Retro Pay

[Commander Bob]

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

I agree Testvet. However,TBI manifests itself in many ways. This could even be yet, another VA misdiagnosis from years ago. Using today's standards, all caregivers during the Vietnam era were incompetent, due to the ignorance of the practice of medicine and the times we lived.. . During the Vietnam era, there was no such thing as TBI or PTSD.

Until then Good Luck..

http://en.wikipedia.org/wiki/Traumatic_brain_injury

Edited May 23, 2010 by Commander Bob

[mortarman]

Thanks Carlie-

this regulation can be powerful stuff for some vets.

Hi Berta i think the v.a. has duty to assists.Why did they not then assist,me with claim.Why did they not get St.Louis records.I am not looking for retro back to 1970,Only service connection.What say you.

[john999]

I say that the only way to get retro back to 1970 is via a CUE unless your claim has been open all this time. Duty to assist won't help you in a 40 year retro quest. Another reason why it is so hard to win retro to the "way back time". If you claim involves duty to assist, argument over weight of evidence don't count that retro money. Yes, you are getting screwed, but join the club.

[Testvet]

mortarman in 1970 there was NO duty to assist & VCAA was not in effect at the time. That duty to assist is a vague term whats is assistance and how much do they have to do to fulfill the obligations?

Much like the claim from the VA itself that the claims process is "non-adversarial" how many of us truly believe that? It is very adversarial in many cases it is like we have gone back to war, this time against our own government in order for them to keep that famous "PROMISE" if you are hurt or killed while on active duty a grateful nation will care for you and or your family due to any service connected medical problems.

Hadit exists because that is one of the many misguided statements of government officials, it ranks right up there with that old promise that is you stayed in and retired from the military they would give you and your spouse medical care until you died. Back in the 80s during the first BRAC closure and they shut down all the military bases and base hospitals around the nation, they determined they could not keep that benefit, so they stopped it based on the fact that it was NOT in writing anywhere, so what that the recruiters told you it was a benefit, your ISG and Company Commanders told you it was a benefit, (they believed it themselves) that a group of retirees took them to the Supreme Court led by Medal of Honor awardee Colonel Bud Day, and the supremes sided with the government that since it was not in writing or any contracts anwhere it was not a benefit the retirees were entitled to and they then created Tricare and Tricare for life to augment Medicare.

This nation is good at breaking it's promises and reneging on doing the right thing if you can prove the govt failed in it's duty to assist, then you may be able to win, but I get the feeling that it is really hard to prove that they did not assist the veteran or the widow filing the claim. It becomes a matter of perception and the way they see it is far different than the way we see it.

Edited May 23, 2010 by Testvet