sailgirlwillis

Thank you all for the info....I did not get 100% back to 1975...Just 30% from 1975 to June 1998...THen 70% until Jan 1999...Then they retro the 100% back to June 1998....The whole file was rated a cue by the varo....I should not nit pick the award but after waiting 24 years and being lied to by phone and in writting...They should have to pay,...The va received my current request on the 17th of Feb and started working on it Fed 21st (this year)....I spent 3 months in a law school library looking up va law...thats the only way I won..The va stated law that could not be found in any cfr...in any year...My rating decisions (all 4 of them) state facts about my operation...I am rated 70% with 30 unemployability...The final rating decision stated I was entittled to unemploy that my service connected ratings ALONE covered this....but it included my cancer operation in the facts..At this point I have stated to them that I hope that the letter I sent them on April 29th 1996 was an oversite, not a failure to assist and not another cue...I am surprised to find out they are working on it so soon...But I don't know about the 20 year rule...could some one tell me what it is....My case was a cue and dated back to 1975.....does that fall into this 20 year rule?Thanks all again....If they give me a hard time, next will be reasonable doult...3.102...3.105a....revisit due to cue and anything else I can state to them....After what they did to me the first time...I will not lose...I intent to be heard on this matter...Vicki

Hello and welcome to my mess. Facts first...Filed claim in 1976..with in the one year of discharge..Called and called...they were working on it....fast foward to Dec 1995..Went to see local vet rep...wanted to use dr and hospital....She talked me into filing another claim...I told her these people are slowww....Then I found my orginal claim in my education file...had never been adjudicated...just stamped received..In April 1996 I under went a radical double masetomy..I wrote a letter to the Va stating I was totally disabled and needed assistance now. My original case was adjudicated in Jan 1999 and I was awarded 100% service connected....I was paid back to 1975...But from April 1996 to June 1998 I only received 30%...My question is did the letter(informal claim) wrote in April 1996 stating I was totally disabled and need assistance now ....did the va have to provide me with a new claim form or does the 1976 claim stand up for this...My case was based on clear and unmistakable error...I have asked the va to revisit the case...What I have read is the informal claim must state the benefit seeking...Do you think my letter stated this...The va never said a word about this letter...no statement of case or anything..They had all my medical records at time of adjudication and talked about my 1996 operation in my award letter...In the letter I stated all about the operation..(April1996)Any thoughts or help would be great...Thanks sailgirl