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mr joe

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FINAZ57

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When I was 20  coming back from Nam I got compensation for being wounded. At the time I asked about being shell shocked. I was examined for a "nervous condition" which the doctor laughed off and said I'd get over it. 45 years later...three marriages countless jobs, drug addition (I'm over that) alcohol abuse, the VA gave me 70% PTSD rating. I have filed this month for retro active and wondering if I stand a chance of getting it. Also contacted a lawyer that does VA claims and waiting to hear from them and tell them my story 

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@FINAZ57 You might get it after a trip to the BVA.  You never know until you try.  As for lawyers, I would interview a few of them and see which one appears to match up to you best.  Some will deny your case and others will take it so do not get discouraged until you have tried several.  Good Luck.

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It would take a complete review of your file to know if you were likely to get an earlier effective date, but you can start by filing a nod.  

These things can all affect your effective date(s):

1.  Date you first applied.  Were you denied previously for a mental health disorder? PTSD?  

2.  Facts found, such as the date the doc said you were disabled.  

3.  Do you have new and material evidence in your file to demonstrate a "stressor" in service?

4.  Did you apply within a year of discharge?

5.  You mentioned you got "compensation" for being wounded...do you have a record of your conversation, such as with a doctor, where you mentioned PTSD or other Mental issues?  Back then you could establish a claim for SC with an "informal" claim, such as a claim for increase by discussing it with your doctor, but you have to make it plain its about benefits, not treatment.  

6.  Did you get notice of your decision, and did this decision include a notice of your rights to appeal? 

7.  More stuff..are you a Vietnam Vet?  Nehmer?  It makes a difference.  

      You can take your cfile to an attorney and ask him.  He will likely review your file and see if "he" thinks you can get an earlier effective date, and how.  No charge for review.  

Edited by broncovet
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