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I originally applied for disability during 1994 on 4 different counts. PTSD is just one account. I finally was approved during 2000 for PTSD 50%, then upgraded to 100% within a month, due to unemployability. Why was I only given back pay for 6 months instead of the whole 6 years? Most people say I should be happy with the 6 months. My first application was in 1994.  

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Answers

A1:  Big question here is from that time you filed in 1994 did you continued prosecuting your claim each year if you had a period of time where you had more than a year break than it goes with the latest date filed.  (GR)  8/4/19

A2:  The only way you would have gotten back pay for 6 years, is if you had appealed that first claim and then finally won. And you would have only received the backpay for what they first put you at...50%. If you just filed a whole new claim, and did not appeal the original claim, you will only receive back pay to the date you filed your last claim.   (LM)  8/4/19

A3:  The reason you didn't get 6 years retroactive benefits from 1994 is due to the date that the medical evidence from your claim first verified your claimed disabilities which was in 2000. Your previous claim from 1994 did not verify your service connected conditions from that date because the medical evidence submitted back then did not show a confirmed diagnosis of your conditions from 1994 related to your military service. You can appeal that 1994 decision if you wish but unless you have medical evidence that was either ignored, overlooked or not proven from your military medical records in that 1994 decision, your chances of getting backpay from 1994 are very slim.  (KG)  8/4/19

A4: VA benefits are contractual in nature legally and an overriding standard is reasonableness in which both parties have obligations. I am in the same situation starting in 1993 for vietnam events ...your mos, duties etc are records plus medical...continue the fight ...right now I am npard of review case 89000 plus.  (JS)  8/4/19

 



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