2010 PTSD Change, Why does VA apply it?

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2010 PTSD Change

One veteran wrote in yesterday about PTSD and the change VA issued in 2010. They seem to love applying this one even when it doesn’t apply.

His question was whether or not VA was proper in their decision to not award back pay to the point of the incident.

VA, in his case, failed to provide assistance, which would have included a PTSD evaluation. Instead, they blew off his claim and denied him.

After years of fighting, VA provided this veteran with his benefits. But adding insult to injury, VA chose to apply the rule change in 2010 to limit his back pay to that date rather than to the date of his claim in 2006.

His question was as follows:

Do I have a right to get back pay to filing date of 2006 regardless? How do I go about it in my appeal of the pay issue?

Here, the veteran needs to review the regulations and his records before presuming VA screwed up. While VA probably did screw up and is probably screwing him out of money, it is always best to check first.

The real benefit of not jumping to conclusions with VA is that it will keep you mentally sane for a little bit longer, but that’s just my opinion.

In this instance, the veteran is referring to the regulation change that occurred on July 12, 2010.

Here is the fact sheet: New Regulations on PTSD Claims. The primary regulation that was changed is 38 CFR Part 3.304(f) which deals with PTSD.

Each veteran’s claim is very unique, and for that reason it is impossible to analyze with merely an email.

Instead of providing a direct answer, I think it’s important to provide the resources to analyze your own case.

For veterans working through the same issue, doing a FOIA request to get a full copy of your own file should be your first step.

Then check the file against the regulations VA is applying. If VA is wrong, then be sure to file a Notice of Disagreement within the window for an appeal.

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3 Comments

  1. What even more head racking in this case is one of the first paragraphs in the SOC is the VARO failed in their duty to assist but its no big deal in this case since they ruled in favor. Pisses me off the veteran paid a big price in his financial, family, and professional life. Is there any cases to reference for recourse action. Its terrible that the VA is totally free of suit.

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