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!
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.
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.
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.
I am 0% for Chronic Sinusitis and 0% for Allergic Rhinitis. For years I have had issues with Bronchitis and Bronchial Pneumonia. A VA physician stated that I was 'misdiagnosed' while on Active Duty. He said that I have Asthma due to Allergies in 2014. Since being treated for asthma my condition has improved. I am now doing immunotherapy (weekly allergy shots). I filed Asthma as a secondary to the Allergic Rhinitis and the VA denied the claim. I am also taking Allegra, Flonase, Singular, and Asthmanex. How can I prove to the VA that my Asthma is related to the allergies? Also, the VA refuses to perform CT of my sinuses for a higher rating.
as the title implies, i have finally received the news that i am 100% P&T no future exams scheduled.
I did this without any VSO's or any help other than that of my family writing "buddy statements".
I am still involved with my treatment plan, though the depression makes it hard to even do that but i just wanted to say thanks to the people on this forum for all of the help, encouragement, and information.
Previously i was at 80% for:
left carpal tunnel- 10%
Allergic Rhinitis 10%
Cystic Acne (due to jet fumes) 30%
My last claimed which i filed on 12/12 and was finalized on 4/4 was for:
For a combined 100% Permanent and Total.
It took 7 years, but here we are. This wil definitely help me and me family, actually this will change our lives. I know thats pathetic, but my situation is extremely somber.
Ok guys and gals, im back after a few months with more information.
So for a little background, my effective date is 12/12/16. It moved to prep for decision in 2 weeks and stayed there for a few months.
then it went back to gathering evidence, at which time i recieved a phone call scheduling me for an exam on march 25.
10 minutes later they called back saying i could come in for an exam tomorrow (which was march 1st).
I attended my c&p exam for bipolar/depression- and the examiner concluded the exam by telling me to go directly to MH because im not mentally healthy or stable.
I have the results from ROI, i scanned them, and posted them online below.
I am currently 80% disabled, none of which are MH related :-( (illness consumed my life beginning midway through my 4 years on AD)
I know im crazy in the head, and this report only makes me feel worse about myself. please dont judge me, im receiving treatment as we speak.
I have asked a lot of questions and i continue to ask alot of questions to learn even more. I think this may be my final question before i file.
So i am currently service connected at 80%
30% allergic rhinitus
10% carpal tunnel
10% cystic acne (due to jet fumes)
Now here's my question.
Back in 2009 i began seeing a shrink for depression. ive been on pills and have gone to a counselor very often ever since.
It is believed that my depression came from the 3 plane crashes that i witnessed. And another 1 that i didnt witness, but i was apart of the HR (human remains) team that shipped the 6 recovered bodies home.
It is also believed that my depression has come as a result of the severe asthma and allergy pains.
Recent my therapist marked me down as bipolar I, fyi.
My question is, do you think i would have a better chance claiming bipolar/depression as secondary to the asthma and allergies.
Or should i just say that ive been depressed from the plane crashes and hr missions.
Or should i just claim depression as its own issue.
please help. Thanks.
I have a question. As it stands I am currently at 80% but things have gotten so much worse for me physically. Well lets just say i just left the mental health clinic again after a two week stay. So i am considering filing to have some things service connected and recieve the other 80% i need to be at 100%
Now it is my understanding that if i provide all of my medical records and nexus letters and other necessary items with my claim, that this can expedite the process. Is this true?
Or is it easier/better to just let the va locate my records. In the past that normally took a year (to locate the records, schedule and attend my C&P, and receive my results). So i really wonder is it going to at help speed up the process if i were to get my records and then send all of that in with my claim??
somebody said it can take months for the nprc to mail out records, which would pretty much put me in the same situation as letting the va locate the records on their own.
So just a general question that I have not actually had a firm answer on. I was given a letter stating my award for 50% disability from the VA. They are reviewing new claim items for a new rating but here is the question. I received my retroactive pay of 836.13$ on July 15. Now, is that the start of my monthly payments or single payment for the time being. My claim filed May 3, and if it's back pay then that's for June from what I understand. So again, with he retroactive pay, will I get paid again starting Aug 1?
Good day all,
i know eBenefits is less credible than my 2yo girl, but mine at least has shown some consistency. Couple questions...
mine is moved to PDA. How can I tell what I'm getting or how disappointed I will be, other than waiting for the official BWE/BBE?
EBenefits, since updating this morning to PDA shows an appointment request was made but no details? Would this be related to closing out my claim or possible that only part of my claim is being worked on while the other is being deferred?
any advice/guidance/insight would be appreciated. Thank you all!!
By Papa Weave
Okay, I retired at the end of 2012 and was smart enough to have my disability paperwork submitted with my clearing. October of 2013 I received my first determination letter stating I qualified for 60%. Nice, but they completely 0'd me on three issues so I immediately filed an appeal with the findings at the end of November 2013. The VA claimed they received my appeal in March of 2014, according to the website. It took until Jul/Sept 2015 for my first appointments to occur to justify or dispute the findings.
I received an extra bump in my account this month (ending June 2016) which caused me to log in to eBenefits and see what it might have been. Good news is, I received my upgrade in disability from 60% to 80%. So, based on the 2016 VA Compensation tables with a spouse and two kids, I will increase to $1839.48 from $1275.09. (http://militarybenefits.info/va-disability-rates/), which is a difference of $564.39. Now I received a lump sum of $3477.92 which is approximately 6.16 months of the difference I should have recovered. By MY calculations, my backdated pay should be from my initial request. I say this because initially they rated my three issues as "Service Connected" but at 0%. Now that my appeal was accepted and those three items were given appropriate ratings, the backdate for my pay should be the initial date of submission. That initial date was 1 January 2013.
So January 2013 to July 2016 should be 41 months of backpay, am I right? With the 6 months I received at the end of June, I SHOULD still receive 35 months of backpay at $564.39 a month, yes? If I am missing something or not understanding something, please drop me a response. Also, how would I go about energizing the VA to make this backpay occur?
Claims Process – Your claim can go from any step to back a step depending on the specifics of the claim, so you may go from Pending Decision Approval back to Review of Evidence. Ebenefits status is helpful but not definitive. Continue Reading
68mustang posted a question in VA Disability Compensation Benefits Claims Research Forum,
GlennieHB posted an answer to a question,
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.