This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File


  • Topics

  • Forum Statistics

    • Total Topics
      60,387
    • Total Posts
      390,158
  • Topics

  • Posts

    • VA CUE Request
      thank you for your replies. Berta: I currently work and plan to do so unless/until I start losing it a little more and I see no other option but to venture into TDIU. I'm in mid 30s and have young kids so I'll need to continue working. Broncovet: My vertigo is usually once a 2-3 weeks but recently had few falls right outside the house which led me to hospital. nothing serious but cuts and bruises at this point but started worry me a bit. VA had me do complete balance test and revealed I have abnormal balance issue. I don't know how to reply back to your question regarding TBI... I'm just out of it most of the times and I try extra hard to concentrate to get things completed that others may not realize. BLUF, I rely on my wife heavily on daily basis. I'm not sure if I'll still be here without her support and guidance.   I last read the letter one more time and I thought VA is recommending to re-evaluate my TBI residual symptoms to include the vertigo? my current rating for TBI is residuals from memory loss and concentration. how should I go about the appeal? do I visit VSO and express my concerns? is it even worth it when it's pretty clear of VA's mistake? thanks a bunch again.  
    • DRO hearing
      How does a CUE work? Does the DRO have to CUE themselves or does a supervisor do it?
    • Is it possible to back date disability pay to time of injury?
      When did you actually get out and when did you file your claims?
    • Is it possible to back date disability pay to time of injury?
      Yeah Kinda figured it was a pipe dream. I wasnt sure if anyone had seen this happen before or not.
    • Is it possible to back date disability pay to time of injury?
      The crazy one here, there are too many scenarios for anyone to properly answer your question.  A lot of our claims are alike but they are also very different. Without knowing how/when  he filed his claim and the steps he took it would be pure speculation on anyone's part to guess.  If and only if you filed a claim back in 2007 and was denied then you found records of your injury and then you filed a new claim in 2012 and was granted service connection then you could request an earlier effective date under CUE but outside of that there is no way VA will back a pay retro payment without a veteran filing a claim.  Even with a veteran filing an earlier claim VA will put the veterans' claim through the wait and see if the veteran miss a suspense date so we(VA) can deny his/her claim.
    • Is it possible to back date disability pay to time of injury?
      I asked him if he knew why/how they back payed him to deployment and he said he didnt know. He doesnt want to ask questions though for fear of them taking the money back. If it werent for the fact that he showed me his bank account with a $50,000+ transfer from the treasury i would think it was bull shit
    • PTSD Denied NSC - Schizophrenia NSC
      to add... These 2 conditions of PTSD and Schizophrenia can overlap as these cases show. The medical term is called comorbid conditions. Mark gave excellent advise…….schizophrenia is a psychosis that falls under the Chronic presumptives, if there is evidence at least of 10% upon discharge. But it all depends on getting all of his records and then obtaining an IMO/IME   “FINDINGS OF FACT   1.  In 1980, VA amended its regulations to include PTSD.   2.  The first communication from the Veteran claiming entitlement to service connection for PTSD is dated April 13, 1995.    3.  The evidence shows the Veteran has had overlapping symptoms of PTSD and schizophrenia since service.      CONCLUSION OF LAW   The criteria for an effective date of April 13, 1994, for a grant of service connection for PTSD, have been met.  38 U.S.C.A. §§ 5101(a), 5110 (West 2002 & Supp. 2011); 38 C.F.R. §§ 3.1, 3.151, 3.155, 3.400 (2011). “   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files1/1201318.txt   “The RO received the veteran's new claim for service connection for PTSD on October 5, 1992.  As indicated above, this claim served as the basis for the RO's April 1992 rating action that granted service connection for PTSD, and subsequent, October 2002 rating action that also granted service connection for schizophrenia, and assigned an effective date of October 5, 1992, for the grant of service connection for PTSD with schizophrenia."   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp04/Files3/0423610.txt”    
    • VA CUE Request
      You may need to appeal just on the vertigo issue alone. (It wont hurt to appeal other issues also.)  How bad is your TBI??  
    • PTSD Denied NSC - Schizophrenia NSC
      I sure agree with Dr Mark here:  "It sounds like they are not disputing that fact, but are instead saying that he is not displaying PTSD symptoms (or not many) currently." When I was a vet center volunteer, I observed many vets who were reluctant to detail their stressors and their symptoms for the VA. And I know at least 3 GSW vets who do not consider their GSWs as  a stressor. (Because they had so many more stressors they felt were worse than that)  It is quite possible that he is holding back on talking about Vietnam.I know plenty of vets who have hidden their symptoms when they could. He might have even served with my husband 65-66 out of Danang AB, which he described as a year in Hell on earth. There are multiple indications of PTSD in observed behaviors and the schizophrenia could be even masking them. What surprised me when I worked at a vet center is how many vets there, already compensated for PTSD, would tell me things they would never tell the VA. It often takes someone to draw these veterans out. One vet told me something horrific that could easily have been verified by VA. But he was already getting his proper VA PTSD comp. I told him I felt he should bring it up with his VA shrink because he suffered from it with flashbacks and nightmares. Sharing and Getting things out in the open makes it so much easier to deal with it.But he said he could never tell his VA shrink about this horrible event because she was a woman.I reminded him, I am a woman and he had just told it all to me. PTSD has some unique symptoms. Did the VA give him the Combat related MMPI?          
    • VA CUE Request
      Well, they are proposing a reduction from 80 to 70, they say, because they made an error and paid you twice for vertigo.   I agree their explanation does not make sense.  Vertigo can be a symptom of ear problems, or of TBI.   How frequently do you have vertigo?? Here is 38 CFR 4.87, in reference to Vertigo: 6205Meniere's syndrome (endolymphatic hydrops):   Hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, with or without tinnitus 100 Hearing impairment with attacks of vertigo and cerebellar gait occurring from one to four times a month, with or without tinnitus 60 Hearing impairment with vertigo less than once a month, with or without tinnitus 30 Note: Evaluate Meniere's syndrome either under these criteria or by separately evaluating vertigo (as a peripheral vestibular disorder), hearing impairment, and tinnitus, whichever method results in a higher overall evaluation. But do not combine an evaluation for hearing impairment, tinnitus, or vertigo with an evaluation under diagnostic code 6205.

  • HadIt.com Veteran to Veteran providing FREE information and community to veterans since 1997.

    I am proud that I've been able to offer all that HadIt.com has for free for 19 years and continue to do so. HadIt.com does accept contributions to help with costs we also offer paid ad free subscriptions. None of the paid options are required. The forum, the website, news site and podcast are free and will remain so. If you choose to support the site with a contribution or a subscription it is appreciated but never required. If you choose to make a contribution or purchase an ad free subscription, you can do so here. 

Sign in to follow this  
Followers 0
Cavman

Do You Get Iu Retro?

13 posts in this topic

If you win your appeal, do you get retro pay from the date of the original claim or do you have to ask for that as part of your appeal?

Cavman

Share this post


Link to post
Share on other sites




Retro is based on 38 cfr 3.4 effective date of a claim. It states the date of recpt for a claim or date whichever entitlement arose whichever is later.

Either you will get paid to the day the VA received the claim or when you were determined to be totally unable to work.

Keep an eye on the effective date to ensure they do it correctly.

Share this post


Link to post
Share on other sites

I think the VA starts payment from the first of the next full month after the award date and payment is received the 1st of the following month. So if you applied on 4/15 and they awarded 4/15 as the award date, compensation would begin on the next 1st of the month (ie: 5/1), with payment actually being received on 6/1 for May. Anyone, please correct me if wrong.

pr

Retro is based on 38 cfr 3.4 effective date of a claim. It states the date of recpt for a claim or date whichever entitlement arose whichever is later.

Either you will get paid to the day the VA received the claim or when you were determined to be totally unable to work.

Keep an eye on the effective date to ensure they do it correctly.

Share this post


Link to post
Share on other sites

I am in a situation similar to Cavman. We have filed for IU among many other secondary conditions due to my husbands DMI. This is our first claim since his first evaluation right after service. He has been on SSDI since 1997. I specifically asked the VA in my first letter to them, asking for retroactive payment back to 1997 since he has not worked since that time. Of course, at that time I did not know too much about the VA or had not found this site. The only thing I knew was that if I did not ask for retro, they did not have to consider it. I have read that somewhere.

John, so your saying the VA will pay you retro based on when you were determined to be totally unable to work and you don't necessarily have to request it?

Share this post


Link to post
Share on other sites

You would most likely get retro for IU from the time you applied for it. The VA won't go back ten years just because you had SSDI but had not applied for IU unless you had an informal or applied claim for it. If there is something in the veterans medical records saying he/she is unemployable due to the service connected disability this would be a date worth fighting for to try and get retro. The VA will have to be dragged, kicking and screaming back to the original implied IU date. You need to have something in the VA medical file showing the vet was unemployable and the VA knew, or should have known about it to get a much earlier effective date for retro. If you have an appeal in for an increase and you were unemployable all that time you may be able to get the original date of filing as long as their is no new evidence the VA can claim is the reason for the IU. This is exactly what happened to me. I had a five year old claim for an increase. They finally granted the incease but I had filed new evidence in the meantime. The VA used the date they received the new evidence as my effective date for IU. I filed the claim for increase while I was still employed ,but by the time it was all resolved I was unemployed and unemployable. The main thing is that the VA must have some evidence that you were unemployable in the file at such and such a date to get retro to that date.

Share this post


Link to post
Share on other sites

I think the VA starts payment from the first of the next full month after the award date and payment is received the 1st of the following month. So if you applied on 4/15 and they awarded 4/15 as the award date, compensation would begin on the next 1st of the month (ie: 5/1), with payment actually being received on 6/1 for May. Anyone, please correct me if wrong.

pr

Phillip you are totally correct . The first of the next month after a claim has been decided.

Share this post


Link to post
Share on other sites

You right John- of course-

The VA could award a year prior to the date of claim with good medical evidence of IU but if a claim had never been filed before then there is no way to even CUE it for more retro- as there is no decision to CUE.

I spent much time here today because my woodstove man was supposed to come and clean the woodstove and inspect it-that usually takes a half hour but in the hills of New York, a job like that usually involves a few hours of BS too---this is a very laid back environment.

The woodstove guy's girl friend called me last night to tell me he could not get here today and she said he was looking forward to talking to me about his VA claim-

apparently he filed a claim a few months ago-his first one- due to acoustical hearing loss-and is surprised he has not gotten an award yet-

and he thinks they will pay him back to when he was in a tank operation in Vietnam.

Geez- he is at my VARO- 3 months to 3 years on their decisions-

and I dont know where he got this big 40 years of retro idea-

his girl friend said he had a vet rep but she didnt know who.

Hope it isnt the same one I have had.

Share this post


Link to post
Share on other sites

I filed my original claim Nov. 2005 and was unemployed at that time unable to work.

Cavman

Share this post


Link to post
Share on other sites

If awarded to original claim date, comp would start 12/1/05 and if paid today you would receive 11 months payments.

pr

I filed my original claim Nov. 2005 and was unemployed at that time unable to work.

Cavman

Share this post


Link to post
Share on other sites

I filed my original claim Nov. 2005 and was unemployed at that time unable to work.

If you were unemployed or terminated or left on disability before you filed the claim, they may pay you up to 1 year earlier as the date entitlement arose.

For example, I filed for a claim in June 06 and was paid back to Feb 06 to the date the entitlement was shown. It does not always work that way but it may give you an idea of what to expect.

Share this post


Link to post
Share on other sites

Vets and the public must know the VA is not giving away anything especially not 20-30 years of retro on a claim filed last year. The VA has thought this thing through to deny people like AO vets their due compensation. If an RVN vet develops cancer in 2005 when did the injury occur? In my mind it occurred during service in RVN but that is not the way the VA looks at it.

Share this post


Link to post
Share on other sites

john999:

I think the V.A. knows its rediculous, but they also know we do not have the resources to fight this. With the money and a good lawyer there is no way you would lose the case of proving you contracted the cancer while in Vietnam. The V.A. admits this in having a presumed cancer list caused by dioxin contact while there.

It kind of relates to the PTSD claim also. Does the V.A. think we just started thinking about wasting someone while in combat in our 50`s? We have dealt with the memories and side effects of the memories since the day each situation happened. I do realize combat situations are different. I really don`t buy a permanent disability for a guy in one firefight, but thats another story.

Cavman

Share this post


Link to post
Share on other sites

One of the all time va statements I always see is this" manifest to certain degree" They say a disease has manifest to a certain degree over a period of time.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  
Followers 0