Legal Question in Veterans Law in Oregon

veterans back pay.

I have filed for 100% disability from the V.A. I am currently at 80%.(depression). The V.A. initially stated that I did not have combat related PTSD or any problems relating to my tour of duty in Vietnam.

I have just received conformation from two V.A. Psychiatric evaluations stating that my issues are from combat related PTSD in Vietnam.

They stated that they made an error in not awarding me pay from 1984 when I got out the second time in 1984.

Question #1- Can I receive back pay from 1984?. AND

Question #2- Can I receive retro pay from Vietnam as well. I heard there is a rule that supercedes the 5 year limitation.

Thanks

Brad


Asked on 9/24/07, 10:20 pm

2 Answers from Attorneys
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: veterans back pay.

I handle Veterans Affairs issues and also what is called Board for Correction of Military Records. You may have some options; however, I need to know more details to better assess the situation.

Feel free to contact me if you would like to set up an initial consultation, free of charge. If we set up an appointment, I'd be happy to initiate the call in order to save you in long distance charges.

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Answered on 9/25/07, 6:02 am
Todd Hammond Todd S. Hammond, P.C.

Re: veterans back pay.

I really need addtional information from your VA files to address your questions. Procedurally, I would like to look at the claims you have made, what they were made for, when they were made, what actions the VA took in response, did you file notice of disagreements and file a request for hearing form 9?

Substantively, when were you diagnosed with PTSD, what was the stressor, can this stressor be verified by the VA, do you meet any of the presumptions for combat, etc.

I would be honored to meet with your at my office in Salem for a free consultation.

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Answered on 9/25/07, 11:36 am


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