DVET

Thank you Phillip and Broncovet for your reply's. Before retiring on disability in 2/2006 I only had 20% disability. I was awarded 10% for each lower extremity for radicopalthy. I NOD that decision askiing for unemployability and increase for back, and bipolar. Awarded increase from 20% to 40% for back and allowed to keep 10% for each lower extremity for 50%. Informed in 2010 from appeal with SS disability while unemployed fully favorable and granted. I filed current claim with VA for depression and unemployability awarded only 50% Dysthemia. So now I am 80% from 20% I am grateful for that rating from VA but I can't help but think if I knew better I would have received unemployability while I couldn't work back in 2/2006. I did give them Dr. Notes for over a year saying no work, which is why I retired on disability. I'll let you know what DRO says. At this point I hope they at least at a minimum award the Dysthymia back to 2007. Thank you so much for your reply's.

Sorry, I did mean deferred for unemployabiliy and later denied. I was only awarded Dysthmia in August and deferred on unemployability, which was denied in September 2012. Since it was on the same claim I filed the NOD for an earlier effective date for the Dysthmia. I went back to work in October 2008. I was on disability retirement from Feb 2006-Oct. 2008. I have been submitting claims since Feb 2006 most denied. My claim for unemployability is only for the time frame I was out of work due to a fourth back surgery. I received ssa disability, but the VA says I am denied because I didn't have one disability that was 60% or the 40% and others totaling 70%. Plus SS mentioned degenerative knee and depression which were not service connected during that time. Plus the fact some appeal for temporary 100% time frame has elapsed. I am countering that at the time I was 40% and if they award me the Dysthmia earlier as is in their records where SS got the depression from, it's right there, then I would meet the unemployability requirement because that alone would give me 70% at that time. Plus the fact I applied for depression and bipolar and they denied me. Now they want to finally recognize it and awarded it but as Dysthmia. I wax on100% convalescence from March 2006 thru August 2006 and on disability retirement. I knew nothing about unemployability, yet I was being treated in the mental health clinic at this same time and continue to this day. Sorry it was so long. I feel I got that off my chest though. If you read all I wrote thanks for your time and listening. You people on here are awesome. Thank you

Thank you for your reply's. I received my award letter for the Dysthymia in August. So I did send in an NOD with copies of the diagnosis from my VA records. I read that the benefits should be effective from the date of diagnosis and treatment records or when you file the claim. I hope they accept it. Thanks again, you give me hope.

I recently was awarded 50% for Dysthymia but denied the deferred unemployability portion of the claim. I noticed that my VA doctor and the mental health clinic diagnosed me with Dysthymia, Biplolar, Depression, back in 2007. I was denied service connection for Bipolar in 2009, so I filed for depression in Feb. 2011. That's what I was awarded Dysthymia for effective April 2011. My question is does anyone think I can win at the DRO level an award date of January 2007 instead of April 2011 due to my VA mental health clinic records showing the diagnosis since then. I don't know why they used the date that I filed the latest claim. I thought they would see the Dysthymia in my medical records. Thank you.

Received brown envelop today. 100% unemployability deferred. Asked if I had any more records and they have asked SS for their records. Granted 50% Dysthemia secondary to back fusions which already was 40% and 10% for each leg stayed the same. They told me I filed wrong for 100 temporary disability, they were now going to consider it under unemployability. I really thought theQTC shrink was not going to do me correct. I had filed for bipolar because that's what the VA mental health treats me for. I remember the shrink saying I'm going to write you up as having Dysthemia. Maybe you will be granted, maybe not. I thought maybe not all along. Because I had been denied bipolar in 2006. This time I said depression. Been depressed ever since I had to have the fourth operation on my back. Also, my legs are weak and pain that runs down them is as bad or worse than my back. Just wanted to update you all. I'm not sure what to do now. The records that SS has are all my VA records and that's what they used to grant me the total temporary disability, I am afraid about this 50% that maybe in a year or so the VA will lower it or drop it. I guess that's with any disability they grant. I am happy. I'll be happier if they grant the 100% unemployability even if it is temporary. We went through all our money and savings while I couldn't work. Well, glad its partly over and finally heard and got some relief with the back pay even if I feel it's short two months. Thank you and hang in there, it is stressful.

I filed in 2006 but was turned down by SS. VA paid me 100% convalescence for 5 month after surgery and then gave 50%. I had a hearing with SS and was denied but appealed again and case was remanded. After remand hearing I was granted 100% from the day I stopped working until I was able to go back to work. DAV had told me better to file a new claim instead of an appeal with VA because it would take longer. Don't know what the letter says but it looks like now 80% from May pay june1. It's good, just thought they should go back like SS and pay 100% for Unemployability.

I'm sorry I meant to say my back pay is from the time the VA recieved my results from the first C&P exam. Filed 2/2011, exam on 3/2011 results to VA 4/2011 . Back pay from 05/2011.

Hello everyone, Sorry I don't post much, but I do follow and appreciate all the advice. I just want to let you know that my claim was submitted Feb. 19, 2011 to the ROANOKE RO. I had two exams one in March 2011 for my back and legs. Had been rated 40% for back and 10% each leg, total for a couple of years now 50% since about 2007 somewhere around then. I had been only recieving 20% since July 1975 for my back only. Had a fusion while in the service from T11-L3. My second C&P exam was in April 2012 for depression. My back gave out on me again in January of 2006 and I had another fusion from L4-S1. I retired on disability from the Post Office and filed for 100% and ssd. To make a long story short, I saw movement after the 2nd exam in ebenefits. Maybe around a month. It moved rather quick from gathering of evidence all the way to pending approval then it went back to gathering of evidence. But my letter had changed from the 50% amount to the 80% amount.The AB8. I was praying it was not some kind of cruel trick by the VA. Anyway, I got a check two days ago and I'm still sitting at gathering evidence. I'm have mixed feelings about the whole thing because although the back pay was good, 9,000 or so, I was expecting a lot more. SS gave me total disability for around 3 years Feb2006-October 2008 until I went back to work. I have been asking the VA to also pay me for that time as it was for a service connected disability and I could not work. I guess there answer is no, I am waiting for the letter. I am happy to be able to work and now have 80%. I feel I could have earned so much more had I not ever been disabled. Well, Just letting you all in on some good news and time line for ROANOKE. and there not paying me from the time I filed this last time, there paying me back time from the time they got my results from the second exam. Two months short. Don't know whether to complain or what to do. Hope you all have good luck, I know it's very depressing, and your anxiety levels can really get high. That's why I hope to share some good news and give you hope and tell you to hang in there. And thank you for paying back Bin Laden and your service.

Thanks so much for your reply justurluck, it seemed to good to be true. The 800 number just gives you recordings these days and an appointment that they'll call you back next in the next few weeks. My service rep is the pva, but they don't bother to answer emails. I'll just continue waiting and wondering what evidence they are going to ask for or if I move back to review again. The way it was moving around so fast I think there was a glitch in the system. If anything turns up I'll post again. Is this the right forum to post in? Thank you.

Well I sat at review for a year then back to gathering of evidence and then sent for a different c&p exam. To a psychiatrist, first one was for back. About a month went by and I saw it go from review to prep for decision to pending approval. Rather quickly I might add. Now three days ago it went to gathering of evidence but my ab8 letter changed to the amount for 80%. It's been three days nothing has changed? Still in gathering of evidence and letter still says as of Dec 1. 1602. Wheras before it said what I get all along for 50% 874. Just wonder what happened? Any ideas, can the letter be a mistake and they might send me to another exam? Filed out of Roanoke Feb. 2011. At one time it said sent to Jackson to expedite, but then that disappeared one time when they upgraded the site. I don't write much, but I do follow along. Just learned of the site maybe two months ago. Thank you for any responses and best of luck to all of you.

What is a good time frame. 18-24 months? I've been waiting 15 months and doesn't seem to move? At first it was saying sent to Jackson from Roanoke to expedite but it sure didn't expedite. Than when ebenefits updated it doesn't say where it is now? Jackson or Roanoke. I did have to go for another different c&p depression. Had a c&p earlier for service connected 40% spine fusion. It's now been 2 weeks in prep for decision. Thank you

Yes, it's the best way. He's the director and the man in charge.

Also new myself and in Virginia. RO is Roanoke I believe. Filed claim in Feb. 2011, had two C&P exams. Hoping like everyone else they will make a decision soon on my claim. I do see there is a lot of good advice and good people here. I am currently 50% rated. 40% for back and 10% for weakness in each leg. I am also an older vet served form 1972 - 1975. Did not see combat. Wish I had known about this site a long time ago as I was rated only 20% for 30 years when my back gave out again, and I lived with a lot of pain. Sorry if this is in the wrong forum.