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    • Thank you Vync for the warm welcome and reply. The addendum was made by the C & P examiner, but 10 weeks later. They are saying my progression is the typical rate of progression for my spine issues, therefore not related. That leaves me unsure if I should appeal this or claim it as chronic low back pain. I have several records to support as such. Also, when the examiner quoted my angles they were much lower than anything sound. A spinal curve doesn't shrink and then exaggerate again a few years later.    
    • Okay everyone, I have been MIA for a few days to try and collect myself.  I received a call from my Women's advocate at the local VA who can see my file.  I am beyond upset and just deflated.  The DRO Steve Wilbur held true to his reputation.  He called me on August 18th, 2016 to tell me he was going to decide my NOD within the week, but he actually lied to me because he decided it that day.....DENIED!!!  To further more upset me, my claim has so many errors from the beginning of the original decision to today's decision.  We went over everything on the phone and we found so many errors.  I am going to wait for the SOC so that I get the Form 9.  At first I said "F" it and I was going to give up and just apply for my right foot secondary to my left ankle but I thought about it and the more and more I did, the more and more I got so pissed off!   Over the weekend another Veteran and I spoke on the phone.  He too had the same DRO, Steve Wilbur and was denied on the same day as me.  The other interesting thing....my boyfriend received his SOC in the mail for his denial on the same day and guess who was the DRO????  Yep, Steve Wilbur.... Apparently Steve Wilbur has a very bad reputation in WACO.  I was told by this veteran that his attorney is heading there today to raise hell over this situation.  I emailed Robert McDonald for what it is worth too.  Both of us had solid evidence to overturn the original decisions.  I feel we were both retaliated due to the fact that we emailed Robert McDonald a few weeks ago for an update.  This is devastating and now I have years of waiting because of Steve Wilbur. When I was on the phone with my rep at the VA, she was reviewing the notes and Steve Wilbur has so many mistakes noted on my SOC.  One issue is the fact that my original C&P exam from July 2013, the examiner gave NO RATIONALE, however several months later, a medical opinion was given by a doctor who NEVER saw me but rather took a quick glance of my documents and denied me even after the fact that the examiner from the C&P exam noted both my DBQ's from my podiatrist and stated my injuries were in-service.  Furthermore, I had the letter from my current podiatrist stating all my injuries were in-service. So disappointed but I will continue to fight this!
    • Welcome to Hadit! Was the addendum made by the C&P examiner, a non-C&P doctor, or possibly someone working at the VARO? How long after service did they claim the condition progressed after service?    
    • With the 100% P & T decision the VA should have mentioned or enclosed the Chapter 35 applications for your dependents.They usually send the Chapter 35 pamphlet as well, which is linked below.   The dependents are also eligible for CHAMPVA  which also can be searched for here.I dont know how VA informs vets these days of their dependent's potential for CHAMPVA  in 100% P & T awards. As I recall I received a VA letter advising me on CHAMPVA and that has to be applied for.The letter was separate from the 100% P & T posthumous award that included Chap 35 apps for me and my daughter.More info here. http://www.benefits.va.gov/gibill/docs/pamphlets/ch35_pamphlet_2.pdf   http://www.va.gov/vaforms/medical/pdf/vha-10-10d-fill.pdf http://www.va.gov/purchasedcare/programs/dependents/champva/      
    • @Bonzai Great to see you!!!  Have you checked out http://www.disabledveterans.org I think it will helpful in your fight for Voc Rehab. We have had a lot of complaints about Voc Rehab so do keep us posted on your progress. You may even want to think about starting your own blog about it. That will give you something to do. I did it and here we are 20 years later. About a blog, you can use your photographs and your wive's to illustrate your posts. It might just turn out to be your thing.





crowell98335

Will The Va Pay Back Pay If It Is Over Twenty Years Of Back Pay

29 posts in this topic

I Was in the US Army from June 1979 to April 1989 got to the rank of Sgt(P) when i was hit with a AR 15 and depromonted to SP4/E-4 then was told I have some thing was worng with me i was acting diffent (Ten years later i will fine out it was schizophrenic/PTSD was with me) my MOS was 96b10(that is Milltary Intelligence Anallyst to you who dont know it) at the time of my ETS i have three gcm, two arcom in told i could wear a three row of three I was with the 2nd Bn of the 502nd Inf AASLT of the101ST ABN AASLT most of my time in. I had a TS SBIG with a SCI clearance and the last nine months of my time in I was on KP they didnt know what to do with me.

Now you know about me here is my question is if i do get the holly thing of iu at 100%( I am at 30% for my ankles) will the VA back date the pay ie reto the 100% to Feb 09, 1990 when I first put in my claim in and been having a open claim from then on that is over twenty years of back pay ie over $600,000.00 dolars if so that with them mis the pay they all ready gave me inclued? And will I need a payee? If so can it be my wife who been with me from Sept 1979? If not why so? And if they pay for dep will they ie VA pay for my wife even if she is the main bread winner now and my four dau I have also even if they are now over twenty years old?

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Not knowing all the particulars to your situation,

In order for you to get 20 years back pay; you must have had a diagnosis of schizophrenic/PTSD 20 years ago and you filed a claim for it and it was never rated or VA made an error in their decision. Keep in mind that you will now have to have a current diagnosis, an in-service diagnosis or a diagnosis within one year of your separation and a nexus statement (medical opinion) that these conditions are related or are the same. It is most likely that VA will only back pay you to when you filed your most recent claim for schizophrenic/PTSD/TDIU. It is possible but not likely that you have had an open claim for 20 years. Thank you for serving our country.

P. S. This means absolutely nothing to the VA for your service connection, they do not care. "at the time of my ETS i have three gcm, two arcom in told i could wear a three row of three I was with the 2nd Bn of the 502nd Inf AASLT of the101ST ABN AASLT most of my time in. I had a TS SBIG with a SCI clearance and the last nine months of my time in I was on KP they didnt know what to do with me".

Edited by pete992

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If you filed a claim that was never decided in 1990 that should be your effective date.

That is an odd one. You need to find the regs that were in effect in 1990 as the VA rates claims that old according to the regs in effect at the time.

At 100 percent the VA pays for the spouse and children provided the kids.

Also an interesting factor is the 20 year protection rule. If you are awarded a claim that old it should alrelady be in protected status meaning the SC cannot be severed except in the event of fraud.

J

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I agree that, based on what you posted, you have an "open" claim, and, if awarded, you can file an EED for retro back to 1990.

However, grab your popcorn for "Rocky VII" because you are in for the fight of your life. Start training at the gym now, because its likely gonna take ten years. Expect the VA to delay this until you die. It is a virtual certainty this wont be approved by a rating specialist at the RO level. BVA is minimum, and I am really thinking it will take CAVC or above to get this effective date. The VA is famous for fighting these tooth and nail....they dont pass out 600,000 checks at parades to children who scramble for the goodies. Most Vets give up or pass away first. Dont be one of them.

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I'd have to see your actual claim and any awards/denials, since then, to even make an educated guess. The court ruled, a while back, that claims not mentioned, in a decision letter, are to be considered denied, even tho not mentioned, or something like that. Not sure if that would include your claim.

pr

I Was in the US Army from June 1979 to April 1989 got to the rank of Sgt(P) when i was hit with a AR 15 and depromonted to SP4/E-4 then was told I have some thing was worng with me i was acting diffent (Ten years later i will fine out it was schizophrenic/PTSD was with me) my MOS was 96b10(that is Milltary Intelligence Anallyst to you who dont know it) at the time of my ETS i have three gcm, two arcom in told i could wear a three row of three I was with the 2nd Bn of the 502nd Inf AASLT of the101ST ABN AASLT most of my time in. I had a TS SBIG with a SCI clearance and the last nine months of my time in I was on KP they didnt know what to do with me.

Now you know about me here is my question is if i do get the holly thing of iu at 100%( I am at 30% for my ankles) will the VA back date the pay ie reto the 100% to Feb 09, 1990 when I first put in my claim in and been having a open claim from then on that is over twenty years of back pay ie over $600,000.00 dolars if so that with them mis the pay they all ready gave me inclued? And will I need a payee? If so can it be my wife who been with me from Sept 1979? If not why so? And if they pay for dep will they ie VA pay for my wife even if she is the main bread winner now and my four dau I have also even if they are now over twenty years old?

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I see here an ankle claim was filed and awarded.

When did you formally file for schizophrenic/PTSD?

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