WomanMarine

Good thing too, as I need to remodel to accommodate my walker ...

Soon ...

I just spoke with my DAV VSO who suggests I file is a VA FORM 21-526EZ, since my VA FORM 21-2680 is already of record ... so it is similar to a request to re-review. My VA FORM 21-2680 was only submitted two days prior to them resolving my claim. They just rushed it through and did not want to take on 'effective date' ...

And doesn't it figure that the day they rate me, my back goes out and I become 'disabled' from my sc ... Over a week hospital stay. My left leg has lost sensation, they are saying neurological ... But private hospital is now saying it is thoracic part of my spine, not lumbar and wants me to wear collar. They sent me home because I could walk 300' with walker. My home is far from handicap accessible. I am going to try to get a GI Bill loan to make handicap improvements, now that I have an income. Unbelievable ... OH, and it IS A CUE ... they removed my disability in 1980 rather than increasing it. I guess it is time for the attorney ...

No envelope yet. I just gathered the information from my VSO and UnderSecy. They STILL did not rate my knee, even though they have stated that it is 30% when I went in. I PROVED the error on the part of the VA. I asked for an EED for 30% of 1980, as well as a change in the DEA so my 26 yo daughter can go to school.

Thank you Tbird and thank you for your service. Well that darn VA .. They gave me I.U. but they did not rate my knee!!! Nor did they approve and EED, because of it! I was actually told by the VA, 1000# that ... "most likely they already settled the claim, and because it was a Hardship, they did not take it into consideration" ... He then had me Fax my SoC to Janeville and change the title to "REQUEST FOR RECONSIDERATION OF EFFECTIVE DATE". He did state that they should have done this, after he reviewed the doc. Best help I have gotten from them, so far. Now I will see if they 'deal with it' or ...? Not that I am not happy receiving the I.U., which I truly needed, but I want the EED not just for me but for my 26 y.o. daughter so I can challenge the EED of her DEA. They added the DEA to my award this last week. The VA fellow also told me to call the VA Educational Assistance and see if I can work with them.

I just printed out my VA letter of compensation and I am listed as having Unemployability AND as P&T but only rated, so far, @ 80% ... I don't get it ... AGAIN VA logic eludes me ...

Why would the VA add Individual Unemployability, when I had originally added Unemployability?

"You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities." FINALLY!

Just checked my bank account ... Same $15.67 in there ...

I read if the 'retro' is over $25k that it would take some time to receive ...

The VA, on their own, added to my claim: 'Dependents' Educational Assistance'. I have her only listed as 'next of kin'.

Wow I do not know what to think, as I just checked eBenefits and it updated to: Preparation for Notification. Estimated Completion: 02/07/2018 - 02/09/2018. AND they added "Dependents' Educational Assistance" AND right sciatic radiculopathy (New), left sciatic radiculopathy (New). Estimated Completion: 02/07/2018 - 02/09/2018

If I get 'retro' will it also include my daughter? She is 25 now, but if the VA gives me an EED, wouldn't that include her?

Thank you sir! I will research

Thank you Berta, I will review. However the reason I post this morning is because I checked eBenefits and now the decision is pending: 2/7 - 2/11. I 'think' I can owe this earlier decision date to the fact that on my SOC that I submitted last week, I 'removed an old thorn in my side' and reported a MST incident that happened prior to my discharge. Whereas I witnessed an incident that involved my CO, who I reported this incident to her and she had me report it to a JAG officer. I have worked all of my life by hiding this 'incident' in a bottle. However it was first reported on my C&P for my knee last year as the clinician reported that I suffered from MST. As well the VA had me speak, in a 'sneaky' way to the 'Suicide Prevention line' ... when I had no intention of suicide, as it is against God; no matter the trauma. According to the 'suicide prevention' counselor, in a statement I discovered in my 'Encounters' she stated that I suffered from PTSD, but got some of the 'facts' incorrect. I felt I must 'finally' get the record straight, so I reported it on my SOC. As well I did some 'research' and found out my CO went on to become the Commander of the WM Battalion of MCRDSD. Funny how life works out. But glad that 'secret' is out of the bottle, as am I! Praise the Lord!

In 1980 the VA DID have evidence, as I was seen because of my knee, I have the 1980 form that showed that I had a X-ray that revealed 'torn ligaments'. I only subsequently filed for compensation after I was seen in 1980. That is when I was denied and they removed the 0%. The VA at that time should have INCREASED my disability, not removed it. I have not filed a CUE, but I have completed a Statement of Claim that I added to my pending claim, asking for an 'earlier effective date' as of 1980. As well I requested that the rate be 30% for my retro, as that is the number the VA came up with last year. The ONLY information the VA has about my knee, prior to service is my statement, which was taken out of context and has been used against me all these years. I, on the other hand, have my pre-service physical that shows no such condition. Berta, thank you for your response. I have read a LOT of your posts in my research. You are one sharp gal!!!

How does one figure 'retro' from 1980? I know that it is based upon what the rate was during that time. Is there any type of formula? I am thinking it was not much ... I remember in 1976 10% was under $50/mo.

Yes, Broncovet, I filed a NOD, as the first decision was based on the 1980 decision where they took away my 0% rating. This is in anwser of that NOD. I have since refilled asking for an earlier effective date, based on my AFEES Physical, which shows no 'disability' ... In 1980 when they took away my 0% rating, that was the error the VA made = CUE My claim is now awaiting decision. I am also disputing the rating of 10% to 30% as that is what the VA is stating that I had when I went into the service and then 30% when I was medically discharged = 0% ...

I know, as I FINALLY get it ... thanks to you! The VA gave me 0% in 1975, when I applied for Voc Rehab. And they gave me a Service-Connected VA I.D. card. When I applied for Compensation in 1980 they took away the SC ID card and my 0% rating ... That is their error and a CUE! Had they 'stayed' my 0% I would not have a CUE, even though they did not locate the records. AND they did this again, last year, when I initially applied. It was not till the NOD in October, that they finally corrected their error and awarded me 0% for my knee with a 30% rating that they then took away because of them stating that it was "aggravated" by service ... and 10% for arthritis. My 1974 AFEES physical proves differently, as I had no issues with my knee. You were correct, I got the argument all wrong ... VA logic ...

This is the verbiage that they used in my denial to my NOD last year:

My Cfile: Estimated Completion: 02/18/2018 - 05/14/2018. Pending claim: Estimated Completion: 02/18/2018 - 03/12/2018

Yes I have but it is not due till after they decide this pending claim. I believe I have all the pertinent documents to prove CUE. Thank you for your comment and service! Semper Fi!

I am in agreement. Since I now have a 'pending claim' for which they denied me in 2017 and I had to NOD, they made the same error TWICE! I have finally pieced this all together, as it has been years, but I did receive the 1980 decision, where they actually took away my SC! I just uploaded a SOC that includes my 1974 Physical, as well as the 1980 decision. They gave me 0% in 1976, after I had another 'episode' and lost my job; three months out of service. When I applied for Compensation in 1980, they then took it away! At that time I was told that I could not 'sue' the VA aka .gov. And again last year they made the same mistake and I had to NOD. Then they gave me 30% and took it away as stating it was an 'existing injury' prior to service (see my 'other' post' for verbage). In my SOC that I submitted today I asked that they give me an earlier effective date as well the 30% rating with that date. I really hope that this does not 'slow' down my 'Hardship claim' as I am having financial difficulties. But I do want the VA to FINALLY get it right! Thank you for your response and service! Semper Fi!

Actually I won my NOD because the of the C&P clinician who looked at my SRT records said that I should have been rated then and tied it to my service. They took out my 'back pay' from that award, so now I am clear with them. I now have a pending case that is to be decided this month for an increase on my R knee and to include bilateral, as per the suggestion of my C&P clinician and my back. As well I have in a claim for IU. I did find my original physical that showed no problems going into service. So I hope to reverse the 30% they gave me for my knee and then said that rating was because it was 'Service Aggravated'. So they gave it to me than took it away ... I then re-applied for an increase on my R knee, to include my L knee, which was already suggested in my C&P, as well as my back and an I.U. claim. AND again I submitted my original physical which showed no problems. As well I put in a claim for Hep C ... I am not what sure for, but I wanted to let them know I was sure it was the fault of either 'air guns' or when I had my stent put in at the St. Louis VA and they had an outbreak of Hep. There is a due date of 3/9/2018 on this claim, however it has been flagged a Hardship and I am hoping it is closed by 2/15. My hopes are that because my entry exam shows no issues with my knee(s) that they give me that 30% award, award me for bi-lateral, my back and grant my I.U. And then I can move on to CUE for an earlier effective date?