Retro Pay

[Josephine]

I ask the question of the filing date, as I did file and was paid 40 years after discharge.

I was stupid and didn't file immediately after discharge.

The Navy put the fear of God in me and for years I was afraid to walk into or

even contact the VA.

According to their records my first filing date was 1992.

They have down I filed for Nervousness and fear of heights.

I didn't do the filling in of the blanks one of the VA Counselors did it for me.

I filed to re-open that claim under Anxiety.

It was when I secured my own "Psychiatric Records" from the St. Louis Archives

was the claim re-opened, because the VA never acquired them before

and they were deemed " Both New and Material Evidence" by the VA.

First C&P was " More Likely than not"

Transferred file to another R.O

Second C&P by two Psychiatrist

Personality Disorder.

BVA and then the AMC and denied and back to BVA.

I had to fight a bit and get rid of the old " Personality Disorder" with an Independent

Medical Opinion and Evaluation. Of course he had to be at the top of his field with

Credentials a Mile long.

In the end the BVA Judge awarded me retro back to my first filing date.

As you can see years past and there were times, I was ready to throw in the towel, but

The Members of Hadit did Research for me, help me type letters, everyone came to my rescue

and we finally won this long drawn out claim.

I had help from everyone in emails and P.M's and

post on the board.

I was paid a large sum of money and I am forever grateful to everyone.

The older members of the board know my story, but wanted to post if you think

you have the goods on them with " New and Material Evidence".

Go for it, but it will and may be a long haul ahead of you.

I had to dodge pot holes and everything they threw at me.

Good luck and the Best to You!!

[cowgirl]

Halloo, you are your best advocate!

Good advice given here, all the best to you. Note, on a claim of mine the VA rater 'portioned' out my Service Treatment Records (STR) to a limited time period - so heed the VCAA advice - the details do matter where its important. Keep at it and ask questions on any of the responded posts here.

The ball is in your court to prove up so watch 'expectations' of large disability awards, I did that and got overstressed healthwise. Hadit elders helped me slow down, get realistic, on track and take baby steps to achieve my claim outcome using the VA regulations and clear medical opinions.

Best to ya,

Cowgirl'up!

I have filed claim for t.b.i. Records from St.Louis, Mo were never requested by V.A. In 1970 i told examier that i had a conussion St.Louis stated no one every requested my records but me.Due you thank i will get retro back to 1970.I am know 100%p&t What kind of rateing due you think i will get.Polytrama told me to file?

Edited May 17, 2010 by cowgirl

[mortarman]

Reason we are asking what Josephine asked is if the claim was filed in 1970 and denied due to lack of the service records you do have a chance for retro back to 1970.

The regulation is posted here under a search for newly discovered service records.

I think I posted it again recently for someone.

I had similiar experience with my husband's SSA records.

VA never requested them from SSA (but said they did and SSA refused to send them)and I only found out by calling SSA that the VA had lied.

TBI is rated on residuals-

do you get 100% now or is this what you feel the claim will award?

Do you have other issues in the TBI claim too?

Do you believe the TBI or the concussion was fully documented in your SMRs?

[mortarman]

I am 100%p&T the T.B.I. information is in S.M.R. also polytrama clinic stated i had T.B.I. Letter from St.Louis.Mo.states no one but me asked for records.Due you think i should also get nexus

[Commander Bob]

During the Vietnam era. just like PTSD, TBI was overlooked in so many cases. Too many combat wounded RVN vets weren't treated for TBI, unless they were severely impaired by their head injury. In 1968 when I was blown up in a mine field, I was never checked for TBI. I still have a dent in my head that has never been checked out, the way they do now.

JMHO...We need a "Nehmer" type ruling , or Congressional act, for Vietnam TBI vets.

Unless you are prepared to "take them to the mat", and hire the best attorney you can find, I feel the same as Testvet, 4/5/2010.

However I feel that you and all the other Vietnam vets that have suffered undiagnosed TBI should be paid back to Military discharge date.

(reason for edit: typo )

Edited May 18, 2010 by Commander Bob

[carlie]

I have filed claim for t.b.i. Records from St.Louis, Mo were never requested by V.A. In 1970 i told examier that i had a conussion St.Louis stated no one every requested my records but me.Due you thank i will get retro back to 1970.I am know 100%p&t What kind of rateing due you think i will get.Polytrama told me to file?

mortarman,

I do not think VA viewed TBI as a condition until Oct 2008.

Prior to that VA rated head injury simply under the different Diagnostic Codes

that pertained to the areas effected, and the main DC for it at that time was

DC 8045 - trauma due to brain injury, which pretty much limited the vet to a ten

percent disability level.

In Oct 2008, Diagnostic Code 8045 was changer to TBI.

Apparently in 1970 you were seen by a VA examiner.

Was this for a C&P examination ?

If the answer is yes - then what disabling conditions, specifically

did you file a request for SC on.

This would be shown on your 21-526 form.

What specifically was the response from VA on your first and original Rating Decision ?

If you are able - post what your first Rating Decision stated.

Back in 1970, rating decisions did not have the same sections as they do now.

Back in 1970 it would be listed something like this on the Rating Decision:

I = issue

j = jurisdiction

f= findings

You may have a chance at some retro back to 1970 - but I feel sure that it wouldn't

be a percentage even near 100 percent. One thing it would hinge - on is the medical evidence

from back then.

carlie