How Do I Get Retro Pay

[hmcquade]

Hi,

In 2002 I tired to get a disability for Tinnitus that I had since 1970, I was turned down. In 2007 I contacted the DAV rep. in Detriot and we reapplied, I won and received a 10% rating for the Tinnitus and 0% for the hearing loss.

Desipite that fact the the Army has documentation that I complained of tinnintus in 1970 and that a VA ENT diaganoed me with it in 1985 and told me to learn how to live with it, the VA wil not pay me back to 1970. The DAV rep. stated the VA laws will only go back as far as the last claim. Is there any thing I can do?

Thanks,

Hugh

[tagandbag]

Hi,

In 2002 I tired to get a disability for Tinnitus that I had since 1970, I was turned down. In 2007 I contacted the DAV rep. in Detriot and we reapplied, I won and received a 10% rating for the Tinnitus and 0% for the hearing loss.

Desipite that fact the the Army has documentation that I complained of tinnintus in 1970 and that a VA ENT diaganoed me with it in 1985 and told me to learn how to live with it, the VA wil not pay me back to 1970. The DAV rep. stated the VA laws will only go back as far as the last claim. Is there any thing I can do?

Thanks,

Hugh

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Your rep is correct. goes back to when you first filed your claim.

T&B

[hmcquade]

Thanks

Hugh

[poolguy11550]

Should have kept your claim active in 2002, Any regards congrats for proving your claim.

[broncovet]

Hugh

I dont recommend you giving up just yet. First, request a complete copy of your C file and Service medical Records, if you havent already. Remember this may take months, so file a NOD now, just in case, so that it is timely.

After you get these, comb through them thoroughly. Make sure that YOUR records are consistent with the records the VARO had for you. Reason: If you dont already know this, Dr. Peake has admitted that at least 500 Veterans claims records were shredded. (the actual number is probably way, way, higher as it includes only 4 regional offices. Many of the other VARO's are guilty also, it is just that no Veterans from other VARO's have gotten mad enough to file papers with the VAOIG yet) Dr. Peake has said that Veterans who beleive that evidence may have been shredded in their claim may request "Special Claims Handling".

Even if there is no evidence of the above, look for evidence that the Regional Office violated regulations. Pour over CFR 38, and both CAVC and BVA cases where other Veterans have won. I even suggest you try google and hadit searches for things like "Veterans Affairs tinnitus claims" then try that again at both the CAVC site as well as the BVA. If you find evidence that another Veteran won a similar case, then cite that case in your appeal.

Finally, if none of the above works, contact a Veterans lawyer and see if HE can see something you cant. He may be able to find a "legal loophole" where you get your Retro that you overlooked. Remember, our legal system is flawed with loopholes.such as OJ getting away with murder and then going to prison for stealing his own stuff back.

Go on with your life in the interim and dont hold your breath waiting to win your case but be persistent..we had to fight a tough enemy in the war, and now the VA is another tough enemy. Get your boots on and get ready to fight what could be the toughest fight of your life.

[hmcquade]

Thanks the DAV Service Director in Detroit told me do to the laws we have no legal right to get the VA to Pay me back to 1970. What really upsets me is no one for all those years ever told me I could apply for a claim for Tinnitus. I emailed a Law Firm in Michigan that handles VA claims and received the same answer. The VA laws were crafted in such a way that they will only apy you back to when the claim was filed a aproved.

At this point I would have to get a Bill in the Legislature and try to change the VA compensation laws.

Thanks,

Hugh