Legal Question in Veterans Law in New Hampshire

I am a Gulf War Veteran who was diagnosed with PTSD, and recommended for counseling, in 2000. However I was never told about this diagnosis and went 10 years with out treatment or any mention of it in my twice-a-year check ups.

I found out about this diagnosis when I recently sought help, outside the VA, and put in a disability claim for PTSD. When I requested copies of exam records I was upset to see that I had struggled for 10 years on my own for no reason. I would think that the VA would compensate me for their lack of care.

What are the chances of recieving back compensation for my new PTSD rating?


Asked on 10/09/10, 8:55 am

1 Answer from Attorneys
Jill Mitchell-Thein Heard & Smith, LLP

The chances are probably slim at best. The won't compensate for anything unless and until you file a claim for it. Are you sure you (or someone on your behalf) never filed any prior claim? Your best bet may be to appeal the new rating if you think it is inadequate, or appeal the effective date they set in the event there is something in your file that could support an earlier effective date. I have seen a lot of initial ratings for PTSD that are too low after comparing the rating to what the medical shows. If you have any more questions, feel free to email me directly.

Thanks,

Jill Mitchell

[email protected]

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Answered on 10/14/10, 9:33 am


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