Appeals Management Center

[ammawa]

The BVA awarded me 20% for my back problem back to 1992. making my back a total of 60% I'm already 100% IU effective Jan 2004 But I put my claim in for IU in 1992. So I'm still fighting for 10 years of retro. Well along with an appeal for my back injury the BVA awarded me the 20% on my back... the BVA sent my case to the AMC for consideration on the other issues...like determining if i should be awarded 100% back to 1992.

I understand that they have to take their time an consider whether or not I'm entitled to 100% paid back to 1992...but I don't understand why I am still waiting on retro for the 20% for my back effective feb 1992. That decision was made in March 2007. I should have been had that payment. it's been 7 months and the Appeals Managemnt Center keeps saying that it is in the final phase of the paper work.

Is this normal to be awarded a claim and take this long to get your retro payment? I got a letter from DAV in Washington, DC in June of this year saying that the DAV has reviewed the most recent decision and i should get a conformation letter soon from the VA> Well... I'm still waiting. I have been waiting 7 months on my retro payment.

Anyone have this problem?

[Berta]

They usually send the retro as soon as they award-

I always got the check before I even got the award letter itself-

Hang on veteran- that retro might be higher than you thought-

I know how miserable it can be to know they owe you some money but not get it-

but I think they are making sure- if they resolve the others issues and it would provide a higher award-

they want it to get into that retro check.my opinion-

If that is not the case-hopefully at least DAV said you would hear something soon.

[Berta]

hope I understood you correctly-

I am glad I read this post again because -

Do I understand that they did award 100% TDIU in 2004 but the retro you want is because they had the TDIU claim in 1992?

They are surely determining if the medical evidence warranted retro back to 1992 as long as you continuously NOdded their denials and full prosecuted this claim.

One of my vet friends kept at them for over 20 years and he finally succeeded -mega bucks in retro- he just simply would not give up and I commend you because you wont give up either.

[ammawa]

Your exacly right Berta... I have vigously appealed all denials that I have ever gotten when it comes to my back, and knees I kept appealing every percentage for my back and knee...starting with the 10% the VA awarded me in 1992 from there it went to 30% to 40% to (60% effective March 2007)

And I have had the TDIU in since Aug 1992 becasue my claim is that my singe back injury kept me from maintaing gainful emplyoment then... not 2004 which they said was the dated of the examination showed proof on IU

And the TDIU has been rmanded 3 times from BVA back to the VARO.

Now that the BVA granted me 20% to my already 40% makes 60% (which is also the max you can get for your a back injury. in the CFR Regulations it stated that if you have ONE service connected disability rated at 60% you shal be rated 100%IU. So that ruling makes it hard for them to deny my IU back to 1992

I still think as long as it has been I would have thought they would have payed me buy now.

But, you're right i have held their feet to the fire since day one and will not give up until I get every penny.

10 years of IU is a good little bit But 7 months counting since i got my BVA decision.

hope I understood you correctly-

I am glad I read this post again because -

Do I understand that they did award 100% TDIU in 2004 but the retro you want is because they had the TDIU claim in 1992?

They are surely determining if the medical evidence warranted retro back to 1992 as long as you continuously NOdded their denials and full prosecuted this claim.

One of my vet friends kept at them for over 20 years and he finally succeeded -mega bucks in retro- he just simply would not give up and I commend you because you wont give up either.

[danang_1969]

The BVA awarded me 20% for my back problem back to 1992. making my back a total of 60% I'm already 100% IU effective Jan 2004 But I put my claim in for IU in 1992. So I'm still fighting for 10 years of retro. Well along with an appeal for my back injury the BVA awarded me the 20% on my back... the BVA sent my case to the AMC for consideration on the other issues...like determining if i should be awarded 100% back to 1992.

I understand that they have to take their time an consider whether or not I'm entitled to 100% paid back to 1992...but I don't understand why I am still waiting on retro for the 20% for my back effective feb 1992. That decision was made in March 2007. I should have been had that payment. it's been 7 months and the Appeals Managemnt Center keeps saying that it is in the final phase of the paper work.

Is this normal to be awarded a claim and take this long to get your retro payment? I got a letter from DAV in Washington, DC in June of this year saying that the DAV has reviewed the most recent decision and i should get a conformation letter soon from the VA> Well... I'm still waiting. I have been waiting 7 months on my retro payment.

Anyone have this problem?

Someone who is familar with the situation, please answer this question, if possible. If a vet receives a denial on secondary conditions to a claim with instruction to submit a form 9 for appeal if wanted and in that same legal documents of denial the decision states that you service-connected condition on _____ wil be addressed in a separte issue. What if the vet appeals before they get the decision letter or the money on the SC that is to be decided in the separte issue. Would the VA consider the vet to be appealing all contained in the ruling? Not a question that I know the answer to and would like to know it, because I have the same situation where secondary conditions have been denied and hinted at a least, if not a proclaimation made on being granted SC in another area in the same document. If the vet appeals to the Regional within the sixty day time frame, are they appealing everything contained in the document, including the granted part not yet received. Someone without a lawyer would have trouble wording the appeal in a legal fashion to prevent appealing also the possible granted SC before it was decided and awarded on the separate issue. Since the condition or percentage would be decided in a separate issue and the vet had not received the ruling in the mail it, could be considered to be appealed. I am awaiting a letter as we speak on a SC stating a separate issue would be addressed in a separate issue. I may be wrong, but I feel it would dangerous to appeal anything until I receive the SC and the ruling on the separate issue. Are they dragging their feet until my sixty days has expired and I would be forced to appeal to Washington within a the 1 year time limit or possible expecting me to appeal so they can consider all the conditions again and yet another waiting period? Comments please.

[danang_1969]

Someone who is familiar with the situation, please answer this question, if possible. If a vet receives a denial on secondary conditions to a claim with instruction to submit a form 9 for appeal if wanted and in that same legal documents of denial the decision states that you service-connected condition on _____ Will be addressed in a separate issue. What if the vet appeals before they get the decision letter or the money on the SC that is to be decided in the separate issue. Would the VA consider the vet to be appealing all contained in the ruling? Not a question that I know the answer to and would like to know it, because I have the same situation where secondary conditions have been denied and hinted at a least, if not a proclamation made on being granted SC in another area in the same document. If the vet appeals to the Regional within the sixty day time frame, are they appealing everything contained in the document, including the granted part not yet received. Someone without a lawyer would have trouble wording the appeal in a legal fashion to prevent appealing also the possible granted SC before it was decided and awarded on the separate issue. Since the condition or percentage would be decided in a separate issue and the vet had not received the ruling in the mail it, could be considered to be appealed. I am awaiting a letter as we speak on a SC stating a separate issue would be addressed in a separate issue. I may be wrong, but I feel it would dangerous to appeal anything until I receive the SC and the ruling on the separate issue. Are they dragging their feet until my sixty days has expired and I would be forced to appeal to Washington within a the 1 year time limit or possible expecting me to appeal so they can consider all the conditions again and yet another waiting period? Comments please.

Danang_1969

[ammawa]

I think in any appeal that you have to specifically state what you are appealing. I always waited until I got the retro before I would appeal. and trust me I was never long afer i got the retro payment.

In this case I submitted the claim for IU in 1992 the VA tried to short change me 12 years...which like i said was remanded three times back to the VARO....I was then asked if i wanted a hearing in local VARO here in Huntington, WV or did I want a hearing in Washington, DC. I choose to have them get it out of the VARO and into someone who I thought would make the best decison...here in Huntington, my case I feel has gotten personal with me and the VARO. I think we can all agree that over a period of time those VSO and people on the high end of VA staff starts knowing atleast you and your case... I felt that VARO here in WV wasn't trying to give me a fair shake....because they held it for 3 years and then denied it... then sent it to BVA just to have is sent back in a year for the VARO to sit on it another 2 or 3 years. So that's why decided to have my hearing in Washington, DC. Which was to my favort because they granted the 20%effective feb. 1992 Huntington, WV VARO wouldn't have dmade a favorable decision like the BVA did.