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  • 14 Questions about VA Disability Compensation Benefits Claims

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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Original Continuous Claim

Question

I was awarded 30% for PTSD in 2009 that was backdated to 2001...one day following honorable discharge from the Marine Corps. I submitted an NOD for the 30% for PTSD and 10% GERD being too low, timely, in 2010. VA has just awarded increases for GERD (30%) and PTSD (70%) and granted IU but used the C&P exam date of Sep 12, 2013 as my effective date. Is this effective date correct on an open-continuous claim? The IU was inferred if that makes a difference. I feel VA only really addressed the IU which is great in the Rating Decision by just simply awarding 70%, however; the backpay issue is a big deal from a 2012 to back possibly much further. Just want to make sure VA got it right before my deadline of March 8 2013 arrives to respond. Thanks!

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4 answers to this question

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Please don't make multiple topics on the same issue.

You already have a topic thread which contains your issue for

effective date.

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The first post I asked Berta to reply...it had very specific info she requested. The second post, yes same topic was after being told today by a Senator's liason I have nothing more to appeal. I disagree with that whole-heartedly. So, I re-wrote my post to be more concise-Thank you Carlie!

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I was awarded 30% for PTSD in 2009 that was backdated to 2001...one day following honorable discharge from the Marine Corps. I submitted an NOD for the 30% for PTSD and 10% GERD being too low, timely, in 2010. VA has just awarded increases for GERD (30%) and PTSD (70%) and granted IU but used the C&P exam date of Sep 12, 2013 as my effective date. Is this effective date correct on an open-continuous claim? The IU was inferred if that makes a difference. I feel VA only really addressed the IU which is great in the Rating Decision by just simply awarding 70%, however; the backpay issue is a big deal from a 2012 to back possibly much further. Just want to make sure VA got it right before my deadline of March 8 2013 arrives to respond. Thanks!

Your main problem is that the VA can do what they call staged ratings. You need evidence that your rating should have been higher, back then. If there was any mention of unemployability, in your claims file or medical records, previously, it would be the evidence you need and the more it's mentioned the better. Personally, due to the retro, I would pursue it. Nothing ventured, nothing gained.

I was originally awarded 30% for PTSD and I thought, great! Within the one yr appeal period I realized I was much worse, so I appealed. It took 10 yrs, with periodic increases, for me to win, but I won, 100% retro, to day one of my claim and when I started I knew nothing about the VA, their claims system or PTSD. I had zero evidence when I started. I now feel I am somewhat an expert, if only for my claim. jmo

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