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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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HMtoRN

MST retroactive pay

Question

New here so sorry if i am confusing

Can anyone give me some insight on if MST/PTSD claims are paid back to the service/discharge date?

I just recently opened a claim for disability, part of which is a MST claim. Sadly, I was unaware I could open a claim, I was an activated navy reservist and once I was off deployment I never looked back, didnt ask questions, i just wanted to put my deployment behind me. 

with that being said, i dont recall or have record of ever getting a discharge physical. 

I have heard multiple answers which i am sure all are correct, but maybe someone can clarify why some claims are paid back to the service date and some only to the claim date. Also, I know there are appeals and such, but there is another service member that personally knows of her friend getting back paid to the date of service on her first initial claim and it was 3-4 years past her discharge date.  

Oh I have my claim physical and psych eval on the 28th, and i am honestly really nervous and dont know what to expect.. some pointers would be greatly appreciated 

thanks.

USNR 2004-2008

IRR:2008-2012

ACTIVE 2006-2007

 

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Claims for service connection that are filed within one year of discharge date, if successful, will receive the day after discharge as the EED (the retro date).

Possibly your friend meant that she filed for service connection within that first year after her discharge but it took 3-4 years for her to get her award,....that would not be too unusual.

Do you have a complete copy of your STRs and military personnel records?  

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I know three people in the same exact situation. Ill update if i remember when they get their decicions.

Did you find out the answer to your question?

From my research I found that MST is a pathway to get service connected after the fact.

as stated the claim needs to be filed within a year of discharge if you filed one and it was denied then maybe years later you could overturn that decisicon if they made a mistake or more evidence compelled a reverse and backpay.

But MST isnt a instant 0%-100% you get rated to like one mental disorder diagnosis  and how much it impairs you total 0-100.

the MST law basicaly says if you experience MST during your service you can get free treatment by a therapist PHD at the VA vets centers. these therapists can help you build a case for Compensation based on what mental disorder affects you most.

there are multiple Mental disorder Diagnosis and most of them are Vague with a general description of your symptoms.

if you didnt report it then you have to find some sort of extra evidence, letter from a friend you told, change in performance, letter from family memeber stating how much you have changed.(all these letters have very specific formats you can look up by the google)

File Intent to file on Ebenefits or By Phone or mail.(Date you start getting back pay)

Visit Vets Center tell them you have MST

See A VSO

once given a rating if service connected you will be paid benefits to the date you filed intent to file.

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The effective date for benefits has many twists and turns.  Generally, your effective date is the later of the "facts found" or when you applied, with one of the notable exceptions being, as Berta pointed out, when you apply within a year of discharge.  

Apparently you did not do that.

Its nearly impossible to get an effective date prior to when you applied the first time.  If you havent applied for benefits, you wont be getting any. 

After you have applied, and wound up with an effective date "later" than your date of initial application, there are maybe some things you can do to get it back as early as your first application.  The VA does not care that you did not know about benefits and did not apply for years.  Its your responsibility to find out and apply, not the VA's to tell you that you should apply.  

Once you get service connected, and a disabiity rating, you will be assigned an effective date.  If you dispute that effective date, you can file a NOD disputing the effective date.  if you so elect.   

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