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Help with Effective Date of Disability Appeal-related Back Pay

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prophetmom

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Hi to All, 

In full disclosure, let me begin by saying that I am not the veteran in question...I am the 22-year wife of a veteran with Schizoeffective disorder. He served his country with distinction in both he Army and the Air Force. To make a long story short (I hope), he was so traumatized when he left the military (they gave him a psych discharge; he served in Desert Storm and had a breakdown over there) until he did not want to deal with anything military or veteran related for a long time. I bring this up because he waited until 2008 (when his condition had gotten unbearable, we were in financial dire straights, etc.) to even begin to look at getting benefits again. As luck would have it, at that time, the VA had just finished deducting from the benefits they WOULD HAVE given him had he been receiving a month check to pay them back for a large lump sum ($20,000 or so, I think) when he separated from the military (My apologies; I am a civilian; I do not know all the formal terms, etc.). Prior to 2008,they awarded him only 10%. In May 2008, that was increased to 30%. Ladies and gentlemen, this is where it gets all fuzzy for me...I had cancer during this time, we had a son with autism, my husband had highs and lows...I really do not remember all of what transpired because it took so long for anything to happen. The bottom line is we got a thick court case-looking document in the mail last month saying in the Conclusion of Law section the following: "For the entire period on appeal, the criteria for a disability rating of 70 percent, but no higher, for schizoaffective disorder are met." My question (finally) is...What is "the entire period on appeal"? I see a line in here that says, "In the June 2010 substantive appeal..." Is this the appeal on which this ruling is based? Then there were 2014 dates, too. It is all so confusing. Any help  you can give will be greatly appreciated.

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Well, unfortunately you can not rely on ebenefits.  So, I wont speculate on that.  But if you got your BVA decision, then if VARO does NOT implement it, then come back on hadit and one of us will try to tell you how to file a writ of mandamus to compel the VARO to comply with the BVA award order.  

Ok, here is the way to stop knee jerk worrying, and it works with other kinds of worry also.  

First, understand that "faith" beats fear.  Everytime.  Yea, I know its easy for me to say that, now that I have my 100 percent.  But I did not always have that, in fact, I did not even have a home.  

My Sunday School teacher suggested setting aside an hour each week just for worrying.  Probably, say, Saturday Afternoon around 4-5.  I told him that was a good idea.  However, when Saturday rolled around I was busy and forgot to worry, as I explained to him.  He said that is ok, you can just worry double the next Saturday Afternoon.  

So, set aside next Saturday from 4 to 5.  Make a list of all the worrying you want to do.  Worry about your health, finances, family, heck worry about getting hit by an asteroid, or being engulfed in a sink hole.

Worry about your kids or grandkids getting addicted to Fidget Spinners if you like!  

However, during the "other" 167 hours per week, do something more productive with your time, other than worrying.  ALMOST anything will do, you can pick from this list, or make your own.  

1.  Call a friend and tell em you love them.  Set a time to get together. 

2.  Have an intimate and deep conversation with your hubby.  Tell him your feelings and listen to his. 

3.  Forgive someone you wanted to forgive long ago.  

4.  Plant a garden. 

5.  Help a stranger.  

6.  Help a neighbor or a friend.  Hey, maybe bake them a cake, or donate something you like, but no longer need.  

7.  Go fishing.  

8.  Get another hobby. 

9.  Read a great inspirational book or see an inspirational movie such as "Facing the Giants"

10.  Play ball with your kids or read to them.  

11.  Do something else you wanted to do for a long time but put it off as you did not have time.  

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45 minutes ago, broncovet said:

Well, unfortunately you can not rely on ebenefits.  So, I wont speculate on that.  But if you got your BVA decision, then if VARO does NOT implement it, then come back on hadit and one of us will try to tell you how to file a writ of mandamus to compel the VARO to comply with the BVA award order.  

Ok, here is the way to stop knee jerk worrying, and it works with other kinds of worry also.  

First, understand that "faith" beats fear.  Everytime.  Yea, I know its easy for me to say that, now that I have my 100 percent.  But I did not always have that, in fact, I did not even have a home.  

My Sunday School teacher suggested setting aside an hour each week just for worrying.  Probably, say, Saturday Afternoon around 4-5.  I told him that was a good idea.  However, when Saturday rolled around I was busy and forgot to worry, as I explained to him.  He said that is ok, you can just worry double the next Saturday Afternoon.  

So, set aside next Saturday from 4 to 5.  Make a list of all the worrying you want to do.  Worry about your health, finances, family, heck worry about getting hit by an asteroid, or being engulfed in a sink hole.

Worry about your kids or grandkids getting addicted to Fidget Spinners if you like!  

However, during the "other" 167 hours per week, do something more productive with your time, other than worrying.  ALMOST anything will do, you can pick from this list, or make your own.  

1.  Call a friend and tell em you love them.  Set a time to get together. 

2.  Have an intimate and deep conversation with your hubby.  Tell him your feelings and listen to his. 

3.  Forgive someone you wanted to forgive long ago.  

4.  Plant a garden. 

5.  Help a stranger.  

6.  Help a neighbor or a friend.  Hey, maybe bake them a cake, or donate something you like, but no longer need.  

7.  Go fishing.  

8.  Get another hobby. 

9.  Read a great inspirational book or see an inspirational movie such as "Facing the Giants"

10.  Play ball with your kids or read to them.  

11.  Do something else you wanted to do for a long time but put it off as you did not have time.  

Oh, my goodness, @broncovet! Thank you so much. I will change my way of thinking and follow your advice about worrying and how to handle it :) . When I hear...one way or the other...about the retropay and increased monthly benefits...I will come back on and tell you all all about what happened :) . Thanks!

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im not a legal guy but,,, from what i read the top states that you appealed a 30% increase. so then when ever you filed for increase of the 10% is what the date of this appeal awarded you. another words... the day the VA received your request for increase. thats my opinion 

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The VA obviously owes you some cash...!!!!!!!!!!!!!!!!!!!!!This is quite a win! It is hard for me to determine how much because of whatever they deducted already due to his separation payments.

"the VARO dispute the finding/ruling of the Board and not give us the retropay or the increase? "

No they cant but sometimes they try to pull crap like that.

"so, what do we do if that happens? I sure hope it doesn't. We really need this money."

That can be fought with a CUE claim...or even a call to the White House Veterans Hot line:

1-855-948-2311

But I don't think the VARO  will mess around with this award. We can help if they do.

Thanks for posting this Prophetmom- I am sure this will inspire others who have inservice mental health disabilities.

I was going to ask you just for the Decision # and Citation #...but you posted the whole thing and it is quite a good read.

Just to add to what Broncovet said.....and that is a Great list he gave us......

I lost 2 disabled vet husbands and did a lot of worrying about them when they were sick until I realized I could ask God to worry for me , maybe just for an hour day, to get it off my mind and it helped a lot.

This is a great decision!!!!!! I need to read it again!!!!!!!!!!!!!!!

 

 

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