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Question Regarding Initial Start For Granted Benefits


emptyshell
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Question

I filed a form 21-4138 on 1/19/1994. Statement basically says "I wish to open a claim for benefits for mental health condition"

It was stamped as being received on 1/26/1994. I was granted a Pain disorder in May 2010

In the Decision from Department of VA Region it states:

"Service connection for pain disorder associated with Psychological features and a general medical condition / dysthmic mood disorder is granted with an evaluation of 30% effective October 19th 1994(date of claim under appeal)"

Dont they have to go back to my initial filing for this claim..seems to me I have seen this come up before in discussions. RO never sent me a breakdown on my retro monthly benefit would be....just curious are they supposed to?

The benefit was direct deposited in the bank.

I know when I received an increase on my lumbar fracture of an extra 10%, they had to go back to 1994 when I filed an appeal regarding this issue. Both of these claims were on the same docket.

Both issues were seperated when it came up for a decision though...about 9 months prior the RO granted me that extra 10%lumber issue to go back retro to 1994. I had to send them all my dependents and there ages back to 1994.

I figured they based the amount I received for pain mood disorder on the same paperwork cause they had to go back as well. But now I think they only went back to Nov. 1994 instead of basing mental issue on the initial filing which is Jan 1994.

How do I get them to send me out a breakdown on the months they paid at the starting date?

What are they meaning when they state "date of claim under appeal"?

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  • HadIt.com Elder

Yes, I believe given what you say the award should be effective to the date you file the claim. I would get to the bottom of this by visiting the VARO and seeing a counselor if possible. Why did it take six years to win this claim?

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Today I found out that the RO has every right to only go back to the date to the granting of the extra 10% lumbar compression fractures(which is Nov 1994. They consider my pain/mood disorder to be a secondary which is tied up with my physical lumbar granting. Now don't understand how in one case ...they tell me that pain/mood disorder is a mental disorder but they have every right to exclude it as a mental when they have to go back and pay out my award. It is funny...first I am told that the VA will not seperate a PTSD and a Pain/Mood disorder(because they are two mental conditions) because they decide which is more prominant of the two...and on the other hand when I have a mental disorder they will not go back to an initial claim for mental and pay me accordingly. What do you think of that??

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  • HadIt.com Elder

File an appeal. The VA has cheated about a million vets on effective dates.

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"and on the other hand when I have a mental disorder they will not go back to an initial claim for mental and pay me accordingly. What do you think of that??"

Can you scan and post their reasons and bases for that? (Cover the personal stuff)

"I filed a form 21-4138 on 1/19/1994. Statement basically says "I wish to open a claim for benefits for mental health condition"

Did you continuously prosecute the mental health claim????

Did you formally appeal it?

"Service connection for pain disorder associated with Psychological features and a general medical condition / dysthmic mood disorder is granted with an evaluation of 30% effective October 19th 1994(date of claim under appeal)"

Is this award recent???? when did you get this award?

This is confusung.

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Berta,

Thanks for the info...I will have my wife scan my decision and help me get it on here so you can look at it...much appreciated..

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  • Moderator

I agree with John and Berta...you probabbly should file a NOD, but you will get more specific help on what your reasons for appeal should be if you post at least the relevant parts of your decision.

However, if you are getting close to the one year appeal date, dont wait to try to figure out reasons for your appeal, just do a "generic" NOD something like:

Notice of Disagreement:

I disagree with the decision dated ..........1 January 1994 and plan to contest the result electing a DRO review. The issue(s) I am disputing is the effective date.

(If you have more issues with the decision, percentages, unadjuticated claims, etc, then dont neglect to include those other issues in your NOD also.)

DONT get your NOD in LATE, ever. A generic NOD timely filed is much better than a detailed well written out NOD filed late.

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