Audit Of Veterans Benefits Administration

[carlie]

March 12, 2009

http://www.va.gov/oig/52/reports/2009/VAOIG-08-02073-96.pdf

[cvsp]

Pete,

Thanks. I thought that I had misunderstood the ruling on effective date. I guess the question is if the VA ever actually rewards an effective date prior to your claim. It would make sense to me.

So if my SMRs have 4 doctors making the same diagnosis while AD, I file a SC for the same diagnosis, I should be hoping / working on getting an effective date of my ETS?

[pacmanx1]

If all goes right yes, beware VA may low ball you. They may give you service connection from your ETS date but make it 0% so there is no money involved. Your record must also show continued treatment after you got out of the service. VA may also try to just pay you from your claim date. The sneaky bastards won't play fair. It would be great if once a veteran file a claim that VA reviews the entire file and grant the veteran everything he/she was entitled to but they won't do that. That's doing the right thing, that's helping the vet, that's cutting down the back log by eliminating numerous claims for increase. It would take a while but the only claims for increase would be for secondary issues. Still waiting for someone to chime in and tell me I am off or wrong in my logic. My depression/concentration tells me I a right an VA (lying dogs) hate to pay out a dime like the frigging money belongs to them. I used to be finance in the military and when the reg. say you meet the requirements then you are entitled to be paid, don't try to play word games to deny and say no. When did you get out? When did you file your claim? Have you been to the doctor (VA or Private) for you conditions?

Pete992

[cvsp]

Pete,

I got out in 97. SMRs are full of CFS diagnosis and minor references to PTSD, depression. ETS physical states CFS and PTSD are still unresolved (if you will).

Since that time I have been admitted of and on I think 5 or 6 times yet they are mostly for depression and PTSD (I sort of gave up on the CFS as it seemed made up to me). The only real time I did go for CFS was at a recent C&P exam where the doctor diagnosied me with CFS.

[pacmanx1]

cvsp, Hey have you read the regulation here it is: I think the key words are incapacitating and bed rest JMHO but this may be hard to get, sorry to be negative.

6354 Chronic Fatigue Syndrome (CFS):Debilitating fatigue, cognitive impairments (such as inability to concentrate, forgetfulness, confusion), or a combination of other signs and symptoms:

Which are nearly constant and so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care 100

Which are nearly constant and restrict routine daily activities to less than 50 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least six weeks total duration per year

60

Which are nearly constant and restrict routine daily activities to 50 to 75 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least four but less than six weeks total duration per year 40

Which are nearly constant and restrict routine daily activities by less than 25 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least two but less than four weeks total duration per year 20

Which wax and wane but result in periods of incapacitation of at least one but less than two weeks total duration per year, or; symptoms controlled by continuous medication 10

Note: For the purpose of evaluating this disability, the condition will be considered incapacitating only while it requires bed rest and treatment by a physician.

Pete992