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autumn

Recently Sc'd : Could There Be Retro Pay?

Question

i was recently diagnosed with ms and service connected for it.

C&P exams have returned this disease started on active duty in 1986 and that i've had it since then, along with spinal disease, and mood-disorder(secondary to MS), for all these years. though they never admitted to this until recently. it was always something else : you folks know the drill.

is it going to be an up hill battle for retro or am i actually legally qualified for retro pay? the whole issue is confusing to me although i have the pva helping me. often times i just can't get a clear picture of this. and with years of mis-diagnoses and mis-med-treatments, i don't know who to trust in this matter.

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i was recently diagnosed with ms and service connected for it.

C&P exams have returned this disease started on active duty in 1986 and that i've had it since then, along with spinal disease, and mood-disorder(secondary to MS), for all these years. though they never admitted to this until recently. it was always something else : you folks know the drill.

is it going to be an up hill battle for retro or am i actually legally qualified for retro pay? the whole issue is confusing to me although i have the pva helping me. often times i just can't get a clear picture of this. and with years of mis-diagnoses and mis-med-treatments, i don't know who to trust in this matter.

autum,

When did you get SC for MS and at what percentage ?

I do not see retro going back to 1986, unless the grant for SC hinged on lost or misplaced

SMR'STR's, or the other way for retro back to 1986 would be Clear and Unmistakable Error (CUE).

A CUE claim can only consider the evidence and rating criteria of record at the time the prior decision was made.

It can not correct a poor decision that was made and can not involve a mis-diagnosis or a change in diagnosis.

CUE's can only consider legal errors.

If you can, post the Reasons and Bases Section of the Rating Decision

that granted your SC for MS. Do Not post personal info like your name, claim number, etc...

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autum,

When did you get SC for MS and at what percentage ?

I do not see retro going back to 1986, unless the grant for SC hinged on lost or misplaced

SMR'STR's, or the other way for retro back to 1986 would be Clear and Unmistakable Error (CUE).

A CUE claim can only consider the evidence and rating criteria of record at the time the prior decision was made.

It can not correct a poor decision that was made and can not involve a mis-diagnosis or a change in diagnosis.

CUE's can only consider legal errors.

If you can, post the Reasons and Bases Section of the Rating Decision

that granted your SC for MS. Do Not post personal info like your name, claim number, etc...

ok, i'll post this. hope this is what you were asking. i don't think i put any personal info here ...

[2010: 1st c&p to establish an actual diagnosis as no VA dr would diagnosis me for over 20 years]

upon review of the veteran service treatment records, which show positive csf with oligoclonal bands, consistent with multiple sclerosis, the patient does have a current confirmed diagnosis of multiple sclerosis. this did have its onset in the service as manifested by the positive csf, later confirmed by MRI studies. the CSF studies, MRI studies, and clinical posture are all consistent with a diagnosis of multiple sclerosis which is also the diagnosis of several non-VA neurologists.

[2010: several imo's]

they support a CUE and states so

[2010: decision letter 30% for ms]

you are granted service connection for multiple sclerosis because this has been established as directly related to military service your service treatment records show positive csf with oligoclonal bands consistent with ms. post service treatment records show consistency of complaint and symptom manifestation. [...more med fluff..]

[2011: 2nd c&p for secondary issues, though that wasn't done. they are being re-ordered]

i have reviewed the claim file and records extensively. a number of competent neurologists have examined this individual, and they have all concluded that the veteran does have MS. they all agree that the onset of the disorder was in the 1980's while the veteran was still on active duty. [...just med stuff about why he can't do secondary conditions...] this veteran suffers from this disease and has now for over 20 years, and it is chronic, relapsing, and over time, gradually progressive.

Edited by autumn

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It'll probably depend on when you filed your claim, unless you were discharged for those symptoms. jmo

pr

i was discharged for spinal problems and with dep (secondary to chronic pain due to spinal problems)

the MEB(med eval baord) dismissed the MS tests as being false positive and dismissed a few other things that were clearly pos in my mil med records. which the va now agrees to.

so, as for symptoms, yeah, i had them then, and the records clearly shows it.

oh well, its all confusing as heck to me some days

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You could win back to whenever you first filed for the symptoms of MS. You only needed to show 10% of the symptoms, then, meaning you didn't need to have fully blown MS but only needed some symptoms pointing in that direction. Unfortunately, I'm not familiar w/the symptoms of MS. If the spine stuff is related to the MS then it would be possible to go back to the original claim date. If you had them then and the VA missed or ignored them you could have a CUE and be entitled to an EED. The VA won't generally go back further than the date you applied.

pr

i was discharged for spinal problems and with dep (secondary to chronic pain due to spinal problems)

the MEB(med eval baord) dismissed the MS tests as being false positive and dismissed a few other things that were clearly pos in my mil med records. which the va now agrees to.

so, as for symptoms, yeah, i had them then, and the records clearly shows it.

oh well, its all confusing as heck to me some days

Edited by Philip Rogers

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