diabetes Backpay Or Not?

[carlie]

This BVA case shows what a staged rating is:

http://www.va.gov/ve...es4/1034756.txt

The vet lost the first staged rating argument but won the next 3.

A staged rating is possible when a disability say at 10% disabling initially-warrants over time, a higher rating in a staged progression- fulfilling at each point the criteria for the next higher rating.

Thanks Berta - I got home late : -)

[Spadoman]

Thank you again for weighing in and answering questions. To be honest, I'm still a little confused, but things are a little clearer now. I do know what is suppose to happen with some of my claim. The waiting is the hard part, especially when dealing with PTSD. The waiting is the hardest part. Of course I want to be compensated, but I'd much rather have my life back.

Thank you.

[Pete53]

Spadoman

About waiting for VA. It is rough and the Veteran and their family suffer but somehow if you hang in there you will make it. At least the VA is trying a lot better than it has to do the right thing.

[broncovet]

A "staged" rating normally applies when the Veterans doctor documents a worsening condition over time. For example, Your rating might be 0% prior to 1985 then 20% from July 1985 through Aug. 2004 when the doc did another exam and found you condition worsened, Then it may be 100% in July 2006 when your doc said you were P and T. The medical evidence needs to be there to justify a staged rating, they are not supposed to "pluck it from air".

[Commander Bob]

I got a letter about a month ago.

I am a Nehmer case. I applied for Service Connected disability for IHD in July of 2000. I was denied.

I had my first heart attack in 1985 and a myriad of heart episodes. My ejection fraction at my last Echo was 44% and no MET level was given. I've had 6 heart Myocardio Infarctions and 2 bypass surgeries, the latest in 2003.

I know I will get a rating, but I don't know how long I'll be waiting. (Ebenefits says I'm in decision now.) Anyone know how long it has been taking?

I got a disability rating in 2002 for 80%, (PTSD and Diabetes), with 20% Individual Unemployability. I have been getting paid at the 100% level since 2002.

If my rating comes back at 60% or even 100%, will I get backpay, even if I have already been getting 100% pay?

Also, what about SMC? What are the circumstances that tell why and when they give SMC?

Some of the professionals say I will, some say I won't, some don't know. Help!?!

Sounds like you have been through a lot, 'Spadoman'. Sorry to hear about your health issues.

Good Luck on the back pay.

[Berta]

Have you contacted NVLSP?

http://www.nvlsp.org/Information/ArticleLibrary/AgentOrange/AO-VABeginsReview.htm

Their ao email addy and questionnaire is in this link.

They won Nehmer and are pro bono veteran's lawyers.

When they are aware of a Nehmer claim (and the VA was supposed to contact them with a list but many of us were not on the list)

they will review your decision, when it comes, to see if the retro is correct.

They sent me an additional questionnaire to the first one and I printed it off before I replied as it did involve checking some dates and past decisions for first denial date of IHD.

Then I copied their specific questions to Openoffice doc and inserted my answers in OpenOffice Doc and then sent them copy of that as email response with 2 email attachments.

Edited April 28, 2011 by Berta