[Va Disability Compensatation Back Pay]

Could the original 1997 denial be CUE? IF the same info was in the record, and they omitted it in the 97 denial, is it a basis for CUE?

Yes the information was there this whole time and again they have claimed each time they have had a decision that they reviewed my military medical records from 1998 to 1996, yet it took a VA C&P examiner in 2015 to finally notice it. Even with the possible CUE from 1996-97 being a possibility I can't even get them to back pay me for the claim filed in 2010.

[Va Disability Compensatation Back Pay]

What effective date did the new decision say for th 30 percent?

Your "back pay" will be based upon the disability percentage with the effective date given in the decision.

What did your Feb 2015 C and P examiner opine as far as the effective date?

Your effective date is the later of the date you applied, or the date the doc said you were disabled.

Did your c and P examiner state your disability had worsened as of Feb. 2015. That is did he say your condition was worse on Feb 2015 than the C and P exam which got you 0 percent, whenever that was.

Here are your possibilities:

1. VA has the correct effective date, they just have not got around to paying you for it, yet. This happens a lot when you retired, as there has to be an audit done.

2. Va has the wrong effective date, and you can file a NOD.

3. VA has the wrong effective date and you can ask the VA to cue themselves.

4. Va has the wrong effective date and you can do nothing. (not recommended).

5. VA has the wrong effective date because the C and P examiner opined that you became disabled in Feb. 2015. The only way to overcome bad medical evidence is with good medical evidence. That is, you likely need an IME/IMO to opine that you had this rash since 1996. He could only do this if he saw your medical records way back when.

Thanks for responding. If all the information has always been in my military medical records and VA has only failed to recognize it then I would think that they at least have to go with the 2010 claim date. I guess I'll have to wait on my rep to let me know what they are planning on doing with this information. I just don't see how VA can go with the last C&P date if it has been in my military medical records. Dates they seen me for the rash while in service was from 1994 thru 1996. It has always been there. It finally took the latest C&P exam for the evaluator to notice it and give the appropriate rating.

[Va Disability Compensatation Back Pay]

Did you file the 1996 claim within one year after your service discharge date?

Can you can and attach that decision here? (cover C file number, name, address prior to scanning it)

That older decision could contain a CUE....no enough info yet to know

The decision on the 2010 claim might be wrong too

I'm not sure I filed within 1 year but when I did file and they denied me for the rash they stated that it was due to the rash not being considered chronic only because they listed 2 dates that I was seen and being that they weren't more then 6 months apart they denied the claim all together. However, after review of my military medical documentation, it is documented that I was seen at various times for rashes over a -period of about 18 months while in service. They clearly didn't review my records as required, otherwise they would of have no choice but to approve the claim. However, back then I didn't know the laws as well and therefore never appealed the decision. My rep believes that it would be a long shot and that my claim for all my other issues would sit in limbo right along side the rash if I was to claim CUE. Therefore, I've just continue to fight my most recent claims. I actually have a PTSD C&P on the 17th of this month. Wish me luck and thank you greatly for your input.

[Va Disability Compensatation Back Pay]

If you filed your NOD in time and kept it alive, they should preserve your original effective date. However, depending on how your rating is worded and the severity of the symptoms that were present at each of your C&P exams, the VA may try and say you met the cutoff for the 30% rating in Feb 2015, but disregard the original exam. The VA may refer to this as a 'tiered rating', adjusted over time based on the evidence of varying degrees of severity. It is pretty common for the VA to low-ball ratings like this. Unfortunately for us, we have to go back and prove that they were wrong from the start.

They probably will attempt the tiered rating however, again, as I had stated that even though I filed claiming the lower extremities in 2010 and they gave me a 0%, I filed the NOD and this time around during the C&P, the examiner seen the other areas of by body that had been affect such as the face or scalp. Being that the VA has a duty to assist and they also stated during each decision notification that they review my military medical records, leaves them at fault for not clearly noticing the information that was already placed before them. It was new medical evidence otherwise I could see them trying this on me. Thanks for your input. Appreciate it.

[Va Disability Compensatation Back Pay]

It is supposed to work that way if under continious appeal. However, the VA is infamous for using wrong effective date. You have to be aggressive and appeal the effective date.

Good Luck.

The VA did the same to me that cost me 27 months of 100% back pay.

Yes, I have a rep helping with my paperwork and we have stayed within the time limits as required by law. I'm waiting to hear back from my rep and how we are to handle this. Thanks for the info and glad to hear that you finally got yours. Appreciate your input..

[Va Disability Compensatation Back Pay]

Please help....

Not sure if this is the appropriate spot to ask the question but any assistance in this matter would be greatly appreciated.

Left service in 1996. File for rash with VA in 1997 and was denied. Filed again in 2010 for bilateral lower extremities. Now there is plenty of documentation to show that I had a rash of the scalp, face, eyebrows, etc while in the military and it was clearly documented. However, when I filed in 2010 I was told due the lower extremities due to that was clearly where the rash was most present. Was finally service connected with a zero percent rating. Filed a NOD and went for another C&P exam of February 2015. The examiner clearly documented the rash of the lower extremities as well as the rash of the upper area of the body (scalp and face). I received my decision letter for a 30% on this for July 2015.

However, I did not receive my back pay from 2010. The only thing I could think is that because I originally file for lower extremities and was approved at 0% that they aren't going to pay for it. However, correct me if I'm wrong. If I filed the NOD and they come back at 30% and the information used to decide the claim wasn't new information, but information that has been clearly in my military medical records this whole time, then they have to compensate me the back pay from the time (2010), that the claim was first filed correct?

Thanks.

101st Airborne Division

Rakkasans

[Locating Documentation]

Can anyone please help me to find the actual documentation within VA policy that states "failure of the VA to evaluate current claim condition during an active stage is grounds for a reversal if the claim is denied."

Any assistance would be greatly appreciated.

Bill

[Introduction]

Thank you for the warm welcome and I look forward to a many a conversations.

Bill

Welcome Aboard, one of my dearest friend is a "Death From Above" fellow, happy to have you with us.

[New To Forum]

Welcome aboard Sir!!!

Wish I could help but I'm so new at this stuff that I am currently in what many would call a learning phase. :)

However, with that being said, from what I've seen since being on this site, there are def. people here who can help.

Best of luck to you.

Bill

[Introduction]

Yes definately an interesting piece of equipment. I was with the 101st during Desert Storm but I have seen many videos of the MLRS in action during the war.

Take Care,

Bill

Welcome Bill!

I was assigned to an MLRS unit for Operation Desert Storm out of the 1st Infantry Division, Fort Riley! Bravo Battery 6th FA~ It was quite a show in Desert Storm when launchers from Fort Sill and my unit lined up and shot over 1500 hundred rockets at the Iraqis! Poor Bastards never had a chance!

B6

[Assistance Needed]

Pete,

Thanks again, for I will do that. My current situation is that I can reopen the previously denied claim as well as getting the back increase. I know that getting the retroactive process completed on the rash is going to be tough as well, but looking at the information I got, I believe that I can do this.

Instead of asking for CUE I would concentrate on getting a higher rating. Once obtained I would look into CUE, Its actually much harder to get CUE than anything else.

Just my opinion.

[Introduction]

Pete, Howdy Sir!!!

Thanks for the Welcome. Glad to be hear. As well thanks everyone thus far for the warm invite.

Yes, I work. The only job that I quit due to my back was a 2nd time job at UPS back in 97/98. I have so many questions and concerns with different situations that I have going on that I don't even no where to began. Thus I filed a 4138 with the help of the Texas Veterans Commissian for Lumbar spine pain and motion limitation. It appears that no matter how my back pain was in the military the Full Range of Motion played a part in determining percentage. I also requested a reopened service connected disability evaluation for rash on left and right lower extremity. After reading the rating decision for the rash which was denied, I have found so many issues, it isn't even funny, plus I've been seen for it many times since being released from the military. I do have copies of my medical records, but not my C File.

Yes, I've also heard that, but this is where I'm not now learning the proper protocol little my little on how to get things a rolling. Ask any questions that you may, for they only force me to become that much more knowledgable in the information being discussed.

Appreciate it Pete!

Bill

Bill:

Welcome to Hadit and thank you for your Service.

I do have a couple of questions.

Are you able to work?

Do you have copies of your Medical Records.

Have you copies or seen your C File which is all the records the VARO has on you claim.

Your rating for the sated condition seems to be low balled.

[Assistance Needed]

Thanks for the respone. I was really unfamiliar with the process when I file in 1997. However would additional complaints and documentation since then from civilian medical doctors be enough for "New and Material Evidence?"

Bigdog

If your decision awarding (or denying) benefits was more than a year ago, then you passed the "regular" appeal review process time limit.

Not timely appealing limits your options, since this claim is now "final" and is not subject to review except by filing a "Clear and Unmistakable Error" claim.

However, if you have "new and material evidence", you may be able to reopen your claim.

Bell vs Derwinski has the "constructive notice" rule, where the VA is considered to have some evidence in their possession, even if they dont. The VA is required to consider all the evidence before rendering a decision, but sometimes its hard to know if they considered your evidence or not.

IMHO you have an "uphill battle" trying to prove CUE, but you might get the claims started again with N&M E....then file for an EED (possibly with CUE) to try to get your retro benefits.

Most VEts work on winning their benefits, THEN worry about the effective date. The VA LOVES to turn a simple thing into a multi step complex process.

[Introduction]

Hello,

My name is Bill, and I'm new to the webiste and forums. It appears there is a lot of great information available to veterans and for that I am grateful.

I'm also honored to be among those who have given their country a great service and fought for the rights that we have today.

I honorablly discharged from the U.S. Army in January of 1996. I was an 11B with the 101st Airborne Division for 4 years. I also went to the Gulf War with this unit during Operation Desert Shield/Desert Storm.

I then reenlisted and entered as a 13M (MLRS) and went to Bamberg, Germany for 2 1/2 years.

I then released from the Army for Lower Back Pain and Spondilytis with a 10% disablity rating. I am currently not receiving disablity compensation and wont until the same amount I was compensated for by the Army is paid back.

I have many issues which I believe all are service related and an now taking an active role in pursuing such issues. I waited to long becuase I have always played the tough guy role, but now I truly undertand the importance of fight for your rights and for the rights of others as well.

I look forward to many a conversations and would be glad to talk with others along the way.

Thank you all again for your great service.

Bigdogg03 aka Bill

[Assistance Needed]

I'm unsure how to start of the question; however, I will do my best to describe the scenero.

Discharged from the Army, January 5, 1996.

Filed a claim for undiagnosed illness for frequent urination and skin rash in 1997. Claim was denied. I am receiving a 10% rating for LBP and Spondylitis.

I have never since 1997 made an issue or filed any claims until now. Upon reading the rating decision from 1997, I have found many issues of concern. VA stated that they used my service records from 1988 to 1995.

On their decision about the rash they stated that in June 1993 and December 1993 were the only two times that I was seen for the rash on my leg. However, after reveiwing my service medical records it clearly shows that I was also since several times in 1994 and 1995 for the rash.

As well, when upon my release and I was seen by VA for the claim they stated that there is some chronic skin changes that may be due to a rash; however the area is heeled and there is currently no rash present. They are suppose to conduct the exam only when the issue is clearly present correct?

As well if I did not rebut the decision then can I still have the claim reopened due to new and material evidence as well as the VA's failure in "Duty to Assist" for they clearly failed to read my entire military medical records during the decision process.

Any help in this matter would be greatly appreciated.