vlb-all-products

vlb-c-file-manual


  • Topics

  • Member Statistics

    • Total Members
      15,882
    • Most Online
      3,604

    Newest Member
    Recan
    Joined
  • Forum Statistics

    • Total Topics
      61,112
    • Total Posts
      394,125
  • Posts

    • Your Appeal is at the BVA, just no Docket # yet, right. You do have a copy of your husbands C-File? We need to see a redacted copy of the initial Denial and the "Statement of Case." What exactly is your "Evidence of Record?" Many vet's that get caught up in the VA Appeals process, get a negative attitude, right away. They believe that there is a VA conspiracy to Deny and/or limit their Comp Benefits. VA Raters base their Award/Denial Decisions on "Evidence of Record," if the provided Evidence doesn't substantiate the claim, you get a Denial. That's not to say Rater's don't make errors, but a conspiracy (takes more than 1 person) to Deny is hard to believe, these are mid-level VA Employees. What does your VSO say about your Evidence regarding the linkage to CAD or Kidney Disease? Which condition is most likely the causative SC for the Secondary issue? Could you post redacted Dr's Clinician Notes, or other Medical Evidence supporting your claim?  Semper Fi
    • Andyman is correct, i ALWAYS ask that all my issues are taken care of through the VA. I refuse to even accept the Choice program even though it is available to me. My C&P was done by a VA psychologist, i was literally approved the day after. For those of us who are not yet P&T 100%, it is wise to always use the VA's system, Rating Officers really don't listen to the opinions outside of the VA anyways. Make your case stronger by always using their system to get what is Owed
    • To add to Ham's intel, you also would get an additional 10% added to any bilateral rating, that is, if you have a SCD involving opposing body parts, L and R side, doesn't have to be both knees, could be L knee and R ankle...how that works is like this 10% + 10%...10+9=19, bilateral factor would be 10% of that, or 1.9, added to the 19 + 20.9, or rounded to 21. And more importantly, if you have dependents, 30% is the magic number because you get an allotment for each one, at that point.
    • Chris Not sure, off the top of my head I actually can't recall either way! But I do believe any in house C&P exam should be on there, however, if it was done by a contracted provider it will not be on there.  Anyone with better intel on this can speak to it. Semper Fi
    • Yes, Vync. I read the pertinent DBQ before my exam. My examiner refused my request to properly do the testing for scars mandated on the DBQ. Walked out and didn't measure anything! The left side of my face is fugly due to scar deformity. When I was active in the Army, I even asked the doctor about  dermabrasion because the cystic acne scars had deformed my face, and neck.. So yessiree..I told one of his staff that he needed to come back again and finish his exam for my scars since he didn't measure any. He strolls back in, measures only one scar on the back of my neck. That's when I said why didn't you measure these facial scars. Replied, "Nope. The rating officer will see them on photos and said RO mostly decides on photos to do ratings anyway." I will have another C&P coming up for rhinitis in the future. If it is a bad as this last C&P, I will ask them why they aren't doing it properly? I will use their reasoning as evidence in my appeal. Too bad I can't tape record them. It's bad when these examiners have no accountability. I mean what do you do? File a complaint? with who? File an appeal..sure and wait many years to get to see someone that will actually follow the rules and apply the law. I'm under the impression that C&P examiners receive instructions by the ratings officers on what to test. Are they also given instructions to keep the rating as low as possible? Why would he want to know what my rating was before the exam began?  





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?

Share this post


Link to post
Share on other sites



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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

I see here an ankle claim was filed and awarded.

When did you formally file for schizophrenic/PTSD?

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.