New Member With A Question About Va Benefit Increase

[rales]

Hello all. I have lurked here for a while but I am finally getting on the ball. I registered and I am going to attempt what feels like an impossible task.

I have searched through the forums and I apologize of I missed this exact type of post from someone else.

I am 37, ex USAF. 30% Service connected (10 each tinnitis, lower back and skin condition). I got out in may 2001 and filed shortly thereafter.

I have had lower back pain regularly since I got out. I have lower back pain and abdominal pain dr visits in my military med records. I think the abdominal pain was just addressed once.

In august 2007 I had severe lower back pain and lower abdominal pain. I went to the Dr and they said it was prostatitis. I was treated and released.

In Jan 2008 I had the same thing happen.

Feb 2008 I have an attack of pain like I have never had before. Lower back, abdominal etc....I go to the ER and find out my large intestine perforated. I had been suffering from diverticulitis. Emergency surgery saved me although I lost a foot of my large intestine.

I am convinced the pain in my lower back has (in part) been caused by the prostatitis and diverticulitis. I just didn't know I was suffering from them.

I have decided to ask for an increase from the VA because I feel the condition(s) causing the pain are more serious now. The diverticulitis/perforated intestine) almost killed me. I have been basically unemployable for the last year (lifting restrictions due to surgeries)

I am already receiving voc rehab benefits through the VA as well.

I possibly jumped the gun and filled out 21-4138 through VONAPP this morning. Dumba** me listed all my reasons but failed to specifically ask for an increase. I also found on hadit that VONAPP should not be used in my case.

Veterans On Line Application VONAPP

Do not use VONAPP if you: Are receiving compensation, pension, or vocational rehabilitation benefits, or Are applying for an increase in benefits, or Already have a pending application for benefits, or Are notifying the VA about dependency or income changes.

What should I do now? Resubmit through vonapp with my increase request? Call my regional office? Punt?

Thanks in advance for any and all help you can provide a rookie like myself.

[Berta]

The Retro if awarded will be most likely paid back to the date you filed the claim.

"Or will it be retro to the date my large intestine ruptured?" Were yo treated at a VA hospital for that? That could possiobly become the date yor "entitlement arose" that would be further back than the claim filing date.

Not enough info here yet to know if that would apply to your EED.

Cruinthe said:

"I came to the conclusion that "misplaced" paperwork at the VA was not a rare or unintentional problem, but actual VA policy."

I agree with good cause.

VA said they never received many critical documents for just about every claim I had.

Somehow I succeeded on those claims anyhow- I gave H VAC testimony (Sub COmmittee) that I had over 53 USPS tracking slips to prove submissions of evidence they never would acknowledge sent to them during a 4 year period at that time.

When I asked for updated copy of my C file after filing my last claim in 2003 I was shocked to find that some of this 'Missing and never received' evidence was right at the bottom of the C file.

I realized long ago that the Buffalo VA employs a MF....

a Mysterious Force with access to our C files who can remove the good stuff until the claim is denied and then they might put it all back into the C file hoping we never find out that they had it all along but didnt acknowledge it because it would have awarded the claim.

This has happened to often to vets and widows like me that it is not carelessness or stupidity in losing our stuff- it is one more tactic to stall and deny.

[john999]

Rales

Concentrate on getting all conditions service connected. Worry about effective dates later. You might want to get IMO/IME to help make all the connections to secondary conditions. You had a back problem in service. You had one consult on abdominal pain. You have to do all you can to make the connection between these military medical records and your current conditions. You need to get a copy of the C&P exam to see what the doctor actually said. Just because he nods his head at the exam does not mean he writes you the kind of report you will want.

[Vync]

There are different rules for a new vs. increased SC ratings for earliest effective date (EED).

New Claims

If you left active duty within 12 months of filing for a new claim, then the EED is the date you left active duty.

If you file a new claim 12 or more months after leaving active duty, the EED would be the date you filed.

Increased Claims

If you file for an increase, the EED usually falls under two categories based on whether or not you have provided the VA with medical treatment records for the specific condition within a 12 month period prior to the date you file.

If you submit no medical treatment records, the EED is the date you filed.

If you submit medical treatment records covering the period within 12 months prior to filing, the earliest documented date of treatment would be your EED.

Here is a hypothetical example:

Your back goes out in January, March, and August of 2009. You file an increase claim for you back in December 2009. If you win, the EED would be January.

Also, your rating percentage may be tiered depending on how bad off you were or due to specific types of treatment.

Unless you submit evidence and specifically tell the VA about any of these earlier treatment dates, they may try to cheat you out of an EED and potentially more retro. If they shaft you, you can always go back and submit the evidence and request the EED be adjusted accordingly.

One more thing. The effective date of payment for retro is always the first day of the next month.

[carlie]

Also, your rating percentage may be tiered depending on how bad off you were or due to specific types of treatment.

Unless you submit evidence and specifically tell the VA about any of these earlier treatment dates, they may try to cheat you out of an EED and potentially more retro.

"Also, your rating percentage may be tiered....."

This is what VA calls "staged ratings" which is derived from medical evidence of different levels of disability, arrived at from earlier to later dates.

"they may try to cheat you out of an EED......"

Just over the past two years I have seen many, many cases of this happening. They seem to be granting more claims but they are also providing

more lowballed percentages and applying effective dates as late as possible.

An example of this is VA trying to support the effective date of, the C&P exam that was ordered by the decision maker (in response to a NOD/ request for increase).

When in reality, the vet submitted medical evidence (with their NOD/request for increase) that should have been sufficient to grant an higher percentage/increase.

I hope this makes sense - I'm thinking a little fuzzy today.

jmho,

carlie

[brokensoldier244th]

There is nothing wrong with VONAPP in my own experience. My first claim was filed that way, my first increase in 2003 was also requested that way. YMMV, but I find it kind of cool to type up the sheets once, then print them off on the right forms already laid out and submit. I can attach supporting stuff or just carry it in to the RO (im lucky though, the Lincoln RO is 2 miles from my house) Good luck, I have an increase pending right now for IVDS and radiculopathy.

What should I do now? Resubmit through vonapp with my increase request? Call my regional office? Punt?

Thanks in advance for any and all help you can provide a rookie like myself.