Connected For Als

[ZenArcher]

I got a call from PVA this morning and I have been connected for ALS with a combined rating of 70%. I haven't gotten my copy of the decision yet so I don't know all the details. The troubling part is that they are only giving me back pay to 9/23 this year which is when the ALS presumption was put in place. My claim has been open since May 2007. I've continued to submit new evidence to ensure that it remained open. I have included a portion of the rule as included in the Federal Register about the applicability date. My question is do I have a leg to stand on if I try to get back pay to the date the claim was filed?

Applicability Date: The provisions of this interim final rule shall apply to all applications for benefits that are received by VA on or after the effective date of this interim final rule or that are pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on the effective date of this interim final rule. In accordance with 38 U.S.C. 5110(g), the effective date of benefits awarded pursuant to this rule will be assigned in accordance with the facts found, but cannot be earlier than the effective date of this rule or the date one year prior to the date of application, whichever is later.

Full text available at: http://frwebgate6.access.gpo.gov/cgi-bin/P...action=retrieve

[simple fly]

it is the same with all presumptives.they only go back to the date it was allowed.not the date of claim or illness.

[ZenArcher]

The thing is I most likely would have been connected even without the presumption based on the exam from a VA neurologist. At this point I don't know if or how to even go about bringing that up or if it would even be worth the effort.

[Wings]

I got a call from PVA this morning and I have been connected for ALS with a combined rating of 70%. I haven't gotten my copy of the decision yet so I don't know all the details. The troubling part is that they are only giving me back pay to 9/23 this year which is when the ALS presumption was put in place. My claim has been open since May 2007. I've continued to submit new evidence to ensure that it remained open. I have included a portion of the rule as included in the Federal Register about the applicability date. My question is do I have a leg to stand on if I try to get back pay to the date the claim was filed?

Applicability Date: The provisions of this interim final rule shall apply to all applications for benefits that are received by VA on or after the effective date of this interim final rule or that are pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on the effective date of this interim final rule. In accordance with 38 U.S.C. 5110(g), the effective date of benefits awarded pursuant to this rule will be assigned in accordance with the facts found, but cannot be earlier than the effective date of this rule or the date one year prior to the date of application, whichever is later.

Full text available at: http://frwebgate6.access.gpo.gov/cgi-bin/P...action=retrieve

Zen, I'd wait until you get the money in the bank before I would Appeal. Just because the ALS Presumption was added to VA Law, doesn't mean you couldn't have been granted Direct Service Connection.

See 38 CFR 3.303(d) Postservice initial diagnosis of disease. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. Presumptive periods are not intended to limit service connection to diseases so diagnosed when the evidence warrants direct service connection. The presumptive provisions of the statute and Department of Veterans Affairs regulations implementing them are intended as liberalizations applicable when the evidence would not warrant service connection without their aid.

~Wings

[Berta]

If you should have been SCed based on medical evidence (a and especially if you get SSA for this very same condition- awarded prior to the EED they gave you I would go for more money-

"In accordance with 38 U.S.C. 5110(g), the effective date of benefits awarded pursuant to this rule will be assigned in accordance with the facts found, but cannot be earlier than the effective date of this rule or the date one year prior to the date of application, whichever is later."

'The date one year prior to date of app'-based on medical evidence one year prior to date of application-

I always use my husband's claim as example

SSA award 1993 for SC PTSD

VA claim filed for higher than 30% PTSD dated 1992-

VA award letter -1997- 100% SC P & T for PTSD , EED 1991- back to the last day he worked and same date SSA gave him for PTSD award.

Not presumptive but still I interpret the EED in youir case the same way-otherwise they would not have added the last words "the date one year prior to the date of application, whichever is later"

But I agree with Wings-get the money first and then fight them for the EED.

[ZenArcher]

I don't intend to do anything until I've seen the decision and read over it myself as well as have that first payment deposited. My question is though, how would I go about proving that I would've been connected regardless? I say that I would and I am confident of that based on the C&P I had with the VA neurologist and his comments. Without the actual decision which I never got before the presumption I have no proof. I had the C&P in July and they held off even responding to me until last week.

What in your opinion would be the course of action to take? I don't know that I have the time to wait for an appeal and I'm going to be submitting requests for increases on a fairly regular basis. ALS is progressive and at some times rapidly progressive. My major concern is qualifying for SAH and auto grants as I have probably 6 months before I'm wheelchair bound. The back pay would be wonderful but is not my top priority. At this point I want to ensure my family is cared for and that I make my care as simple for them as possible. The service connection is a huge step in making that happen. The back pay would just be icing on the cake.

[Berta]

ALS symptoms can often be overlooked-

Did the VA or any private doctor document any of your symptoms prior to the formal diagnosis?

The ALS Assoc . web site has the symptoms listed:

http://www.alsa.org/als/symptoms.cfm?CFID=...0F006A9DCFF2F03

Some symptoms should trigger a doctor to definitely look for a cause-other symptoms may seem transcient or not severe.I bet other ALS vets are having the same problem-the retro is being decided based on diagnosis and not symptomalogy.

But one thing-although MS is different then ALS- the VA has to consider symptoms of MS in order to determine the 7 year presumptive period for MS.

I would think medically documented symptoms-even without formal ALS diagnosis, could prove better EED.