Jump to content


How to get your questions answered.

All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

Tips on posting on the forums.

  1. Post a clear title like ‘Need help preparing PTSD claim’ ...
  2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title ... 
  3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help ...
Continue Reading

  • Advertisemnt

  • Advertisemnt

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Search

  • 0

Effective Date


I first filed my VA disability claim in 1982, but it was closed without a decision because the VSO who did the case claimed that my whereabouts was unknown , yet the same day he closed the case the VA did a C& P master audit of my file and my correct address was in my file for sometime. i never was notified. So after 30 years and my condition getting worse I filed again in 2012 and was denied due to lack of evidence  (most  of my health records where missing) so I appealed with the help from a great American  Legion  rep I was awarded 100% and the BVA judge notied that my orininal claim was wrongfully  closed in 1982, but when rated the RO failed to make the effective date back to 1982. We filed a NOD right away. On June 19th 2017 the VA closed the NOD. Since nothing was ever updated on ebenifts I called the VA on the 2uth of June and learned of the closure and was told a letter would be mailed that was 38 days ago. I called again yesterday  and was told they couldn't  find my anything on the NOD and issued a inquiry.    I am so feed up with the VA. Any help would be appreciated.  Thanks.

Share this post

Link to post
Share on other sites

5 answers to this question

Recommended Posts

  • 0

W57, why are you fed-up with just the VA, you have a finger or two in this Cow Pie.

The American Legion is your "POA" (Power of Attorney) VSO Representation, what do they say?

Do you have ANY VA Decision Letters (the 100% Award) that you could post redacted copies of? Have you or your VSO filed an FOIA request for your complete C-File?

What was the Effective date of the 100% SC Award? Would you mind sharing your BVA Docket #? Did you or your rep file to continue the appeal to the CAVC?

Semper Fi


Share this post

Link to post
Share on other sites


  • 0


    A 1982 effective date for 100 percent is probably something "around" a half million to a million dollars.  And, GS5 or even GS9 rating specialists dont mail out million dollar checks..its above their pay grade.  

    Thus, they deny and you have to appeal, eventually,  probably to the CAVC level, where judges do sometimes render decisions generating million dollar retros.  Personally I doubt you will have a real chance at this without an attorney.  

     The sooner you enlist the services of an experienced Vetrans law attorney, the sooner you will get your retro check for an EEd, IMHO.  

      This is not necessarily "bad", tho.  You see, EAJA pays the attorney fees at the CAVC level when the goverments position is "substantially unjustified".  (As determined by the  court, which is almost automatic when the Vet wins).  

       If you go to CAVC without an attorney, you are showing up to a gun fight with a knife.  You can try appealing to BVA, but I still think an attorney is best given the stakes here.  The VA will make up a bogus denial, for example that you "abandoned" the claim 30 years ago and did not continiously prosecute your 1982 claim.  That is apparently the position they are taking now.        You may have to answer why you didnt say something until 20 or 30 years later.   ...I dont know.... 

Share this post

Link to post
Share on other sites
  • 0

My condition was self medicated for 30 years. I was being treated at the VA but I didn't  have a car or funds.  Back then , I went over 60 miles to the Allen Park Mi  VA and after it was closed down  the Ann Arbor facility. I couldn't get work, I tried school but my condition would interfere. I will try to upload  my file as soon as I can. My  AL rep says wait for the decision on the NOD.  I will say that the 30 years was no picnic! The  fact the VA closed my claim in 82 for lack of knowing my address when they had it when I transferred from Texas back to Michigan I only learned about while appealing to the BVA , and it was included in his decision.  

  Ihave recently contacted my senators office for assistance. Hopefully, they can help. I hope I do not have to go to more, I literally can't.  It is painful to even do this because  it stirs up the memories.

Share this post

Link to post
Share on other sites
  • 0

Its still my opinion, based entirely on experience, that a senator wont help you but an attorney will.  Maybe the idea of a large retro check will make the memories better.  

For me, I lost my home waiting on VA to process my application, and they did the same thing to me.  They trashed part of my application and never processed it.  I finally got my 100 percent, and Im still fighting them for back pay.  

I think I can get enough back pay to buy back the home I lost because of VA doing to me similar to what they did to you.  I have a lawyer now, and she has "a dog in the fight", so she has an incentive to win.  Mostly, I dont mess with my claim, I let her handle it.  If I get a letter from VA, I send it to her.  

Claimants represented by attornies lose just 10 percent of the time.  Source:  BVA chairmans report, here:


Its up to you, but that is what I did, and frankly its working.  We have had "many" success stories here on hadit.  Alex Graham won benefits back to I think 1994, if I recall correctly.  He hired a lawyer, too.  

Share this post

Link to post
Share on other sites
  • 0

So dump the American Legion  rep for a Vet attorney?  Should I wait for the letter?  I looked up the aabandonment rule and really believe that doesnt apply since the VA dropped the ball,  my Dx is for Dysthymia,  I have PTSD,  anxiety disorder, and from  all the stress over the year a 3rd degree right sided bundle branch block. 

I do remember trying to call the VA, but the line was alway busy, or Id be on hold so long the phone bill (no toll free #, back then) would be outrageous!  But the bottom  line, they had my right address all a long.

Thank to all replies 

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   


  • Latest News
  • Our picks

    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.

      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.

      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

      Leading to:

      Post clear questions and then give background info on them.


      A. I was previously denied for apnea – Should I refile a claim?

      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?

      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.


      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • 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. 
    • e-Benefits Status Messages
      e-Benefits Status Messages 

      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
      • 0 replies

Important Information

{terms] and Guidelines