I appealed for an earlier date for PTSD and Individual Unemployability. I received my 100% December 10, 2010, and appealed to the date I originally applied for benefits (November 2007). I just received the Order approving both but the Order states "It is granted, subject to controlling regulations governing the payment of monetary awards".
Does this mean that I get no back pay - as I didn't receive any back pay - just got the approval from Veterans Law Judge, Board of Appeals. Should I appeal the fact that I received no back pay?
Any help would be appreciated!
I have just received my rating for 2 items at 20%..........Now looking at my rate, I noticed that I have 3 in deferment.....My award is the rate for 20%......What does this mean? there is no pending c&p noted on the deferred items. All it did was push my date for those items May 28- Jun 29th 2018 but I will be getting back pay from may 31 2017 for the 2 items they rated me on. But on the other hand I'm looking at this.......effective date of change.....With my other items, plus unemployable which I noted is not even listed under disabilities, but is listed under my claims.. I left out certain items intentionally since they are not what concerns me. What does all this means? Any helpful explanations would be grateful.
Include? Information Value Include the information in this row You have one or more service-connected disabilities: Yes Include the information in this row Your combined service-connected evaluation is: 20% Include the information in this row and the one below it Your current monthly award amount is: The effective date of the last change to your current award was: $269.3 December 01, 2017 Include the information in this row You are considered to be totally and permanently disabled due solely to your service-connected disabilities: No
Disability Rating Decision Related To Effective Date hallux valgus with hallux rigidus, left foot (claimed as left foot condition) 10% Service Connected 05/31/2017 scar, left great toe
10% Service Connected 05/31/2017 posttraumatic stress disorder (also claimed as alcohol abuse, anxiety, depression and mental disorder) Deferred pes planus, left foot (claimed as left foot condition) 0% Service Connected 09/23/2017 seizure condition Deferred
spinal meningitis Deferred Pending Disabilities
Disability Submitted Type Actions Seizure Disorder (related To: Ptsd - Personal Trauma) 08/16/2017 REP Spinal Meningitis (related To: Non-ptsd Personal Trauma) 08/16/2017 REP Mental Disorder (related To: Ptsd - Personal Trauma) 08/16/2017 NEW Anxiety Condition (related To: Ptsd - Personal Trauma) 08/16/2017 NEW Alcohol Abuse (related To: Ptsd - Personal Trauma) 08/16/2017 NEW Depression 08/16/2017 NEW Foot Condition Left 08/16/2017 NEW Ptsd Personal Trauma 08/16/2017 NEW Unemployability 08/16/2017 NEW
CURRENT STATUS: 100% P/T
CLAIM SUBMITTED: 14 JAN 2015
INFORMAL CLAIM SUBMITTED: 26 NOV 2013
INFORMAL CLAIM RECIEVED LETTER DATED: 16 JAN 2014
PROOF of INCORRECT EFFECTIVE DATE IN CLAIM SUBMITTED 14 JAN 2015
1. 21-526EZ LINE 5 - Have you ever filed a claim with the VA?
Yes box checked
"Informal Claim" handwritten in box
2. 21-526EZ LINE 9
Handwritten inside box:
NOTE: Attached is copy of DUA letter dated Jan. 16, 2014 stating I had to submit this formal claim "within one year from the date of this letter" January 16, 2014. I am of the opinion that this submittal meets the requirement to use date of informal claim as the effective date of claim for this submittal.
3. 362/LM - INFORMAL CLAIM RECIEVED LETTER Dated 16 JAN 2014
Title of Letter: "IMPORTANT -- reply needed within 1 year"
Relevant Text of letter:
a. 'We received your request for VA benefits on November 27, 2013. We consider this request as an informal claim for benefits.'
b. "If your completed application is received within one year from the date of this letter, and we decide that you are entitled to VA benefits, we may be able to pay you from the date we received your informal claim."
4. VA FORM 21-4138 STATEMENT IN SUPPORT OF CLAIM
Dated: 26 NOV 2013
"INFORMAL CLAIM FOR THE FDC PROGRAM
I attend to apply for compensation benefits under the FDC Program. This statement is to preserve my effective date for entitlement to benefits. I am in the process of assembling my claim package for submission"
On 17 APRIL, 2014 I was at the mental clinic at the VA. I was homeless at the time so they sent me to a social worker. The social worker I believe had me fill out a form for an emergency pension. I'm not sure what I filled out exactly-not a very clear time of my life. In my paperwork I have, I see I received another informal claim letter reflective this date of 17 APRIL 2014.
1. Could opening a CUE appeal impact my current 100% P/T status? If there is any chance of this I do not want to submit a CUE at all. I just want my effective date reviewed, nothing else. Is that possible or does the whole claim get reviewed?
2. Is there someone I can contact at the VA to see why they decided on the effective date I have right now? Maybe I'm missing something and I didn't follow the rules correctly. Maybe whatever I did on 17 APRIL 2014 impacted my effective date/but even then, wouldn't my effective date be 17 APRIL 2014?
3. In your opinion, do I have a case for CUE?
4. How long does the CUE process take in your best guess?
Please include any other advice or information, links that might help me.
Side note: It goes without saying, but I would like to say it anyway; thank you so much for making this forum a resource for not only myself, but for all veterans. You guys are truly helping; THANK YOU.
i've been to the va doctors on several occasions with severe back pains. I've noticed that they never assigns bed rest but will give me a note for time off from work. Can I use the Dr's note for time off under their claim to help me when I file for an increase? Or do I just ask for bed rest.
Is there a way I can service connect my diabetes and my sleep apnea. I have been suffering from sometimes severe back pain from a service related injury. How can I connect the two if was never mentioned in my service records. I injured my back while on a rotation at NTC. After injuring my back i was on a profile for the last 16months, before they Chaptered me for weight control (218lbs). Before my injury I never had a problem with my weight. when I finally got my c-file i learned that i was up for the MEB, but they chaptered me before that. Again, how can I sc diabetes and sleep apnea?
Improper handling of 1999 VA Compensation Claim
I will do my best to present this in a short and respectful manner. I will do my best to truthfully represent all facts and evidence as it was presented in 1999 VA Claim. It is therefore I am seeking help in identifying any missing documents, missing evidence, non compliance of VA Regulations, etc...
I will post the photo copies of the record on my C-file which I received in 2015. I will present the Claim as it was filed through the local VSO in Farmerville, Louisiana County/Parish: Union
VA Compensation Claim for Albert Dodd
Dated: 15 June, 1999
Copy of Claim Submission: ** ( All files are in PDF format and saved to my Google Drive ) ** ( View Only ) **
VA Claim submitted on: 15 June 1999
VA Claim Received on: 18 June 1999 ( Dept of Veterans Affairs New Orleans, LA )
VA Form 21-526 Pg. 7
VA Form 21-526 Pg. 8
VA Form 21-526 Pg. 9
VA Form 21-526 Pg. 10
Authorization and Consent Included:
VA Form 21-4142 Pg. 1
VA Form 21-4142 Pg.2
** ( Notes of Interest ) **
Supporting Evidence Attachments:
1) Certified copy of DD 214
2) Copy of Discharge Account Summary ( Severance Pay ) ** ( My Certified True Copy from SMR ) **
3) Copy of Findings of the Physical Evaluation Board ** ( My Certified True Copy from SMR ) **
4) Copy of SMR's to support S/C Claim
** Physical Evaluation Board Decision **
All Evidence and Supporting documents where sent in along with the Authorization and Consent ( VA Form 21-4142 ) for Release of Medical Records on June 15, 1999
**** Dept of Veterans Affairs New Orleans, LA ****
Intake of Evidence for VA Claim for Compensation for Albert Dodd
Dated: 18 June 1999
**** Timeline for Review of Evidence and Decision ****
June 18, 1999 VA Claim Received
June 25, 1999 VA Claim Reviewed
July 08, 1999 Rating Decision ( R.M. LaCOMBRE, Rating Specialist )
Rating Decision Pg. 1
Rating Decision Pg. 2
Rating Decision Pg. 3
July 10, 1999 Compensation and Pension Award **( VA Form 21-8947 ) ** Signed into record
July 12, 1999 Notice of Decision mailed out **( Cover Sheet ) **
**** Questions for CUE ****
1) Duty to assist **( Did not attempt to help get copies of Hospital stay )**
2) Duty to assist **( Failure to assist by not scheduling a medical exam for current medical condition(s) )**
3) No Development Letter **( Failure to Notify Veteran of any further evidence needed to substantiate Claim )**
I Albert Dodd do swear that all information is correct and included. If you or someone you know has information that would help me in getting the VA to correct this wrongful Decision please post your comments.
After 2.5 years, the VA finally processed my NOD which resulted in a 100% rating. I’m very grateful for the help and feedback from Hadit over the past few years. However, I have one more favor to ask. I received retroactive pay based on the effective award date, but it was half of what I expected. I calculated approximately $30k in reto pay vs. the $16k that the VA calculated. Since the NOD took 2.5 years, I had other claims that were processed and awarded during this time, which is outlined below with the effective dates. The sleep apnea claim is the one for the NOD.
The calculator that I used to determine retro pay is https://www.hillandponton.com/va-retro-disability-calculator/
Old (without sleep apnea)
New (with sleep apnea)
Would someone more familiar with retro pay be able to tell me if my math is correct?
I HAVE A QUESTION!
What is the required form to file a claim under 38 CFR 3.361 "Benefits under 38 U.S.C. 1151(a) for additional disability or death due to hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program." required by 3.154?
OK first off this is my first post and I know from previous sites I need to get down the proper etiquette on a forum so don't bash me to hard. Second how do I get rid.of all the ads on the site? Anyways my question is i am I. The gathering evidence stage had my c n p a 2 months ago and I was looking at the examiners notes . said direct service connection and the diagnosis was clarification of the adjustment disorder assigned in service. I started obsessing over my claim like of most of us all do and as I was fumbling through my records I saw records before I was in the army for mental health showing I had an adjustment disorder. I was on tricare being an army brat so I guess they are all on the system. My question is will the raters see that I had an adjustment disorder prior to service? Did the c n p examiner possibly see that I had an disorder? And how much will this affect my direct service connection ? Would they possibly change it to aggravated? Adjustment disorders last up to six months so mine was technically over before entering the service I just don't no if I will be getting jwrked around and denied for some pre existing disorder they found that is clear and unmistakable.....
I have a question that I have not been able to get an answer to from anyone. I am 30% service connected for Knee that had a total knee replacement in Dec 2015, I received 13 months temp 100% and than received my 30% for the knee. Knee never worked right and Dr recommended a revision of the total knee replacement done in 2015. Had revision done to my previously totally replaced knee on 25 July 2017, surgical notes list surgery as revision left total knee arthroplasty. Surgeon had to completely remove and replace all prosthetics and components from previous knee replacement, plus added some more. Surgeon told me this will be a harder, longer, recovery than my first total knee replacement. My main question is do I receive the 13 months temp 100% for the revision of total knee, just like when a total knee replacement is done? If so do you file the claim just like for a total knee replacement, is it as easy as that? Anything special that I need or they require to grant it? Does VSO need to do anything special? Is it as cut and dry as it is when filing for the 13 months temp 100% for total knee replacement? Anybody have any experience or advice on this, I would really appreciate it. I just had the revision and I have great anxiety over this going smoothly. Don't know how I will provide for my family if it doesn't, I'm going to be out of work for a long time on this. I'm filing next week when I get all my surgical records with my VSO, so could really use some input.
I have a question...I was medically separated after 14 years of service in 2010 at 20% DOD and 60% VA. After 2 years of fighting I was bumped up to 90% and then after another couple of years I finally got to 100%. My question to you guys is if I were to go for my the extra 10% on the DOD so I can apply for medical retirement would it effect my VA compensation? could I get both a retirement check from the Navy and the VA every month? would I have to pay back any money? Thank you for all the help.
Thank you for taking the time to look into my situation. I will try to keep this on point as best as possible. I was discharged medically (USMC) in January 1989. The medical board gave me a 10% service connected disability (compensable). After 6 months of being home, I received a follow up letter from Tampa VA. I attended this follow up, and the doctor who looked at me, said “oh you’re fine, I will bring that down to 0%”!! I was furious at how I was played by the system, so I began fighting the system (Congress, 2nd Marine Division, White House, you name it).
I received a letter dated July 1992 from a VA Adjudication Officer, stating that they have reviewed by medical board examination from 1988, and found that I met the criteria, and therefore, I was given back the 10% compensable disability. I do not recall filing a claim during any of this time, and I believe all of my calls and mails (no access to email at time), were effective in resolving this.
I never received a dime from the VA for anything. I have kept this letter all of these years, and just a few weeks ago, I found this in my strong box stored in my warehouse. After reading it, I decided to hit the trail again. I took it to the DAV locally, and he called the VA in my presence. After the call, he said that they confirmed that my disability was approved in May 1991, and stopped in March 1994. These dates were confusing, as my VA letter which originally confirmed the disability, was dated July 1992. As for why the disability ended in 1994, I have no idea. I have no records of appeals, denials, or anything of the sort.
The DAV Officer said that according to his conversation, the VA would owe me from the date of May 1991 to March 1994, but I would have to fill out a Form 21-4138 (Statement in Support of Claim). On this form, all he said to write was (Statement that I never received compensation, and that I have no record of appeals).
This is where my questions and concerns come in. If the Marine Corps medical review board determined this 10% disability in 1988, shouldn’t I be compensated from that date to the present? Again, I have no other records, other than the letter from VA Adjudication Officer dated July 1992. Overall, it is easy to see the roller coaster of events:
1988 - Medical Review Board approved discharge based on injury rating of 10%
(Never received a dime of compensation)
1989 – Tampa VA follow up visit on injury
(Doctor said I was fine, and dropped the 10% to 0%)
1991 – Apparent approval date conveyed by VA and DAV
(I have no record of claim filed, other than memory of my calling and mailing everyone in the command structure to slap the VA for reducing my disability 6 months after my discharge)
1992 – Received letter from VA Adjudication Officer awarding a compensable 10% disability
(based on medical review board findings in 1988)
1994 – According to feedback from DAV, the VA conveyed that I was awarded the 10% compensable disability in May 1991, but due to appeal, this was brought back to 0%.
So if you look at the roller coaster of being approved, denied, approved, approved, denied, it is pure silliness. I find it hard to trust even the DAV, and I could be very wrong with that feeling, but because of how screwed up the VA is, I am worried that the DAV officer may be poorly directing the filling out of this Form 21-4138. Do you have any advice on what I should write on this form? I am trying to stay away from bringing an attorney into this, because they will take 20-30% of whatever is due. I have already been told that they owe me from 1991 to 1994, but my case is I feel they owe me from date of discharge to the present. Any helpful information you can provide on how best to fill out this form, would be greatly appreciated. Thank you.
By Mike G FL
First thank you for creating this page. It's been a twenty years fight and reading these pages has made me feel for the first time I'm not alone in it. Active Army 88-92. Last six months in Egypt on a MFO tour. While there I got very sick. It was my last six months of service and ETS two weeks after returning to FT Drum. Six months after I got out started get sick again. Diagnosed with Ulcerative Colitis. Fought it for two years but lost and had my colon removed. Started developing other issues very similar to what they were calling Gulf War Syndrome. Applied for DC in 1997. I was denied do to lost medical records. Applied again in 2004. Again denied because of lost records. I had no new evidence to appeal and given up any hope. Family convinced me to try one more time this year. Just had my exam and they found my records. They made service connection. Now my question is, because they found service connection with my service records do I have case for cue going back to 1997 since they lost my records for twenty years? Also should I fight my rating first then go after the back pay? I'm not sure what to do next other than get an attorney. Sorry if this is too long and if this has been addressed already. I couldn't find a similar question or case. Appreciate any help or advice.
Hey everyone I am new to this and I just filed my claim for PTSD/mst claim in january 2017 and I have been so stress out because I have been reading about claims being denied and low balled and such. My question is i just received my C&P exam which was done by VES. I got a copy of it from my Marine Core League organization. I had a question as to the exam results it says I am occupational and social impairments deficiencies in most area. and then it list the systems which I have symptoms from 70 50 and 30 percent and they are equal to each other. I am confused does that mean they are going to give me the 30 rating because there is no one percent more than another. I guess how can you be deficiencies in most area when I have symptoms from each percent. the exams stated that ptsd and mdd are aggravated from the military services. I guess do i not quality for the 70 or is pretty rare to be in 70 do you have to more on the 70 to be rated at that.
he checked depressed mood, anxiety, near continuous panic or depression affecting the ability to function independently, flatten affect, disturbance motivation and mood, difficulty in establishing and maintaining effective work and social relationship, and inability to establish and maintain effective relationship. but he put me under the MDD recurrent severe, and mst. could someone please let me know what they think.
68mustang posted a question in VA Disability Compensation Benefits Claims Research Forum,I was rated at 10% for tinnitus last year by the VA. I went to my private doctor yesterday and I described to him the problems that I have been having with my sense of balance. Any sudden movement of my head or movement while sitting in my desk chair causes me to lose my balance and become nauseous. Also when seeing TV if there are certain scenes,such as movement across or up and down the screen my balance is affected. The doctor said that what is causing the problem is Meniere's Disease. Does any know if this could be secondary to tinnitus and if it would be rated separately from the tinnitus? If I am already rated at 10% for tinnitus and I could filed for Meniere's does any one know what it might be rated at? Thanks for your help. 68mustang
GlennieHB posted an answer to a question,I have a 30% hearing loss and 10% Tinnitus rating since 5/17. I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating. Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive. I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties. I don't know whether to file for a TDUI, or just ask for additional compensation. My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help. Does anyone know which forms I should use? There are so many different directions to proceed on this that I am confused. Any help would be appreciated. Vietnam Vet 64-67.
If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.
What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?
What,if anything, was listed as a contributing cause under # 2?
Was an autopsy done and if so do you have a complete copy of it?
It can be obtained through the Medical Examiner’s office in your locale.
What was the deceased veteran service connected for in his/her lifetime?
Did they have a claim pending at death and if so what for?
If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major physical contact with C 123s during the Vietnam War?
And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
VA C and P Exam – Do’s and Don’ts – VA Compensation Pension Exam
The following is written from a VA Compensation and Pension Examiners perspective relating to psychiatric exams. It is a good guideline for all exams but I only did psych exams. I’ve been examined by the VA for multiple problems and this is my format when I go to be examined. A little common sense and clarity ...