GulfWarVet1990

Thanks pacmanx1

Please excuse if this is a duplicate. Follow up Status: Entitled to Backpay if Legacy Claim is Adjudicated and Veterans is Already 100% SC I'm open to any insight and or shared experience. Thank you. Judge remanded conditions. Ordered VA to do another C&P exam, stated the previous exam was inadequate. Conditions were lost in VA "black hole" for over 20 years, finally adjudicated after PACT. I have an exam on Monday, I will definitely attend, however, not sure what to expect. Just wondering if this process will affect my current rating - 100% P & T. I am a DS Vet, served in Southwest Asia during Persian Gulf War. The board noted in my summary "the Veteran is a Persian Gulf War Veteran and presumptive toxic exposure under 38 U.S.C. 1117 has been conceded." I read somewhere that "veterans with Chronic Fatigue Syndrome, especially those who were diagnosed long after leaving the military, are eligible under the law for Chronic Fatigue Syndrome Secondary to PTSD. Two Remanded conditions - Chronic Fatigue Syndrome (no formal diagnosis) as due to immunizations and as secondary to service-connected PTSD. (I am already 70% sc PTSD). Entitlement to service connection for fibromyalgia (no formal diagnosis), including multiple joint pains. Current Adjudicated Rating SC Sleep Apnea secondary to PTSD - 50 PTSD - 70 Chronic Sinusitis - 10 Cancer Residuals - 30 Neuropathy secondary to cancer treatments bilateral hands 30 right/30 left bilateral feet 20 right/20 left Painful surgical breast scar - 10 Tinntis - 10 Chronic Rhinitis - 0

Thanks all. March 2022 granted 100%. The claim was lost in VBA black hole. Resurfaced 2022 post burn pit claims resurrected. Many of the conditions claimed in 2005 no longer exist due to age, such as reproductive organs. It will be interesting how they will adjudicate.

Does anyone know if a person will get back pay (if granted)for an adjudicated legacy claim (on appeal, currently Judge is reviewing) if the person is already 100% sc. Granted 100% SC for other claims. 2005 legacy claims pending, still waiting for Judge to review. If granted will VA grant back pay? Thanks so much.

Thanks all appreciate the information. Based on further research I would not fit the criteria, both 100% ratings are combined. I do not have a singe rating of 100%.

Thanks all for the information, I am still a bit confused if I am eligible for SMC S since I am not housebound and still work. However, I will definitely reach out to my lawyer and inquire. I am getting SMC K for breast cancer. Neuropathy and scars are secondary and Sleep Apnea is secondary to PTSD. SA at 50% made me eligible for PT at 100% - Feb 1, 2022 PN increase from 10 to 20% and PTSD increase from 50 to 70% made me eligible for 100% schedular without the help of the SA rating - Aug 2022 20% left lower extremity peripheral neuropathy - Effective date:08/18/2022 30% right upper extremity peripheral neuropathy - Effective date:08/18/2022 20% right lower extremity peripheral neuropathy - Effective date:08/18/2022 20% left upper extremity peripheral neuropathy - Effective date:08/18/2022 70% posttraumatic stress disorder - Effective date:08/18/2022 50% obstructive sleep apnea - Effective date:02/01/2022 10% painful surgical breast scar - Effective date:01/30/2020 0% surgical scar, right breast - Effective date:06/07/2016 30% s/p breast cancer with residuals - Effective date:06/07/2016 10% chronic maxillary, frontal, and ethmoid sinusitis - Effective date:09/26/2003 10% tinnitus - Effective date:09/26/2003 0% allergic rhinitis - Effective date:09/26/2003

Good morning all, I received two decision letters for 100 percent combined ratings. First letter, I received 100% P & T combined rating effective Feb 1, 2022, I received decision letter March 2023, based on HLR decision for Sleep Apnea (PTSD) 50%. “Eligibility to dependents Chapter 35 DEA was included in the language. In August 2022 while awaiting aforementioned HLR decision I submitted claims for an increase on other existing conditions which were granted and I was again rated 100% (combined ratings, scheduler). Effective date August 2022, received decision letter April 2023. Both 100 percent ratings and effective dates were listed on my last letter with effective dates. I am not sure what to make of this. Does one override the other, or it is what it is? Appreciate your insight.

Yes, actually I do ASDF, I have one at BVA and another increase in "preparation for decision". Thanks so much all. @broncovet Your plan sounds great. Sow, Reap, Repeat is my mantra.

I was recently rated 100% (scheduler and PT)1 Feb 2023, received letter and retro, but my claim is still open on the va website and ebenefits.. Is this normal, or just a delay updating the website. Thanks

Thanks Shrek, VA has made it available for us to download our letters, so I printed my decision letter, see VA press release and link to the write up below. Veterans can now access their disability benefit decisions online https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5859

I forgot to ask, how does the VA disburse attorney fees, do they directly send my attorney his fees separate from my retro pay? I noticed retroactive funds pending on my va.gov account, is this my total, or have fees already been disburse to my attorney. Thanks everyone. It's been a long time coming, so I am a bit excited.

Good morning Hadit members. I just want to thank everyone for their encouragement, support and sage answers to many of my questions. I just received notice today, my rating is 100% P & T. OSA secondary to PTSD 50% increased my rating to 100% P&T. I was a bit skeptical when Dr. Anaise recommended an HLR after a supplemental claim denial, but his write up was very comprehensive and VA sided with his evidence vice the examiner. As many have said on this site, it may take longer than you would like to get the rating you deserve, but don't give up. Thank you T'Bird for founding Hadit and your mission to not "leave no one behind".

I agree with Broncovet - Drago should be eligible after serving 180 consecutive days active duty. https://www.nationalguard.mil/News/Article/1038989/guard-and-reserve-members-receive-veteran-status/ I was a AF Reservist deployed in DS for more than 180 days which is how I became eligible for Veterans Status. See page 3 - https://www.benefits.va.gov/BENEFITS/benefits-summary/SummaryofVANationalGuardandReserve.pdf -

Thanks Broncovet. I have not intention of firing my lawyer. He has been very helpful. As stated his fees are well earned. Before I hired him I had a legacy appeal from 2004. Long story, claim was lost in VA black hole, claim was adjudicated 2022, all denied except two. I submitted Form 9, and I worked on the appeal myself, so if and when granted I will get a hefty back pay. He did not work on this claim and I want to make sure "I gets my full amount of money." On ebenefits and other VA letter he is listed as my POA (representative) on all correspondences pertaining to all claims I have pending. There is no distinction of the claims he worked on which is the reason I posted. I therefore wasn't fully sure how the monies would be distributed by the VA. From Phury's post I now understand the process. Thank you all. I will keep you posted.