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Point Me To Source Please!


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Hi Everyone,

First, thank you to all of you who have supported this website. This site is an oasis for making Vets feel normal with so many conditions that can make us feel "abnormal" socially, physically, emotionally, and vocationally.

I've been struggling with debilitating depression, anxiety, and panic attacks, that are secondary to Chronic Bronchitis, Chronic Rhinitis, Eczema, and other issues since active duty in 1988. I'll try to summarize the issues in a brief format:

  • May-June1988, Bootcamp at Great Lakes: A paint & chemical factory explodes adjacent to the base while delivering mail across base as Yeoman. Circle William Condition gets set.
  • Oct 1988: Chronic Bronchitis breathing problems start.
  • 1990-1993: Chronic Bronchitis gets progressively worse, and depression & Anxiety develops while on active duty.
  • 1994: Tour to Persian Gulf enforcing UN resolutions on Iraq.
  • Sept 1994: Discharge, and Chronic Bronchits progresses to daily cough, post nasal drip, mucous. Depression & Anxiety progress.
  • Nov 1994: File first claim for VA Benefits. Start seeeing psychiatrist at VA for Depression & Anxiety.
  • Apr 1995: VA grants 0% rating for Chronic Bronchis, Chronic Rhinitis, Eczema.
  • 1995-1997: Continue seeing psychiatrist at VA; and he prescribes meds.
  • 1997:diagnosis for depression 300.4 & 296.2; I just found this diagnosis in my records (I keep good records).

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Nov 1994: File first claim for VA Benefits. Start seeeing psychiatrist at VA for Depression & Anxiety.<LI>Apr 1995: VA grants 0% rating for Chronic Bronchis, Chronic Rhinitis, Eczema.<LI>1995-1997: Continue seeing psychiatrist at VA; and he prescribes meds.<LI>1997:diagnosis for depression 300.4 & 296.2; I just found this diagnosis in my records (I keep good records).

Did you ever file a claim for depression, being treated by VA and filing a claim to two different things? To get any type of retro payment you had to file a claim after you were diagnosed and after service. If you did file a claim for depression what did the rating decision say?

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Ops hit a wrong button so it's posted twice:

Hi Everyone,

As the board suggest I have been searching for info on the board; however; I'm having trouble deciphering all the mumbo jumbo.

First, thank you to all of you who have supported this website. This site is an oasis for making Vets feel normal with so many conditions that can make us feel "abnormal" socially, physically, emotionally, and vocationally. I really have the feeling "YOU ARE NOT ALONE HERE!".

I've been struggling with debilitating depression, anxiety, and panic attacks, that are secondary to Chronic Bronchitis, Chronic Rhinitis, Eczema, and other issues since active duty in 1988.

To summarize:

  • May-June1988, Bootcamp at Great Lakes: A paint & chemical factory explodes adjacent to the base while delivering mail across base as Yeoman. Circle William Condition gets set.
  • Oct 1988: Chronic Bronchitis & Rhinitis breathing problems start.
  • 1990-1993: Chronic Bronchitis & Rhinitis gets progressively worse, and depression & Anxiety develops while on active duty, although this fact is not part of my SMR.
  • Jan-Jul 1994: Tour to Persian Gulf enforcing UN resolutions on Iraq. I believe my Chronic Bronchitis was exacerbated by tour in North Arabian Gulf.
  • Sept 1994: Honorable Discharge, and Chronic Bronchits & Rhinitis progresses to daily cough, post nasal drip, mucous. Depression & Anxiety progress.
  • Nov 1994: File first claim for VA Benefits. Start seeeing psychiatrist at VA for Depression & Anxiety.
  • Apr 1995: VA grants service connection at 0% rating for Chronic Bronchis & Rhinitis, & Eczema.
  • 1995-1997: Continue seeing psychiatrist at VA; and he prescribes meds.
  • 1997: VA diagnosis for Neurotice depression 300.4 & Depress Unspecified 296.2; I just discovered this in my records (I keep good records).
  • 1998: File for increase rating for Chronic Bronchitis & Rhinitis, Eczema 0% rating continued.
  • 2002: File for increase & VA splits Chronic Bronchitis (0% conitnued) apart from Chronic Rhinitis (increased to 10%). Eczema continued.
  • 2009: Continuously under the care of Mental health at VA since discharge. Taking meds for 10 years now for Depression & Anxiety.
  • Aug-2009: Serious bout of Chronic Bronchitis has me in bed for a month. Experience three nightmares of suffocating in six months.
  • Nov-2009: Realize my POA is with VA, and move my POA to DAV to a former shipmate who is a NSO for Oakland DAV. He's good, and I trust him.
  • Nov-2009: Apply for increase for Chronic Bronchitis, Chronic Rhinitis, Eczema, and for Depression & Anxiety secondary to Chronic Bronchitis etc.
  • Apr-May 2010: VA allergist Dr. test NKA, She was really good too and fair, and states "it sounds like you received a chemical burn to your airways, and then it was exacerbated by the tour in the Persian Gulf". I nearly fell out of my chair that someone at the VA is finally using common sense combined with medical conditions to make reasonable decisions.
  • Aug-2010: VARO sends request for evidence. I have compiled a nightmare dream journal in email format to my DAV rep as evidence.
  • Aug-2010: C&P exam w/ Psychiatrist; he really listened, treated me fairly, & made the report over the phone in my presence. It sounded like he affirmed the diagnosis.
  • Aug-2010: While reviewing my records I discover the VA depression diagnosis from 1997 mentioned above.
    SO, as the boards rules state; I've been looking for information of "Retro-active" pay & benefits, but have not been able to make much sense of what I'm finding.
    What I'd like to know is:


  1. Would I be able to file for retroactive pay if this is the first time I requested SC for Depression & Anxiety secondary to Bronchiits, considering I have a diagnoiss from 1997.
  2. When I eventually get an increase for Chronic Bronchitis how do I go about file for retro to the time of discharge.

Essentially, HOW does the retro process work. Point me in the right direction, and I will read up. Thanks so much.

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I've been struggling with debilitating depression, anxiety, and panic attacks, that are secondary to Chronic Bronchitis, Chronic Rhinitis, Eczema, and other issues since active duty in 1988.

To summarize:

  1. Would I be able to file for retroactive pay if this is the first time I requested SC for Depression & Anxiety secondary to Bronchiits, considering I have a diagnoiss from 1997.
  2. When I eventually get an increase for Chronic Bronchitis how do I go about file for retro to the time of discharge.

Essentially, HOW does the retro process work. Point me in the right direction, and I will read up. Thanks so much.

1. NO

2. You will not get retro back to time of separation.

38 CFR 3.400

Effective Date Regs :

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/38cfr3.400.pdf

38 CFR 3.156

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/38cfr3.156.pdf

38 CFR 3.157

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/38cfr3.157.pdf

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Carlie is right, if you never filed a claim for depression VA will not pay you any back pay/retro pay.

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1. NO

2. You will not get retro back to time of separation.

Thanks Carlie,

  1. I never did file a claim for D&A until this year.
  2. I have had a claim for Respiratory distress since 1994.
  3. But what I hear you saying is; even though I do, and it's rated at 0% when it gets increased it's not retro in time, it's only from now forward.
SO, I should just move on with the rating I receive.

Thanks again, I truely appreciate it.

38 CFR 3.400

Effective Date Regs :

http://edocket.acces.../38cfr3.400.pdf

38 CFR 3.156

http://edocket.acces.../38cfr3.156.pdf

38 CFR 3.157

http://edocket.acces.../38cfr3.157.pdf

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