Question Regarding Initial Start For Granted Benefits

[emptyshell]

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"?

[emptyshell]

Alright Berta..finally figured out some new skills on scanning, editing a pdf file...did not realize I how difficult this can be..I really hate computers....never is just a simple task with anything ya do with them...

I am going to give the reasons from the RO regarding why they granted me Pain/ Mood disorder. Ro was to make a decision regarding a claim for:

1. PTSD (which they denied me in this decision and gave me the Pain/mood Disorder. I had an initial claim for Psychological issue since 1/19/1994

2. An increase on my lumbar fractures which is rated at 30%, increase was denied.

I am just attaching the reasons for the pain/moom disorder

I filed an NOD in Time to the RO regarding their decision of Pain/Mood disorder rating of only 30% and also disputed the denial for PTSD

They sent my claim to BVA anyway and disregarded my NOD.

I sent more information to the BVA while they were making a decision...if you would like to read thrie decision I will post it after this...

Hope this makes some sense....

RO decision on Pain.Mood Disorder.pdf

[emptyshell]

Here is the BVA Decision...they granted me PTSD and Radicipulthy(no more than 10%)

They denied my increase for my lumbar fracture. I believe I will appeal this because they are going against their own remands going back to 1994 which they state to "allow me a Neurologist and Orthopedic Surgeon"

They remanded the Pain/Mood disorder back to RO. I filied the NOD and since RO ignored it..I sent a copy to the the BVA while they were working on my case plus I sent extra info on my service connected assault from my service files to substantiate it...figured RO would not send them off to BVA.

I filed for TDIU just prior to my BVA sending me a decision.

So I called the 800 number and all they know is that my file was sent back to the RO....

I received my BVA decision in Nov 2010...waiting to hear how RO will tie in the PTSD with the Pain/mood disorder...what do you think??

Hadit My BVA Decision.pdf

[Berta]

I dont see the date of the VARO award.

This is odd as the BVA obviously granted you as SC for PTSD.

Did the RO state in anyway that they had re characterized the PTSD as Pain and mood disorder?

"waiting to hear how RO will tie in the PTSD with the Pain/mood disorder...what do you think??"

They will only compensate for one MH disability.

But the clinical record could possibly reveal it warrants a higher award under PTSD then the Pain and Mood disorder.Or vice versa. could ....I am not sure at all but nothing is impossible with the VA.

VA is supposed to characterize a disability properly and then pay the highest comp the evidence warrants.

I need to know when the VARO made the above decision-

As far as anything else you disagree with- the NOD is your first avenue of attack on that and I suggest to state exactly why you disagree with the rating and then refer to and enclose medical evidence that would warrant a higher rating.

"I filed for TDIU just prior to my BVA sending me a decision."

Have they confirmed they received the TDIU form?

This could resolve all of your issues-TDIU.

I always felt TDIU awards were easier for VA to handle than multiple rating issues.

A VSO on another Vet org site said the same thing recently.

"allow me a Neurologist and Orthopedic Surgeon"

If they resolve the TDIU favorably with some retro= maybe you should seek an IMO from a Neuro or ortho expert yourself and then ask for Reconsideration of the lower rating for the other disability and hold off on the NOD but only until that NOD deadine grows close.

"1. PTSD (which they denied me in this decision and gave me the Pain/mood Disorder. I had an initial claim for Psychological issue since 1/19/1994"

If you mean by 'since' that you kept it going continuosly with appeals since 1994 then the EED should be 1994 IF they considered that the earlier claim was reasonably for the same MH issues you have SC for now.

Re -opened claims are not considered as continously prosecuted claims.Re opens get an EED of the date of the re opened claim.

I hope others chime in here.

This is an usual situation.

[Berta]

Sorry OK I got it:

"In an October 2008 rating decision, the Veteran's disability rating for his lumbar

spine condition was increased to 30 percent, as of the date of claim. As this

disability rating does not represent the highest possible benefit, this issue remains in

appellate status. AB v. Brown, 6 Vet. App. 35, 38 (1993)."

They are right-

"In a May 2010 rating decision, the RO denied service connection for PTSD and

granted service connection for a pain disorder associated with psychological

features and a general medical condition/dysthymic mood disorder. As this is a full

grant of the issue on appeal, the service connection claim is no longer before the

Board. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). The Veteran filed

a notice of disagreement (NOD) with the 30 percent disability rating assigned in the

May 2010 rating decision."

OK the BVA says that they re characterized the PTSD claim at the RO as Pain and Mood disorder.

BUT that still leaves the grant of SC for PTSD by the BVA.

Does anyone here have any idea of what gives here?

It seems BVA says the dysthymic disorder was granted so that issue is no longer before the BVA but then the BVA granted for PTSD??????

What was your vet rep's take on all this? if you have one.

I see you had quite a LONG ROAD to travel and it does seem to me that as long as the 1994 claim could be considered a MH issue which it seems was continuously prosecuted----

-where is the 1994 rating and retro?

I will ask a Mod to put this all into Claims Research forum to get more eyes on it.

[emptyshell]

Hi Berta,

Here are your questions answered.....

I dont see the date of the VARO award. Date was May 6th 2010 for the granting of Pain/Mood disorder..they denied my PTSD because they state in their decision"Denied since this condition neither occurred in nor caused by service". My initial date for the mental health claim was 1/19/1994. This claim has never been dropped..never had a granting for Mental till this RO decision. BVA had always remanded it back to the RO. So somehow the RO is trying to link the effective date of my Pain/mood disorder to the same effective date as the granting for the extra 10% to my lumbar decision dated 10/08/2008. They awarded me that extra 10% back to Nov. 1994. I got to looking at my paperword and noticed they only went back to the same date for my Pain/mood disorder. Heck....they should have gone back to paying me an award as of Feb 1994(since I filed the initial claim for mental health in Jan 1994)

Have they confirmed they received the TDIU form? Yes they have I filled out the proper paperwork in Sept 2010. They have been asking me for evidence and have cooperated. I did not put that I was going for an extra scheduler rating cause at the time did not know what BVA's decision was going to be. I wonder if I should send IU the extra evidence that BVA granted?

"allow me a Neurologist and Orthopedic Surgeon" The previous BVA(2004) remand states,"The veteran should be afforded orthopedic and Neurological examinations to determine the nature and extent of the veterans low back disability. That came from their own decision in 2004. Never ever had them done....

"1. PTSD (which they denied me in this decision and gave me the Pain/mood Disorder. I had an initial claim for Psychological issue since 1/19/1994" This has always been open....BVA just always remanded tit back to RO so I never had it dropped. Someone told me that they would only go back to the date of the effective date to my lumbar claim. A remanded date which is October 19th 1994. I was awarded starting on Nov 1994. So they said this was a secondary to that claim so RO didn't have to go back to my initial claim for MH which would have been Jan 19, 1994.

I agree this is a confused mess.....goes back with a long paper trail. If there is any other paperwork that would help in understanding this just let me know and I will get it out here...Thanks for taking a look at it....

[Berta]

"I wonder if I should send IU the extra evidence that BVA granted?"

Absolutely- they might be ignored the BVA decision.

I sent them excerpts from and links to 2 BVA decisions I had to get my retro straight.

"The previous BVA(2004) remand states,"The veteran should be afforded orthopedic and Neurological examinations to determine the nature and extent of the veterans low back disability. That came from their own decision in 2004. Never ever had them "

Did any NP or PA due those exams? A strong IMO from a real neuro would help there.

I sure hope others chime in on this:

"1. PTSD (which they denied me in this decision and gave me the Pain/mood Disorder. I had an initial claim for Psychological issue since 1/19/1994" This has always been open....BVA just always remanded tit back to RO so I never had it dropped. Someone told me that they would only go back to the date of the effective date to my lumbar claim. A remanded date which is October 19th 1994. I was awarded starting on Nov 1994. So they said this was a secondary to that claim so RO didn't have to go back to my initial claim for MH which would have been Jan 19, 1994.

I agree this is a confused mess.....goes back with a long paper trail. If there is any other paperwork that would help in understanding this just let me know and I will get it out here...Thanks for taking a look at it...."

This vet was awarded for PTSD at the BVA. He continuously prosecuted the PTSD claim.

Do you have a vet rep?