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!
***EDITED TO ADD RATED DISABILITIES******
I hadn't checked Ebenefits in a while because I became frustrated with the change in open claim status from gathering evidence to awaiting documents are past due. I asked my VSO if there was anything I needed to do and he said that it wasn't at our end, but between C&P and VA. All medical records were uploaded by VSO and intent to file was sent within 12 months of retirement (20 years in Navy), so any backpay would be retro to NOV 2016.
So I clicked on the Disabilities TAB, and to my surprise is says, "You have a 100% final degree of disability".
-All of my rated disabilities had effective dates of 11/01/2016 (except the Not Service Connected).
One had been deferred.........."trigger finger right, tenosynovitis thumb right and tenosynovitis index finger right"
Before I update my profile on Hadit:
- Since there are effective dates, do I assume this will be my final rating?
- Since my claim is still open and gathering evidence (I assume from the one deferment) will this delay the closing of the claim?
- If the deferred item does not effect the overall total disability (don't think there is higher than 100%) would that delay payment or backpay?
- Should I expect payments anytime soon or not expect anything till the deferred item is complete? Is backpay and disability withheld or initialized now since it is at 100%?
I guess I am just looking for a timeline....something like, "Matt, don't even look at that anymore. You have like 2 years before anything hits your account." or "Yup, you should be seeing a payment by next month and backpay two weeks after that!!" (I like that one better!!)
I think it is worse now that I looked at the damn disabilities tab.........I feel like I am assuming too much and am gonna be one of those Vets that stare at my email waiting for the "deposit posted" email.
Here is a screenshot of what is listed on Ebenefits:
Thanks to all that respond and to all that are on here helping. I hope my post helps others find answers as well
Hey folks new here
I was Diagnosed with adjustment disorder with anxiety and depressed mood / occupational problem.
I tried to file for benefits IDK if I did before I got out. Someone told me to go to the VA and I did they told me to go see a private doctor and then apply.
I was broke within a month after I was discharged and never saw a doc for about 7 years.
I finialy hit a rock bottom so I applied anyway with 17 different Ebenfits Problems.
I also have not recieved a letter notifying me of the decision.
I recieved a letter saying I qualified for disabled va life insurance
I recieved a call from va health care welcoming me to va health care
Disability Rating Decision Related To Effective Date drug abuse Willful Misconduct phobic anxiety disorder unspecified also claimed as (nervousness, bipolar disorder, memory loss, and post traumatic stress disorder (PTSD)) 10% Service Connected 06/09/2017 eye condition, left eye Not Service Connected sleep apnea Not Service Connected non-specific digestive complaints Not Service Connected alcohol abuse Willful Misconduct right wrist condition Not Service Connected back condition Not Service Connected nutritional deficiency Not Service Connected
so After this Im Considering appealing For either more benefire or retro pay. since I dont remember If i filed for va compensation before i was discharged I know I spoke with the VA IDK how to find out if I did.
I also have A VSO who wouldnt answer an email from me but ID like to know if I could get any GI Bills I was give an GENERAL(UNder honorable conditions) discharge and donno if it could get upgraded.
Either way I never expected to get service connected years later im just learning about all this stuff now years later
What's up Fellow Vets,
I have a question about back pay. I was medically discharged from the Army in 2004. In my VA paperwork, prior to discharge, I claimed my asthma ( which I am 30% sc) and my left hamstring stains. I was approved sc for my asthma (30%) but my the claim for my leg was denied because they said it wasnt a chronic. Since my discharge, I have re-injured the same hamstring at least 2 times a year. I am currently receiving physical therapy for the same hamstring at the VA hospital. I noticed on Ebenefits that my claim for my leg was still there waiting to be reopened, so i clicked the option to reopen my claim. Do you think I have a case for my leg? If so, do you think this will qualify for back pay since the original claim was filed in 2004?
Thanks for the advice.
By Wayne TX
Got a question....I filed five NODs 17 months ago....... eBenefits under Open Appeals for these 17 months just said - Appeal Pending -Notice of Agreement received and dated. Well, sometime over the past week days that changed to Appeal Pending - Statement of the Case (SOC) VA has received your Form 9 and will begin completing final actions regarding your appeal before it is sent to the Board of Veteran's Appeals. I requested a DRO Hearing when I filed NODs. Is this just routine procedure to be sent a Statement of the Case at this stage? I have not received a DRO Hearing date yet?
I had an earlier BVA decision where I was granted an increase in my rating. In the decision they did not rate my IU because they said I did not perfect the appeal or something like that. I was denied IU by the regional office while by claim was on appeal at the BVA and according to the fast letter if this happens the IU claim is supposed to become part of the pending appeal in DC. Therefore they should have taken in consideration my IU claim as well as my disability claim that they rated even though they didn't have the perfected appeal or the form 9 for IU. So I am thinking of asking for a Motion for Reconsideration for this issue and would like to know if there is a certain format for these types of letters or do I just include the laws that were not followed and the evidence? I tried searching for a letter but was not able to find one. If anyone knows any help would be appreciated. Thanks in advance:)
Sorry if this has been addressed before, but I was not able to find an answer anywhere else.
After collecting dust for 480 days after filing an NOD with a DRO, my appeal has apparently entered a "Review" phase. According to the VA rep, the electronic system had a new note entered into my file a few weeks back stating that a DRO had begun to review the file. Can anyone offer insight into how long it could take from here to get to a DRO decision? I understand it depends on what else the DRO has going on and how complicated my appeal is, just wanted to see what others' experience has been.
Appreciate any feedback.
I am rated 100% for PTSD will going to groups cause me to lose my rating?
I was hospitalized and they encouraged me to go to groups. They encouraged me to go to a rec therapy group and my psychiatrist over the phone encouraged me to attend a nightmare group. This is hard for me to do but seems like a step worth taking. My concern is they will take away my benefits the instant I attend a group. Is it true that you lose your benefits for attending a group?
Hi everyone! Hope all is well. I just wanted to stop in and say hello. I haven't been on here since late last year. Life is going good. As most know my story and it was a doozy, I finally got everything I deserved! Overall 90% and I couldn't be happier. It took a lot of hard work and sleepless nights and a lot of C&P exams and fighting the VA but I prevailed. I was thankful for this sight b/c without it I would have never met a great guy that helped me with the final phase of my rating. I am now just waiting on an EED for my contentions but I am really not really worried about it and if it happens great and if not, I am good.
Don't give up EVER!
ALCON: please excuse any unintended etiquette breaking on my post. I stumbled on this forum yesterday while googling about a problem with UPS the VA and medication delivery (different issue, still angry, don't get me started). This forum is massive! I some difficulty navigating it but attempted to read pinned posts and follow rules.
BLUF: I incurred an injury during service, I've been fighting to get it added to my claim. I'm currently at 90% and the injury is so significant it will push this to 100% (yes, I've done the VA math on this). What do you do when it keeps coming back "cannot find evidence in medical history of injury incurred during service."
It took me 4 years to find the RIGHT diagnosis, it was documented during the medical trauma that I had difficulty with walking, pain in the area where the damage was eventually known to have occurred...2 years of Army docs commenting on my back (clear radiological findings there...no argument about the 8 herniated discs) and ALSO commenting that 'other processes or injury' may have occurred because where some of the dysfunction was, did not match the nerve paths. I have two independent letters from two civilian specialists and my own VA primary care doc (also a Veteran) has written his opinion in the medical chart. I have the correct DBQ filled out from a specialist and the initial letter I got I asked her to write the words "it is more likely than not that this occurred during her medical treatment as it can only occur in traumatic injury
GOOD LORD...what do I have to do...print it out, highlight it and walk it down to regional and shove it at them? (not really, I will not do that, this is internet frustration and hyperbole)
How can I read what the Dr.for my C&P wrote down? I also see other V.A.dr's. Where or how can I read their notes?By pctinc2001
I was hoping that someone can tell me how and where I can read the notes from my C&P or any of my notes from my Dr.'s appointments. Thanks in advance.
SO MY QUESTION IS,, IS ANYONE ELSE OUT THERE WAITING ON THE JUDGMENT OR DECISION FROM A JUDGE THAT HAS ALREADY HEARD YOUR CASE?
THE REASON I ASK THIS IS BECAUSE,, MY CASE WAS HEARD IN MAY OF 2015 AND EBENNIES SAID AT THE TIME THAT MY APPEAL WAS WAITING FOR A JUDGE TO HEAR IT. FAST FORWARD ALMOST 2 YEARS AND EBENFITS STILL SAYS MY CASE IS WAITING FOR SCHEDULING TO BE HEARD.
WHEN I CALL BVA THEY TELL ME THAT MY CASE HAS NOT GONE TO THE JUDGE YET FOR A DECISION...
EBENES HAS ME STILL STUCK AT SCHEDULING FOR HEARING DATE.
WHAT SHOULD IT SAY ON EBENNIES IF IVE ALREADY HAD MY CASE HEARD AND IM WAITING ON A DECISION?
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,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.