When Are Benefits Retro To Date Of Discharge?

[Rickj]

I was discharged in 1986 and was given a 40% rating for a missing spleen and a herniated disk. These were the result of an accident I had while on duty. Also considered, but not compensated, was a laceration on my hand. Now, years later, upon VA examination, they decided to pay a 10% disability to compensate me for the "superficial scar that is painful on examination." Well, that painful scar was there at the time of discharge. It was considered and then denied for benfits. Doesn't this decision to finally compensate me for that injury actually amount to a reconsideration of my original claim? Now that they have decided it is compensable, doesn't that entitile me to be paid from the date of my separation physical? Hoping you can help, I will thank you in advance. rickj

[jbasser]

If you can prove that the VA admitted CUE which would manifestly change the outcome of the original decision then you can get your correct date.

You have to show them from a legal perspective how they rated your hand wrong.

It can be done. But you must do it right. Also remember the ratings for the hand in effect now do not come into play. it is the ratings that were in effect then.

J

Edited October 7, 2008 by jbasser

[Berta]

jbasser is correct-

the Legal error they committed is probably that they used the wrong DC code on the older final decision.

Something in ther way they worded that decision was obviously wrong.

Did they give you an SC "0" % or did they flatly deny it?

[Ricky]

What did they say about the scar at the time of the original claim?