PSP Questions

 

Question #65    

 

I lost my job with the Post Office in 1986 due to PTSD.  When I went to the VA, they diagnosed me as a malingerer.  It took me almost 20 years to finally get 100% for my PTSD. Can I file for back pay to 1986 when I first filed for disability due to PTSD?

 


A1:  The only way to receive back dated compensation in your can would require you to prove the VA committed a CUE or a Clear and Unmistakable Error. You can consult a VSO or an attorney only works on veteran issues for advice.  (CP)  5/22/2016
 
A2:   You can file under the clear and unmistakable error theory that the VA misdiagnosed your condition during your initial claim. Should you win, they would have to pay you the back pay.  (AP)  5/23/2016
 
A3:  I would contact a VSO and write to your congressman about it. If you had PTSD and it cost you your job with the Post Office which I lost mine but won my job back twice against the PO.  You will have to have the proof that you files and the paperwork to show you were denied then you may have a case but if not all you can do is try and request your past findings from the VA.  The chances are they will not give a copy to you and if not then ask your congressman to get it for you and then you may have a chance.  Never lose any of your documents save them and scan and copy them put on external hard drive, discs, flash drives what ever it takes never give them the originals only copies and put your full names, claim number, social security number on each page.   Easier to have an ink stamp made with that on it to stamp each page.  You can fax it to the VA Claims Center ask the VSO what that number is and put Attn: VA Claims Center on each page as well even have that put on a stamp or the same stamp as well.  Best of Luck and hope you can prove it.  That would be a nice back pay amount of at least $12,000 for each year times 30 years for just a guess if you had 90% only at the time but if under 40% that could be $24,000 times 30 years even better.  Knowing the VA they will deny it and then you will have to put in for a BVA hearing then they will cheat you out of it that would be my guess.  Just how the VA works but it is worth a shot.  (JRM)  5/24/2016
 

 

 


 

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Question #66

 

I am currently rated at 10% disability for hearing loss. Latest testing indicates hearing loss is 60%. Does this qualify me for an increase in disability rating?

 


A1:  You can always file for an increase. Consult with a VSO for assistance. Having a hearing loss of 60% does not equate to a rating of 60%. The VA has a schedule of ratings based. Check under Auditory diseases to get a more concise idea of ratings for hearing loss. http://www.benefits.va.gov/warms/bookc.asp#g  (CP)  5/22/2016

A2:  All you can do is request an increase and let the VA decide.  (AP)  5/23/2016 

 

 

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