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It is my understanding from some VA literature that if a veteran can show a diagnosis and continued treatment before the application for disability that the effective date can I be moved back to the original diagnosis and treatment date.
It has been agreed that my PTSD is service-connected being 1971 and that I in fact can show treatment from 1993 two 2011 when I applied for disability compensation. I am fact have been treated since 1971 but do not have the evidence to support it.
The death of my daughter unexpectedly ( which can be a PTSD causal factor according to DOD studies) certainly was an exacerbating factor to my service connected PTSD.
My effort is to show that retro compensation is appropriate pursuant to the VA rules in my case.????
I was a Navy JAG officer's through Naval Justice School, Newport. As a pro se defendant in a civil action in Maine. I have been disappointed to find how allusive "due process" is in the state lower courts.
My reading of the law would argue that the key is not in the last clause of para. (a) but rather the key is in the first 7 words of that para.
Unless "specifically provided otherwise" as in (b) (2) -(3) (A)
The Regional Office in St. Petersburg has supplied with identical pages describing rights and procedures with the two decsions that they have made on my disability apps. It reads:
How VA Determines The Effective Date
Examples of evidence that you should tell us about or give to us that may affect how we to determine the effective date of any benefits we give you on your claim include the following:
HOW VA WILL HELP YOU OBTAIN EVIDENCE OF YOUR CLAIM
VA will make every reasonable effort to obtain all the evidence and information we know about. This includes records held by federal agencies, such as your service department records, and privately held evidence and information you tell us about ( such as private Dr. records)
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