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Ptsd Restored

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qrdgv2tebc

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I WAS S/C FOR PTSD IN 21/OCT/1997, 70%, IT WAS SEVERED IN 31/JULY/2005. HIRED A LAWYER OUT OF WASHINGTON, CLAIM WENT ALL THE WAY TO US COURT OF APPEALS TOOK SEVEN YEARS TO WIN, MY PTSD WAS RESTORED BACK TO ME AT 70% EFFECTED JULY/31/2005.

QUESTION ; DO I STILL KEEP MY ORIGINAL S/C DATE OF 21/0CT/1997. SINCE RESTORED MEANS LIKE IT NEVER WAS TAKEN AWAY.

IS THERE A POSSIBLILTY OF ANY RETRO PAY ON THIS. AND IS IT POSSIBLE I MAY BE ELIGIBLE FOR SPECIAL MONTHLT COMPENSATION UNDER 38 U.S.C. 1114. I HAVE BEEN S/C AT 100% FOR THE PASS 15 YEARS AND S/C FOR PYSD FOR 15 YEARS AMOUNG OTHER S/C DISABILITIES.

WOULD APPRECIATE ANY HELP WITH THIS MATTER, MY DAV REP IS NOT MUCH HELP

I LIVE IN THE PHILLIPPINES, EVEN WHEN I CALL HIM HE SEEMS TO BE ALWAY BUSY TO TALK TO ME, WHICH SUCKS

THANK YOU FOR ANY HELP YOU CAN GIVE ME

I AM WRITING IN LARGE LETTERING BECAUSE I AM LEGALLY BLIND..

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THIS IS WHAT I AM S/C FOR

1. PTSD-70%

2.HEART DISEASE/AGENT ORANGE-60%

3.SPINE LUMBAR-40%

4.SPINE,CERVICAL30%

5.RIGHT SHOULDER-30%

6.BARRETTS ESOPHAGUS-30%

7.CHRONIC GASTRITIS-30%

8.CERVICOGENIC HEADACHES-30%

9. RIGHT ELBOW-20%

10.LEFT ELBOW-20%

11.RIGHT HIP-20%

12.LEFT HIP-20%

13. LEFT SHOULDER--20%

14.. RIGHT KNEE-20%

15. LEFT KNEE-20%

16.CARPAL TUNNEL SYNDROME, LEFT-10%

17.CTS- RIGHT 10%

18 HALLUX VULGUS RIGHT FOOT-10%

19. HALLUX VULGUS, LEFT FOOT-10%

20.CHRONIC RADICULOPATHYLUMBAR ,LEFT-10%

21. CHRONIC RADICULOPATHY CERVICAL RIGHT-10% THIS IS ALSO KNOW AS NEUTOPATHIC PAIN SYNDROME, CERVICAL/LUMBAR

22. BILATERAL SENSORINEURAL LOSS-10%

23. BILATERAL TINNITUS-10%

THIS IS EVERTHING I AM S/C FOR.

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Wow thanks for your service and sorry for your sufferings hopefully they have all the SMCs awarded to you

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SINCE MY DAV VSO CAN NOT FINE THE TIME TO TALK TO ME, WHAT IS THE FIRST STEP I SHOULD TAKE TO GET THIS OFF THE GROUND, I HAVE AN APPOINTMENT WITH THE VA,MANILA ON THE 12TH OF OCT/2012, SHOULD I DISCUSS THE SMC AWARD WITH THEM, THEY ALREADY KNOW WHAT MY S/C CONDITIONS ARE.

THANK YOU IN ADVANCE FOR ANY HELP I CAN GET.

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It is very hard to advise you in your situation. It entirely depends on the reason for VA severing your 70% rating in the first place. The reason they used for this will determine whether or not you would be reinstated with backpay or not. I personally suggest going through the US court of Appeals Decision, and seeing what they say about any backpay. Other than that I would give the lawyer a call that represented you for your Court of Veterans Appeals case. He will be in a much better position ot advise you why things were decided the way they were, and any possible chances of appeal.

I would suggest putting in a claim for housebound/aid and attendance and seeing where it goes. You will probably need to go through the regular C&P exams, and begin gathering private IMO's stating that you are clearly disabled and restricted in Activities of Daily Living. With the number and type of service connected conditions you have, I personally would say your chances are good for SMC, especially because of the fact you are legally blind.

Good Luck

We are a Vietnam vet and vet's wife, we are not lawyers or VSO's we're just learning as we go.

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