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Back Pay For Ptsd


Slowlane

Question

I applied for PTSD in 1999 and was denied. Reapplied in 2000 and denied again and told to never contact them again.

I applied again in 2010 (ten years later) and was awarded 30% from the 2010 date.

Can I file for the lost 10 years??? Thanx, Slowlane

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In order to get a significant EED there usually must be a CUE or lost service record that is found to justify going back to a final decision and revising it to pay years of retro. I believe there are lots of old decisions that could contain errors that would justify an EED or grant.

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John is right. The "top 2" ways for Veterans to be awarded an earlier effective date are probably CUE and 3.156 C, New Service records. But there are others, you dont want to overlook, either, such as:

1. Pending claim doctrine. When the VA fails to adjuticate a claim, that claim remains pending and the Veteran is free to submit evidence to support it, even 10 years or more later.

2. "Claim to reopen".

3. Informal/inferred claims.

4. Veteran did not receive a notice he can appeal and his appeal rights, with the decision.

5. New and material evidence.

6. Changes in laws or regulations.

7. Nehmer claims have special rules for effective dates. If you are a "Nehmer" claimant, you can ask the NVLSP and they will review your claim to see if you are eligible for an EED for free. http://www.nvlsp.org/Information/ArticleLibrary/AgentOrange/AO-VABeginsReview.htm

These are a few reasons why you should take your claim to a competent VA lawyer to see if he can find something that would entitle you to an EED.

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I applied for PTSD in 1999 and was denied. Reapplied in 2000 and denied again and told to never contact them again.

I applied again in 2010 (ten years later) and was awarded 30% from the 2010 date.

Can I file for the lost 10 years??? Thanx, Slowlane

Please post the Reasons and Bases for the decision.

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Carlie, I found one of them:

Jun 24 2002

We made a decision on your claim for service connected compensation received on June 15, 2001.

We determined that the following condition was not related to your military service, so service connection couldn't be granted: Medical Description Post-traumatic stress disorder.

The main criteria missing is the credible supporting evidence of the claimed in service stressor actually occurring.

That was then......this is now::::::::::::::::::::::::::::::::::::::

I was granted 30% on Dec 2010 for the same claim as above. Why? I dont know.

I however, do now have in my possession video and audio of the actual stressor event in 1969.

Slowlane

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My first impression of this was this is a 38 CFR 3.156 C issue. Apparently they could not verify the stressor in 2001, but could 9 years later. The most logical explanation of this is "service medical records lost then found". This would entitle you to an EED. Now, this is just a WAG, but it sure makes sense.

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