GBArmy

FRG vet Congratts on finally winning your claim! That's the great news. Unfortunately, the way to get back pay is you have to continuously pursue your claim. If denied, you have to appeal thru the VA system within 365 days of the date on your decision letter that originally denied you. There is a process called CUE, clear and unmistakable error, that a veteran can try that doesn't have any time limitations. For it to be successful, you have to prove the VA made a significant error on the original decision. If your medical records were in your file all along and the VA approved on your second attempt based on those records "that just showed up" might be an example of a CUE. There are many postings here on Hadit and elsewhere on the CUE process, but if your approval was based on new evidence, not much chance of getting back pay, or EED. It is determined based on finding of fact and when you notified the VA of your injury and request for disability. If you didn't apply for years then it is hard to hold the VA accountable when they didn't know, if you get what I mean. But good going on your award; nice job of not giving up.

Mclevelan726 You said"I agree with the VA as a back-up plan. However, how might I approach this is a manner that I am not being double treated for the same thing without "burning bridges" with VA?" I thought I answered that but quite simply, you pick and chose. If you have a heart condition, for example, and you want your private doc to handle it, he doesn't handle SOME of it, he does all the cardiology issues. You don't share the responsibility with the VA right? So, if you have a hearing problem, maybe arthritis , and a foot problem, you may chose to use the VA for those. If your VA foot doc doesn't seem to be hitting it off, you either drop him and request a new VA pediatrist or, go private. It might be difficult to get back with the VA care on that foot problem if you change your mind later. Certainly, they would not put you at the front of the line in terms of service if you came back. I don't know or care what disabilities you have; you just make your decisions all the same way.

why can't you have both VA and private at the same time? Many do. I use the VA for most of everything I do except for my eye doc. Kinda my back-up plan in case I have something that I don't think the VA will handle properly. It costs me $130 a month but to me, it's worth having that security blanket. But the point is you don't have to chose one or the other; you can have both. I have several friends that do the same who have heart conditions, etc. They want the same private doc for their continued care. You can split also. Be sure you go for at least your annual check up and I would suggest that if you are prescribed meds, have the VA provide at least one or two at a minimum.

Good info sharing by Brokensoldier. The VA has a lot of procedures and systems. What used to be how they processed thing may change, maybe, even for the better, maybe not. But for sure, it makes changes.What's the saying-“There is nothing permanent except change.”

Oceanorange Good success story brother. You have learned, as many have, this is a good place to be. Your posting will encourage others. Just another chip on the pile, but a chip none the less. And it is your chip. Good job. Hang around and maybe you can contribute with some of your knowledge also and help that way too. Way to go!

RetiredNavy It means you got a bump in the road. They found something in your claim that wasn't done right, like failure to assist or maybe the c&P exam was incomplete or something. It means to you that it will take a lot longer to get a new decision. It isn't necessarily bad, but there will be weeks added to your timeline.

Snakes SMC=Special Monthly comp which is additional $ paid out in addition to your regular monthly rates, such as described by Buck52. You have to meet the criteria to get the extra comp, however. There is plenty of info available here and on the internet. Start here https://cck-law.com/blog/va-special-monthly-compensation-smc-rates-for-2020

If, however, if you are looking to get to some SMC's, then it would make sense. Really depends on what your VA math says you are at and if you anticipate going for more later. Even rated at 0% gives the VA notice you have the specific disability, so not a lot to be gained for most circumstances.

OldSalt3009 Sometimes. If you are P&T and are not looking to go for any SMC's, then in my opinion, you don't have to do anything. The two conditions are already S-C, so you don't add any new ones, and you also don't get any more $.

Good luck brother. If you are rated at 100% this isn't your first rodeo. Like I always say, "you don't lose until you quit trying."

I might add that if your appeal didn't win, you still could appeal thru BVA. The BVA has approved many OSA as secondary to PTSD. You might need a stronger nexus. Again, wait for your decision and post here again.

RetiredNavy Hang in there brother. It's not over until you quit trying. If the HLR gave that encouraging remark, it might win. Don'y expect VA.gov or ebenefits to be reliable or timely. We say it over and over; wait until you get your decision letter. 7-10 days.

I couldn't agree with you more. It provide clues that may not be apparent on how to appeal your claim. And often will also provide info on potential new disabilities you didn't realize there was any evidence on in your file. That's why I'm waiting for my latest round of claims to be decided (hopefully soon), so I can better figure out any appeals I might have to do. I expect some interesting info in there.

Carlos I would think you are correct. Send a IRIS request on why the discrepancy, and if he has to submit a HLR or anything to get it rolling. Be polite and check the numbers to be sure the $110 isn't included in his monthly payment first.

Great example of the "Hamster Wheel." But then, it's the only game in town.

Wise Guy I don't know about easiest or hardest claims to file for in SMC's. If you have the conditions and have been diagnosed, and meet the rating criteria, the VA should be awarding them without the veteran asking for them. Bottom line, if you meet the criteria for any of the SMC's you not in very good shape and certainly should get all you deserve. SMC (s) might be the most common one however. See this article https://cck-law.com/blog/newsspecial-monthly-compensation-series-smcs/

Fat As a side note, you have to change your profile...you're not politically correct. The REDSKINS are no more, sadly. They are the Washington Football Team now.

Thanks,Buck. I don't have my c-file yet. I have a half dozen claims in and wanted to get most or all of them decided before I requested it because it takes so long even during "normal" times. That way I'll be in a better position to see why if any are denied.

Brokensoldier I have had the same situation; decision letter but not a rate sheet. I'd like to get it because it has good info like status (as in static or pending re-exams), and diagnostic code used for the disability award. I'll work a few options and if necessary, do a FOIA.

Wise Guy No. It is a "special" category of SMC's. It isn't related at all to any of your dependent status. One flat rate. and it goes up, just as all the other disabilities, effective 12/01/20 by 1.3%, so if my math is correct the new grant will be $111.74.

Brokensoldier is correct. It's pretty straight forward. If you can s-c which is often done thru meds taken for s-c conditions, such as MH, then the award is rated as 0% but it is a SMC special category. The comp is added on top of your combined rating at an additional $110.31 for 2020. As Brokensoldier said, you don't get a higher rating than 0% unless there is some injury involved. In this case, you are talking s-c due to MH, not an injury.

Got mine 2 weeks ago. You should have a heads up though. If you are 65+ and get the booster shot. It is in short supply again this year so call ahead and be sure they have the correct dosage. With this Covid19 going on, if you have to get serious care for the regular flu, there may be a shortage of hospital beds when you contact it. And you sure don't want to be hospitalized with a regular flu and be exposed to others with Covid. Get your flu shot folks!

I'll try most the RO Office the next time I can get down there. Access is still restricted in our state. I never received a rating sheet with any award I received. Must be trying to save paper?

Does anyone know if you can get a copy of your rating code sheets anymore at the RO? Or do we have to send a FIOA request to Janesville?

USAF K9 We realize that you have anxiety; just can't help it. We get it. But if you're 100% P&T, that's all she wrote! Good to go. The only thing I would say though is if you get a letter to go for a re-exam, you can challenge but be sure that you go, even if you are P&T. That goes for anyone who receive a notice to go to an exam. You're requesting clarification via IRIS anyway. Don't worry.