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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32813
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was in the military and I was sexually assaulted. I suffer

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I was in the military and I was sexually assaulted. I suffer from PTSD. The I did not know I could file a claim until over 20 years later. I filed my claim and was said by VA that I do have PTSD. I was only paid back pay from the date I filed the claim. My question is why have i not been paid from the time it happened. If I have PTSD I had it then.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

I am sorry to have to bear bad news

The rule on this is very clear.

Pursuant to 38 C.F.R. 3.400 (2), the effective date of VA disability compensation benefits for direct service connection is the “[d] ay following separation from active service OR date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later.” See 38 U.S.C. 5110(a).

So if you filed this 20 years after separation from service, that is the date of claim. There is no way under current law to be eligible for "backpay"

Again, sorry to have to bear bad news.

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