pascoz28

They state in the VCCA notice and the denial that my STRs show complaints of back pain...seems like they hung their hat on the 'no underlying diagnosis' theory, which is what I believe Saunders reversed, no?

I am what some would consider mildly retarded...sorry about that and thanks for pointing that out!! I've added the actual denial letter as well.

Oops...I'll try to reload those documents...my apologies. Yes, i do have a diagnosis of 'lumbago' by the VA stretching back to 2008. It is documented in my records that I sought treatment for back pain. Once you read the denial letter it will make more sense. Thanks for your reply!

SO...it seems to me that they basically said because I had no diagnosis that I was out of luck. They admit that I was seen for my back as far back as 1992 and that I've had treatment since discharge. They didn't mention that 'chronic back pain' is listed as an active problem in my VA health record and that I've been on medication for back pain since 2008. Now that Saunders v Wilkie has reversed the need for an underlying cause, how do I reopen this claim since the pain is in and of itself is now considered a disability? Thanks!

Thanks for the replies! Concerning the retro, that's pretty much what I had gathered but found some conflicting info so I'm glad I asked. I have NO idea at all if the VA asked JSRRC to verify anything...how would I know if they did? It's too bad about the retro, though...you'd think that if new evidence was obtained to further substantiate a claim that was initially denied, it would be retro'd to the original claim date. Oh, well...that's the way it is I guess. So with the new regulations, has anyone heard how long claims are taking now? Do re-opened claims usually go quicker or the same? Thanks again!!

Hello! I've gotta say that I'm really glad I found this site!! SO much useful information...WOW! That said, I've just spent a few hours (literally) searching/reading through threads concerning retroactive VA Disability Compensation and am now thoroughly confused. I was denied the PTSD portion of my claim in Feb 2008 (filed August 07) due to the common "stressor" element. They couldn't corroborate my stressor event(s). Anyhow, I got a buddy letter and now with the rules change I re-opened my claim because it seems like there should be no problem getting a SC rating (I know, I know...we'll see...hahaha). Since the VA already acknowledged in the denial letter that I had been diagnosed (by the VA doc) with PTSD with Depression and the 'nexus' was established, if I DO get the rating will the compensation be retroactive to the original claim? It wasn't my fault that the rules changed (as a matter of fact, it's exactly my situation that this rule addresses). I wasn't registered and hadn't seen any VA docs for treatment of my PTSD prior to my claim...mostly because I didn't really think I had it. Since I was diagnosed, I've been seeing the VA Nurse Practitioner (NP) and the VA Social Worker monthly (for the most part) and have been taking two meds for the past two years...one for nightmares/sweats and one for the anger management. My NP says that on the scale that they use, I'm a 49 and that anything under a 50 is usually eligible for compensation. Does this make sense? Thanks in advance!!