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]

Good Morning Berta,

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

Absolutely- they might be ignored the BVA decision. I will send IU that info today...I wondered if they might just ignor that part.

Did any NP or PA due those exams? A strong IMO from a real neuro would help there. In 1996, I had a General Physician do my exam for C&P. In 2002, I had an ARNP do the exam and had a Neurologist and a Orthopedic Surgean looked at the results of the exam and both signed off on them. Then the RO denied my exam due to an ARNP actully did the exam. The exam was favorable to me...RO did not like what they read and denied. Sent to BVA and they remanded it back to RO. In 2004, I was sent to a private examiner by the RO and they denied me cause they said I NEVER went to these exams. Proved I did when it went before the BVA and again they remanded it back to RO. NOTE RO SAID THEY NEVER RECEIVED THESE C&P exam but I spoke with the agency and they sent them out 2 times and can show they were paid for by the RO. That was the only time I got an exam done right....and they just come up missing..how odd!!! In 2006, I was informed by RO via phone, that my case was being shelved due to my VA Hospital not having a Neurologist and Orthopedic Surgan on staff. It sat around till 2008... when I finally got it going again. Next C&P exam done 2008...a General Physcian did the exam March 5th..had Prostate surgery March 11th...then called back in for a followup C&P exam by an ARNP. Who never read my medical file and said I performed better than my earlier C&P exam.

She stated things I never did or could have in that exam. Such as raising my legs to a 90 degree.

They sent me a statement of the case(LATE) got proof of that. We filed a NOD that was less than 30 days later which was ignored. If you read the BVA decision..you can see they based it on that ARNP findings. When she pushed down on my head she states unwarranted pain reaction. I have damage to my neck...from that 1979 accident...but am just getting the area examined and treated. I will be filing a new claim on my neck all the way down my spine and into my hips. I had a chip of bone broke off my hip.

I have alway been focusing on the L2-L3 only because RO has fixated on those. I never stated in my initial claim just to focus on the two vertabres. When I lookat my 1982 initial filing for benefits, I just wrote back issues. I was only 21 years old and did not have a clue as to what to state. I guess the RO just saw those two vertabraes as they issue.

While I was still in the service..I complained of my back hurting from the Auto accident as well as deadaches. They finally gave me xrays ONE YEAR LATER. Exam states, "Wedging of L3 Lumbarization of S1

Slight scholiosis to the right, presumably related to the previous trauma." Just before they discharged me for m the military(6 months later) their report states, "NO significant radiographic abnormality demonstrated." When I received my first C&P exam in 1983, it states "Diagnosis was residuals of back injury to fractures of L2-L3 . So all these years I have just been focusing on these...later xray show injuries from S1 to L5 and now in my cervical area c4,c5, c6. I am to file an initial claim for the neck all the way down into my hip. Also migraines been treating this condition for years. Never realized I can file a claim on this. I have been hurting more and more due getting older and better get this going...they would love for me to kick the bucket so they can get rid of my case.

Do you have a vet rep? I have had them off and on...I think most Reps look at my case and just get overwelmed by how huge my file is. All the remands and vacates, In all the times I had one...they have never stated to open other claims for the rest of my back. Just keep having me fight the L2 L3 claim. One helped me get the ball rolling on the Mental issues in 1994.

[broncovet]

Well, there is no question that the RO made a mistake. Instead, the question is how can the mistakes the RO be made be worked in your favor?

Unquestionaby, you want to appeal, UNLESS a MFR will do it for you. If you do file a MFR (Motion for Reconsideration) , and submit corroborating evidence, then remember if they dont respond to the MFR, then you still need to file a NOD/notice of appeal.

In other instances, Berta has suggested you "ask the VA to Cue themselves". Maybe that will work here, as the date of you filing the claim is aparently not in dispute. The effective date is the later of the date of claim or the "facts found", that is, when you first "got" the condition you claimed.

If I understand this right, then they are awarding you benefits since Nov. 1994 when you say it should be Jan. 1994. This is possible a handwriting error. If you write it down 11/1/1994 may look a lot like 1/11/1994. If so, they may just fix the error with a MFR. JMHO.

A "slight" difference between 1/11/1994 and 11/1/1994 could mean tens of thousands of dollars to you, as that is almost a years worth of Retro.

Edited January 18, 2011 by broncovet

[emptyshell]

Good Point on the dates..never really made that connection before and it could have been a typed error. I called the 800 number and asked for a breakdown on those retro payments I had already received for the pain/mood disorder earlier last year. I had him send an email to my Regional office as to research the date they started those payments and as to why they reached their conclusion to the later date to grant me the award. I wonder if I should as well go down to my local rep office and file something there to have something on file to show I did request this info. I know how well they lose info at the RO level.

I went and got a local family doctor. I spoke with him about the VA issues and told him they won't get me an Neurologist report on my spine. He has referred me to a Neurologist. Made the appointment today.

He also referred me to a Psychiatrist so I can get an outside opinion besides VA.

If I appeal the BVA decison on the L2 L3 denial will that hold up my rating for PTSD and radicpulthy at the RO level?

How would I send info to the IU division regarding my granting for PTSD and Radicipulthy. What form do I fill out?

Will IU hold up their decision till RO raters make their decision on my % on newly granted benefits?

[carlie]

How would I send info to the IU division regarding my granting for PTSD and Radicipulthy.

empty,

I've never heard or seen anything regarding an "IU division".

I do not think there is such a thing.

[emptyshell]

Carlie,

I meant TDIU claim I filed in Sept. I was told that it is a separate division at the Regional Office. I thought they were somewhat separated by different departments at the RO level. Is that wrong or is all my paperwork that I send down to regional going to be sent automatically to the right people??? Now..

I have a open claim for TDIU.

I have a rating that should be done by the RO for a newly granted benefits.

I have a remand in place for Pain/mood disorder.

I am going to submit an appeal for the effective date on my back award for pain/mood disorder.

I also went to my local VA Rep. last month. They helped me file an initial claim on my neck and migraines. About 2 weeks later, I receive a letter from the office that is handling my TDIU claim and they say they have received this claim for my neck and migraines and want me to send in evidence to substantiate this claim. Now wasn't this initial claim to be sent to the RO that works up the new claims you file instead of the people working on my TDIU claim???