Retro Pay

[Berta]

Thanks Carlie-

this regulation can be powerful stuff for some vets.

[Testvet]

Berta how did the VA handle claims for veterans with AO related problems did they pay them back to when they were discharged or wehn the VA admitted that AO was a problem and veterans then filed claims for the medical conditions? Before 2004 or 2005 the VA did not compensate for TBI before then concussions were normally thought of as a non damage causing medical condition and they never compensated veterans for them

[Commander Bob]

I believe the reg Berta is referring to is 38 CFR 3.156 ©.

carlie

Thank you carlie & Berta. I'll need to refer to that reg in my appeal.

[Berta]

"Berta how did the VA handle claims for veterans with AO related problems did they pay them back to when they were discharged or wehn the VA admitted that AO was a problem and veterans then filed claims for the medical conditions? Before 2004 or 2005 the VA did not compensate for TBI before then concussions were normally thought of as a non damage causing medical condition and they never compensated veterans for them

Berta Posted Yesterday, 02:22 PM

TestVet -the Nehmer COurt order and Stipulation controls AO claims and their retro.

But in most cases the date of the original claim controls the retro.

Nehmer I and Nehmer II are very complex cases.

They are found at the NVLSP web site and in the VBM in great detail.

A vet has to determine in what class they fall (Nehmer AO vets and widows are class action members)and then how the retro should be awarded.

I know MANY vets suffered TBI in Vietnam and in other wars or any situation which would cause TBI.

It took VA years to understand that the so called signature wound of Iraq(TBI)has disabled war vets since time began.

ANy vet who can prove incident that caused them a TBI (not always evident on a MRI) as well as prove they have current ratable residuals of TBI should file a claim for SC of the residuals.

When I think back- one of my husband's stressors was that his buddy hit a mine right in front of him and the entire tank was blown up.Rod was thrown out from his deuce and a half and then suffered hearing loss for a few hours.He couldn't remember if he was unconscious for a few minutes or not and had to retrieve his buddy's body.

When an MRI in 1992 revealed considerable brain damage (from AO DMII CVAs) I wonder if some of that damage could have been older brain lesions from a TBI due to this tank explosion.

Edited May 13, 2010 by Berta

[Testvet]

basically I still believe a claim that was made in 1970 and then no other action was taken for 40 years then the VA will treat that as an abandoned claim and the effective date they will use is when the new claim was filed in this veterans case I beleive they will use the 4/5/2010 date for the retro I do not see them paying 40 years of back pay on a claim like this that has not been appealed or been re-opened at any other time during the past 40 years I just don't want this veteran to think he is due 40 years of back pay and get obssessed thinking the VA is cheating him out of his money like Keith Roberts did most times the VA will only pay to when the current claim was opened

[Berta]

The BVA has stated in a few decisions that the claims process is not a "one way street" and obviously if a vet files a claim and then does not pursue it or start asking questions as to the claims status for years- the veteran has not taken an active role in getting their claim resolved.

The VCAA made it difficult for a vet to 'abandon' or not act on a claim.

The VCAA letter not only verifies as proof that the formal claim was filed, and gives the date of claim, but it tells the vet exactly what evidence the VA needs and also asks for a response.