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I fought the VA for ptsd benefits for 10 years. The judge that finally awarded my claim found evidence I had supplied had been lost by the VA office where I filed. I haven’t been able to work since 2002. Been in a psych ward 6 times since getting out of service. Acquired mountain of debt while awaiting decision in order to keep roof over head of wife and I. Now the VA will only back pay me 5 years and I have had to resorting getting a lawyer to get the other 5 years backpay they owe me for which the lawyer will take 20%. So far, the VA has spent 6 months sidestepping my lawyer. Had thought about starting a gofundme but I become hardheaded when it comes to asking others for help. Took me 7 years to file for ptsd because I was sure I could make it on my own after getting out. Started seeing a doc while still in military and have continued seeing one since then.
rogus
1 year ago
Unfortunately the (para)phrase “must have occurred in the military” is incorrect. The law allows for claims for the worsening of pre-existing disabilities while in service. Here is part of Title 18 Chapter 38 pertaining to this:§ 4.22 Rating of disabilities aggravated by active service.In cases involving aggravation by active service, the rating will reflect only the degree of disability over and above the degree existing at the time of entrance into the active service, whether the particular condition was noted at the time of entrance into the active service, or it is determined upon the evidence of record to have existed at that time. It is necessary therefore, in all cases of this character to deduct from the present degree of disability the degree, if ascertainable, of the disability existing at the time of entrance into active service, in terms of the rating schedule, except that if the disability is total (100 percent) no deduction will be made. The resulting difference will be recorded on the rating sheet. If the degree of disability at the time of entrance into the service is not ascertainable in terms of the schedule, no deduction will be made.
rogus
1 year ago
If you wonder how I know this it’s because I became so mad I actually read the Law (Title 18 Chapter 38 – get it off the gov website) pertaining to disabilities. The fact stated previously is among the many things I found out and stuck out to me because it seems kind of odd. You can also look up the details of what combinations of symptoms of a certain ailment will rate at what percentage level in that document. A vet should never be put in a situation where they themselves have to know the law when we have paid for a huge government agency to know it for us to help us out when we need it.
rogus
1 year ago
Oh and don’t get me started on going to the Veterans Service Organizations(such as AmVets,etc) to start out with. Where else would I have started out at? Still got screwed over for 10 years and still have to fight for backpay. Which is why I finally got a lawyer.
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COMMENTS POLICY: We have no tolerance for messages of violence, racism, vulgarity, obscenity or other such discourteous behavior. Thank you for contributing to a respectful and useful online dialogue.
I fought the VA for ptsd benefits for 10 years. The judge that finally awarded my claim found evidence I had supplied had been lost by the VA office where I filed. I haven’t been able to work since 2002. Been in a psych ward 6 times since getting out of service. Acquired mountain of debt while awaiting decision in order to keep roof over head of wife and I. Now the VA will only back pay me 5 years and I have had to resorting getting a lawyer to get the other 5 years backpay they owe me for which the lawyer will take 20%. So far, the VA has spent 6 months sidestepping my lawyer. Had thought about starting a gofundme but I become hardheaded when it comes to asking others for help. Took me 7 years to file for ptsd because I was sure I could make it on my own after getting out. Started seeing a doc while still in military and have continued seeing one since then.
Unfortunately the (para)phrase “must have occurred in the military” is incorrect. The law allows for claims for the worsening of pre-existing disabilities while in service. Here is part of Title 18 Chapter 38 pertaining to this: § 4.22 Rating of disabilities aggravated by active service.In cases involving aggravation by active service, the rating will reflect only the degree of disability over and above the degree existing at the time of entrance into the active service, whether the particular condition was noted at the time of entrance into the active service, or it is determined upon the evidence of record to have existed at that time. It is necessary therefore, in all cases of this character to deduct from the present degree of disability the degree, if ascertainable, of the disability existing at the time of entrance into active service, in terms of the rating schedule, except that if the disability is total (100 percent) no deduction will be made. The resulting difference will be recorded on the rating sheet. If the degree of disability at the time of entrance into the service is not ascertainable in terms of the schedule, no deduction will be made.
If you wonder how I know this it’s because I became so mad I actually read the Law (Title 18 Chapter 38 – get it off the gov website) pertaining to disabilities. The fact stated previously is among the many things I found out and stuck out to me because it seems kind of odd. You can also look up the details of what combinations of symptoms of a certain ailment will rate at what percentage level in that document. A vet should never be put in a situation where they themselves have to know the law when we have paid for a huge government agency to know it for us to help us out when we need it.
Oh and don’t get me started on going to the Veterans Service Organizations(such as AmVets,etc) to start out with. Where else would I have started out at? Still got screwed over for 10 years and still have to fight for backpay. Which is why I finally got a lawyer.