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Found 14 results

  1. So I started my "Fully Developed Claim" 02/08/2019 had my VA Comp and Pen Exam 03/18/2019 . My original completion date was 08/05/2019. Then after my Exam 05/03/2019. This is my story I've injured both knees, both feet and back while serving In the Army in 2017. progressively my back gave out on me. Now I'm young 25 years, can't work and didn't know about my options until just recently. Lucky for me I was within my year of separation so I got a VSO to work with me and my claim. Still waiting if it's an approval or denial, however today Ebenefits updated status from "Pending of Decision" to "Pending Decision Approval. With a new estimated date 04/30/2019. What happens next. Will I know I'm approved before notification in the mail?
  2. This past Friday I received a decision from Department of Veterans Affairs Regional Office regarding a NOD that I had filed nearly two years ago. In October of 2016, I was awarded benefits at 70% retroactively from 2010. About 4 months prior to actually being approved, I requested that I be awarded TDIU as well. After all the dust settled, I was awarded TDIU back to June of 2016. However, my original claim was from January of 2010. As a result, I sent in a NOD requesting that TDIU be retroactive back to 2010. I was just mailed a letter from the VA stating that "Entitlement to an earlier effective date for the grant of Individual Unemployability was granted because the evidence shows you last gainfully worked on March 2, 2015... We have assigned an effective date of March 3, 2015, the day after you last worked... This decision represents a partial grant of benefits sought on appeal. My questions are: (1) Approximately how long before I receive the back pay? (2) Should I pursue the amount back to 2010, since the time from 2010 to March 2015, my work record is spottier than Swiss cheese and I really didn't have a consistent work record. (3) My son who was awarded Chapter 35 Educational benefits once I received TDIU in December of 2016, had just graduated from college (undergraduate), but was too late to have benefited from Chapter 35. But now since I have a new TDIU retro date dating back to his senior year in college, can he receive back monies for that one final year that he should have been entitled while in school? He has the award going forth, but was wondering if they'd pay him back pay for his last year of college since it now falls under my new onset (TDIU) date. How to proceed if its possible? Thanks so much in advance for all your help in this matter. Kevo
  3. Hi everyone, So I thought I would see if I can get an answer on this. So I got out in October 2011 and had a C&P Exam 5 days later where I got denied on a SC Condition. I reopened the case last year in July, denied again because of no new evidence. This year, reopen the case again, no new evidence but given a c&p exam and was rated at 10% on it. Now, should the effective date be from my original C&P Exam where I got denied, or from 2017?
  4. DAV told me there is no expediting claims anymore even for Vietnam Vets. Only terminally ill vets, homeless, or going to be homeless are expedited, so it took DAV 5 months to get my claim into the system because they trashed it the first time because they are a corrupt organization. Mr. Edwards in St. Louis for DAV got Mr Stephen Kelly his 12 years of retro pay in one week without even filing a claim, the way I read it. Dan Knabe For DAV got Mike Franko’s claim “Expedited” after he had been denied once already, also got him service Connected, got his retro pay, and got him a job with DAV as well. There was no mention of homelessness, or illness besides ptsd and knee injury. Mr Kelly was just before me and Mr Franks was just after me and none of us fit the requirements except Mr Kelly and myself were Vietnam vets, and Mr. Kelly and Franko were Gulf War Vets, as best as I remember. I was permanently damaged by something affecting my entire internal body and skin(AO), and records hidden all my life. Edwards and Knabe got their clients records, scoured through them, and completed and closed the claim in one week. The VA is still withholding my records, I have used a VSO (now VFW) for the last four years, and still waiting. VFW told me it would be at least 3 or 4 years before the BVA gets to mine. Minimum 3 to 4 years, and I probably won’t even exist by then. This sounds like picking and choosing who is expedited, which is nepotism or being prejudiced against my claim. I filed in 1983 because the Army lied about my records in 1972 or I would have filed then. Total manipulation to keep me from Justice per Exemption 5 of FOIA. Any recourse? Is a malpractice suit the only recourse, unless they make it right with this last attempt? Thank you! victor ray
  5. After 2.5 years, the VA finally processed my NOD which resulted in a 100% rating. I’m very grateful for the help and feedback from Hadit over the past few years. However, I have one more favor to ask. I received retroactive pay based on the effective award date, but it was half of what I expected. I calculated approximately $30k in reto pay vs. the $16k that the VA calculated. Since the NOD took 2.5 years, I had other claims that were processed and awarded during this time, which is outlined below with the effective dates. The sleep apnea claim is the one for the NOD. The calculator that I used to determine retro pay is https://www.hillandponton.com/va-retro-disability-calculator/ Disability Rating % Effective Date Old (without sleep apnea) New (with sleep apnea) disability #1 30% 9/16/2005 30% 30% disability #2 10% 7/23/2008 40% 40% sleep apnea 50% 2/9/2015 70% disability #3 10% 7/7/2015 40% 70% disability #4 10% 7/20/2015 50% 80% disability #5 10% 7/20/2015 50% 80% disability #6 70% 4/4/2017 90% 90% disability #7 50% 4/4/2017 90% 100% Would someone more familiar with retro pay be able to tell me if my math is correct? Thanks, Bolt
  6. Hi, Thank you for taking the time to look into my situation. I will try to keep this on point as best as possible. I was discharged medically (USMC) in January 1989. The medical board gave me a 10% service connected disability (compensable). After 6 months of being home, I received a follow up letter from Tampa VA. I attended this follow up, and the doctor who looked at me, said “oh you’re fine, I will bring that down to 0%”!! I was furious at how I was played by the system, so I began fighting the system (Congress, 2nd Marine Division, White House, you name it). I received a letter dated July 1992 from a VA Adjudication Officer, stating that they have reviewed by medical board examination from 1988, and found that I met the criteria, and therefore, I was given back the 10% compensable disability. I do not recall filing a claim during any of this time, and I believe all of my calls and mails (no access to email at time), were effective in resolving this. I never received a dime from the VA for anything. I have kept this letter all of these years, and just a few weeks ago, I found this in my strong box stored in my warehouse. After reading it, I decided to hit the trail again. I took it to the DAV locally, and he called the VA in my presence. After the call, he said that they confirmed that my disability was approved in May 1991, and stopped in March 1994. These dates were confusing, as my VA letter which originally confirmed the disability, was dated July 1992. As for why the disability ended in 1994, I have no idea. I have no records of appeals, denials, or anything of the sort. The DAV Officer said that according to his conversation, the VA would owe me from the date of May 1991 to March 1994, but I would have to fill out a Form 21-4138 (Statement in Support of Claim). On this form, all he said to write was (Statement that I never received compensation, and that I have no record of appeals). This is where my questions and concerns come in. If the Marine Corps medical review board determined this 10% disability in 1988, shouldn’t I be compensated from that date to the present? Again, I have no other records, other than the letter from VA Adjudication Officer dated July 1992. Overall, it is easy to see the roller coaster of events: 1988 - Medical Review Board approved discharge based on injury rating of 10% (Never received a dime of compensation) 1989 – Tampa VA follow up visit on injury (Doctor said I was fine, and dropped the 10% to 0%) 1991 – Apparent approval date conveyed by VA and DAV (I have no record of claim filed, other than memory of my calling and mailing everyone in the command structure to slap the VA for reducing my disability 6 months after my discharge) 1992 – Received letter from VA Adjudication Officer awarding a compensable 10% disability (based on medical review board findings in 1988) 1994 – According to feedback from DAV, the VA conveyed that I was awarded the 10% compensable disability in May 1991, but due to appeal, this was brought back to 0%. So if you look at the roller coaster of being approved, denied, approved, approved, denied, it is pure silliness. I find it hard to trust even the DAV, and I could be very wrong with that feeling, but because of how screwed up the VA is, I am worried that the DAV officer may be poorly directing the filling out of this Form 21-4138. Do you have any advice on what I should write on this form? I am trying to stay away from bringing an attorney into this, because they will take 20-30% of whatever is due. I have already been told that they owe me from 1991 to 1994, but my case is I feel they owe me from date of discharge to the present. Any helpful information you can provide on how best to fill out this form, would be greatly appreciated. Thank you.
  7. First thank you for creating this page. It's been a twenty years fight and reading these pages has made me feel for the first time I'm not alone in it. Active Army 88-92. Last six months in Egypt on a MFO tour. While there I got very sick. It was my last six months of service and ETS two weeks after returning to FT Drum. Six months after I got out started get sick again. Diagnosed with Ulcerative Colitis. Fought it for two years but lost and had my colon removed. Started developing other issues very similar to what they were calling Gulf War Syndrome. Applied for DC in 1997. I was denied do to lost medical records. Applied again in 2004. Again denied because of lost records. I had no new evidence to appeal and given up any hope. Family convinced me to try one more time this year. Just had my exam and they found my records. They made service connection. Now my question is, because they found service connection with my service records do I have case for cue going back to 1997 since they lost my records for twenty years? Also should I fight my rating first then go after the back pay? I'm not sure what to do next other than get an attorney. Sorry if this is too long and if this has been addressed already. I couldn't find a similar question or case. Appreciate any help or advice.
  8. back in 2011 I filed for a plethora of disabilities that i received during my time in the air force as a load master. I was given an 80% rating. One of the claims was for depression an ptsd. However, I missed that c&p appt (i forget everything) and i obviously was not given a rating. However, I was sent a letter that says: "You were denied service connection for depression/anxiety/stress because you did not report for the scheduled exam in order to determine if the current disability began on active duty and to obtain sufficient information for evaluation of the disability. Although there is a record of treatment in service for anxiety/depression/stress, no permanent residual or chronic subject to service connection is shown by the service medical records or demonstrated by evidence following the service." Now this was sent to me in 2011. Since then ive received a ton of treatment but ive also have had some unfortunate events happen as a result of the depression, anxiety, anger etc (jail, a stint at the mental health clinic, even a broken hand twice on two separate occasions on 2 separate faces, and few more incidents. i am working so hard on controlling my frustrations with the world and i am taking my meds and getting counseling - i hate living like this because i physically cant control it. And i was never like that prior to 06' my join date). so my question is what exactly does that quote from the va mean? does it mean that they recognize i was treated for depression during active duty but due to me missing the appointment, they need more information? And if i were to file a claim for depression and ptsd - and i were to receive the 80% I need in order to be rated 100%, how would the back pay work? Would the date go bak to my initial 2011 date? Or would they back pay me from the current date of filing? Sorry for the long post - thanks for the help. Also am i correct in saying that they would only be paying the difference between the 80% pay and the 100% pay right??
  9. I served in the military in 1996. During basic training I was injured. 1. I applied for disability due to the injury in 2000 and was denied then again in 2002. In 2002 I never received a letter stating the denial. I called several times and was told that I was denied. In 2016 I went back to apply because the back & neck injury that I received in the service is really server now. When I went to reapply the lady at the VA Hospital told me that I was NEVER denied. That I was just rated at 0%. She said that I should have been told whenever my condition got worse to apply for an increase. Since I never received a letter and I was told verbally by 2 different people that my case was denied can I appeal the decision that was made in 2002 or is the only recourse is to reapply. If I reapply can I get them to pay me back to when the condition got severely worse which is about 6 years ago? HELP, What should I do? I know I should not have waited this long but I also suffer from PTSD which causes me to limit my contact with people and because I had applied twice and was told both times that I was denied I did not have the strength to try again. If my condition had not gotten so bad that I can do nothing now I would never had gone back.
  10. I filed for disability benefits in Jan/13. Went for c&p exam Dec/14. Was awarded benefits at 40% in Feb./15 with back pay only dating back to Jan/13. I have fellow vets and battle buddies telling me I can file for back pay for the same injuries incurred in 03 in Iraq. Is this true? The reason for the gap between separation and filing is simply because I did not know I could file for VA disability benefits until a school VA rep told me so in 2012. I just want to know if compensation is still owed me and how do I go about obtaining it. The DAV in Indiana helped me file the first time.
  11. I was proposed to be incompetent, so I presented all the evidence possible to convince the V.A. that although my injuries are extensive; I am competent. I waited for about 1 1/2 years for the V.A. to decide that I am in fact able to handle may own affairs and rate me "competent". According to the letter I am rated as competent and I shall continue to receive my full payment. However, I have not received any back payment or retroactive payment. When I called the Hot Line they told me that it will take between 10-45days to process. It is now 97days later and I still have not seen any action taken by the V.A.. As I continue to call them, they state that I do rate a large sum for my retroactive pay but, no one knows who to contact. I am at a loss. I don't know who to contact to get this moving or why it is taking them so long. Does anyone have experience with this.....? I really just want to pay the bills that stacked up while I could not work and had no way of paying..... I am not trying to build a savings account. Please anyone advise.
  12. FINALLY after 8 long years, I was just told that the direct deposit was setup yesterday. I made my original PTSD claim in 04/2007 and my appeal since 08/08 it just got approved Jan of 2015. I was rated 30 percent and my back pay was not as much as I hoped but I'm definitely not complaining. My question though is, how long does it take for it to hit my bank acct lol!!!! I'm just anxious, longest 8 years of my life dealing with this. Semper Fi Brothers, hope nobody ever has to go through what I did to get this! Cpl. Ramirez 02-06 USMC
  13. Hello fellow veterans. I searched to see if a specific thread already existed that was discussing my situation. I filed an initial claim for disability back in October, 2013 using the FDC process. I was assisted by National Service Officer for the Disabled American Veterans organization and he was fantastic. My claim was processed and a decision was mailed to me in early May, 2014. I cannot complain about the process and I am pleased that it was completed in relatively short order. There is one catch. The one year of retroactive benefits pay is still stuck in the payment process. The DAV said that I am eligible and the payment should be processed in 90 to 120 days. I am seeking other individuals that are in the same situation. Initial claim filed with FDC and decision reached, but still waiting on the 1 year of retro pay which was the proverbial carrot that makes the FDC process worth the extra leg work. Anyone that has some info on length of time it took them to get the retro pay or other information would be fantastic. Thanks! Pat 10 year active duty Navy Vet, MM1/SS
  14. Hi I served three years in the Army from 2000-03 as a 11c with an honorable discharge. I ets from camp casey korea and had filled a claim during my exit exam for my left knee and left shoulder. Both were approved for tendonitis and i was rated at 20 %. At the time of my exam i also complained of lower back and hip pain on my left side. I belived it was due to my left knee. We were road marching and running a lot in korea, thats what the infantry does. In 2004 when i got my 20% rating for my knee and shoulder the claim for lower back and hip pain were deferred.Fast forward in jan 2013 i went to the county vso and had them help me file for an increase for my shoulder it has continually gotten worse. The claim took a year and at the end i was granted 30%. The weird thing is when i received my rating in the mail the old claims were addressed stating we see that your claims for lower back pain and hip pain in nov 2003 are unresolved, sorry for any inconvenience. Online on e benefits the claims for lower back pain and left hip pain just appeared one day and are in administrative review. Also online the claim date Changed now to 2013 instead of 2003. My question is what do i make of this what do i do?
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