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I Won My Appeal, Now What?


Pastor Kodiak

Question

Yesterday, I received the Judgment from the Administrative Law Judge that handled my appeal. I am using a VA-trained/approved attorney and the judge found in our favor. After 40 years of fighting with the VA. I filed my original claim the second day after my discharge. It was denied over and over again for all these years.

I think what made a difference this time was the attorney pointing out that my VA psychologist that I'd been seeing for years, had diagnosed me and then the VA sent me to a specific non-VA psychologist for my C&P and she diagnosed me the exact same way and advised that I should receive a 100% rating for my PTSD. 

They denied the claim (again) and when I got the decision letter explaining all the evidence they used to make their decision, they didn't include the report from my shrink or the C&P shrink. 

So, now that service-connection is founded and they've already determined my rating (from the C&P already done), do I too have to go back to sleep for months and months? Sadly, my attorney is on vacation (of all the times to go on vacation...) and his paralegal doesn't feel comfortable telling me what to expect next...

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Was you PTSD approved?  If so are you asking how long it will be until you are back-paid?  I am assuming you did get it and if they denied you for 40 years then it would be a large back payment.  What was your previous percentage?  If you were at 0% now at 100% and 40 years of back pay, you would be looking at over a million.  

If this is the case any large amount like that is going to take a while and a bunch of signatures.  I would say 6-12 months.  

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Congrats.  You will receive a decision about your case from the VA.  Read this carefully, it should have an effective date when you will begin receiving benefits.  If the effective date is not to your liking you can appeal this.  The effective date is the date which the claim was filed or which the disability was considered ratable.  I twice had a claim at the BVA for ten years, since I had had an open claim the entire time I was awarded ten years backpay.  I wish you luck and when you receive your compensation take a month and let it sink in if there is a large amount of pay.  Then consider spending this in the way to best help your family.

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