Backpay

[cannoncocker]

I received a letter from my DAV REP from Winston-Salem, who is the best I have ever had, seems to be on my claim before the VA is!

It stated two main findigs, started at 60% disability and 20% For Lumbar Strain with pain down legs. That 20% resulted in no increase in Disability Compensation, due to VA Computation.

1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010 (QTC Eam was on 19 April 2010).

2. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued.

That effective increases my disability to 70% and denies any back pay which I have been doing battle over this since April 2008.

Since I know now that this could not be possibly be budget related. Could some knowledgable person post the reasoning for this effective date of April 19, 2010?

Radicular pain pattern left leg; sensory has been established and claimed since 2008 and 2006 MRI's which shows exactly the pinched S1 at L5, Multiple VA Neurrology consults which found Radicular pain pattern left leg and sensory loss. They offered Epidural injections and surgery which I declined. IMO Chronic radiculopathy...2009 about July 2009.

A DAV Rep submitted a Layperson claim for me, stating Low Back Pain. Do I need a degree in medicine to submit a claim but all of the sypmtoms were noted to VA and IMO personell at the same time as Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs and Radicular pain pattern left leg; sensory.

I need an opinion, as this was sent by the DAV REP, was this just run up the flag Pole to see if it would fly since nothing has been received from the VA. Should I just take the 70% and go crawl in a hole or fight this on to whatever end this leads?

Time for a lawyer and offer the 6000.00 just to fight it?

Keep on the DAV Rep since he for some reason knows weeks before the VA does before they do.

PS Still resisting IVDS diagnosis and staying with strain even though they write IVDS in their diagnosis. What is that?

Edited May 13, 2010 by cannoncocker

[Pete53]

Its sort of a witch hunt but check your medical records and you probably saw a Doc on April 19 or close to it. The VA works on all kinds of ways to cheat us out of retro.

[Vync]

DAV reps tend to get a letter mailed to them when it looks like a claim decision has been reached. It usually takes the VA a week or two to finish up whatever they do before they mail out a letter to you. One important thing to be aware of is that your claim could still change and you might receive a different letter from the VA than what you received from the DAV. Sometimes it is better to know something earlier than having to wait for the entire news.

If you received a rating increase (not a new claim), look back 12 months from the date you filed your increase request. If you "meet" the requirements for the increased rating within 12 months prior, they are supposed to set your effective date based on that date. They did it with my asthma increase request and I actually had two effective dates because I had records which proved two different levels of increase.

[carlie]

If you received a rating increase (not a new claim), look back 12 months from the date you filed your increase request. If you "meet" the requirements for the increased rating within 12 months prior, they are supposed to set your effective date based on that date. They did it with my asthma increase request and I actually had two effective dates because I had records which proved two different levels of increase.

Vync,

Can you provide the link regarding this,to the 38 CFR reg for cannoncocker ?

It will help VA claimants to see the reg. and have an understanding of how

the above worked for you.

carlie

[Vync]

Carlie,

Certainly, but I will have to dig for it...

[Vync]

(SC increases are special)

Here it is:

38 CFR 3.400 ( o )( 2 )

warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_400.DOC

(copied straight from the document, but I adjusted the items in parenthesis so they do not look like smileys)

( o ) Increases ( 38 U.S.C. 5110( a ) and 5110( B )( 2 ), Pub. L. 94-71, 89 Stat. 395; §§3.109, 3.156, 3.157 ):

(1) General. Except as provided in paragraph ( o )( 2 ) of this section and §3.401( B ), date of receipt of claim or date entitlement arose, whichever is later. A retroactive increase or additional benefit will not be awarded after basic entitlement has been terminated, such as by severance of service connection.

(2) Disability compensation. Earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim is received within 1 year from such date otherwise, date of receipt of claim.

Edited May 13, 2010 by Vync

[Vync]

I hope this helps.

Here's how my situation went:

I was SC 10% for asthma. I met the requirements for 30% last Fall. I met the requirements for 60% last Winter. I pointed this out clearly (and quoted that regulation). The VA did the rest and set my effective dates accordingly.