paying him for his eye injury, it was like 20% back to 1945 when he orgiinally filed his claim, more power ot people like him.

But people that show up at the VA now and want to be paid for 50 years of back pay for PTSD that was diagnosed 3 years ago sorry I don't see it I won't say it can't get paid, but it shouldn't

maybe you will better understand better my stessor,is from 1952,i am already 100% ptsd,however va failed to check my records,so they granted me ptsd in 2003,3;159 sent to me from va states you must prove you sesstor, that was no problem for me, as my sesstor, is part of naval history uss wasp sinking hobson 4 -25 52,under 3;159 i can get eed to 1952
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