Retro Pay

[Commander Bob]

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

Thanks for the info, carlie. JMHO,... More reason for Vietnam vets with old wounds and claims to get a lawyer..

[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]

The records or in my SMR i thought they had everthing,at 1970 exam he noted conucssion in record.St Louis stated no one requested records but me.I let the sevice officer handle case.Only when polytrama Doc stated i had T.B.I. Ifiled claim.It was not claimed in orgional decision.I am 100%p&t.

[Commander Bob]

The records or in my SMR i thought they had everthing,at 1970 exam he noted conucssion in record.St Louis stated no one requested records but me.I let the sevice officer handle case.Only when polytrama Doc stated i had T.B.I. Ifiled claim.It was not claimed in orgional decision.I am 100%p&t.

I am glad to see that you are drawing 100% mortarman.

Vietnam era.

Question: When did you see a polytrama Doc?

When was your TBI diagnosed?

Congratulations and thanks for the info.

[Testvet]

part of the equation is how did the TBI affect you were you unable to attend college as a result of your concussion did it prevent you from having a drivers license how severe was the impact of your concussion, did it affect your employability between 1970 and when you filed in 2010? If it was affecting you noticeably in 1970 why did you not appeal the VARO ignoring the medical issue and why did you not file any claims for damages between 1970 and 2010? These are all questions that the VA and if you appeal to the BVA will bring up at some point.

Is there an MRI that shows damage to an area of your brain from the concussion? I hate to sound like a broken record but from all appearances it seems that the concussion did not have a large impact on your life and you led your life to 2010 and then learned that TBI is now a compensable condition but unless it is severe enough to get a rating higher than 60% given that you are 100% P&T it will not even give you a bump to SMC S

I have not seen any reason why they would grant back pay to 1970 from any of the statements that have been posted. If by some miracle they grant you and award or 10 or 20% back to 1970 and pay it then you will be a very lucky man go buy a lottery ticket sell people pats of the budda belly because as far as long shots go this is the longest one of I have heard of

I just hate to see a veteran get the idea in their head they are due 40 years or more of back pay when it is more probable that they are going to get nothing.....

we are here to help veterans and part of that is telling them the truth

[john999]

If you had filed for a head injury in 1970 and were denied or low balled, and then you discovered lost medical records that should have been before the rater then you might be able to get retro. The only way is a CUE I think. CUE's are only based on what was before the raters at the time, or should have been before the rater. If the TBI was not claimed in original decision I think you are out of luck. Even if they head injury was claimed you have a tough fight. Getting the big retro from the VA is hard work, but a few here have got it.