New Guy

[2 Dollar Bill]

Just wanted to introduce myself. I was in the Army from '86 to 9/90, when I was chucked out (honorabley) with 5 days notice, a daughter and wife 8 months pregnant, because I injured my knee and both ankles from a 30' fall from an obstacle on the Air assault course in '87. Went 3 years and an overseas tour on a temp profile. Got 10% out of the Army, but that all went back to the Army for years to pay back the $8500 in severance pay I received, which all went to the hospital for the birth of our second daughter. Anyway, I fought with the VA for awhile but they wore me down, I was working full time and going to school full time.

20 some years later, my buddies convinced me to go back to the VA and, after a little prodding from the DAV (I'm a life member), they upped it to 30%. Wow. The thing I'm wondering about is that the VA denied the claims on my ankles from day 1. The initial paperwork on the claim filed in September of 2010 said I was asking for re-evaluation of my knee and an eval of my ankles as injured over time due to my knee. I argued with the first VSO I talked to because I've had the ankle injuries from '87. He told me there was no way the VA would consider that. Well, when I got the decision 2 days ago, the VA states that although I based my claim on my ankles being injured over time due to knee problems, that my ankles were, in fact, injured during the initial fall in '87!!!

This opens up the question: Is there any way the VA would, or could be forced to give me back pay?

Well, I'm rambling on. For the last 20 years, I've suffered thru this, joined the DAV and worked to get the word out to vets and active duty members that the VA is not your friend, no more than the DA. I've worked at Ft. Campbell since '95 and talked to alot of folks coming home and the word seems to out pretty well that you have to cover your butt these days when you get out. I had no such help when I got out and I know alot of you guys didn't either. No matter what your branch of service or where you served, we all wrote a blank check to Uncle Sam when we signed up, but that's no excuse for the way vets are treated by the system.

Best Regards to All,

Bill

[Pete53]

Welcome to Hadit

[2 Dollar Bill]

Thanks, Pete53. Not a very good introduction on my part. 20 years of pent up frustration dumping.

Anyway, I'm an aircraft mechanic / inspector working for a DOD contractor on Ft. Campbell. I've been working on aircraft my entire adult life so it's all I know. I have 2 daughters in college and my wife of 25 years is a stay-at-home mom. I think that's why the girls are such good kids. I enjoy the shooting sports and belong to the Cast Bullet Association but have taken up rimfire (22) shooting as I have little or no time for loading, so I just grab my 22 and off to the range. It's kind of addicting. I started shooting what we call 3Position shooting and have on-line matches where you shoot your targets and email pictures. It's an honor system, no prizes except for bragging rights, so it's an enjoyable hobby.

Anyway, I just wanted to give a better introduction and look forward to meeting the rest of the community and participating in the group.

[Pete53]

If you can get a copy of your C File and find documentation that the VA made a CUE a clear and unmistakable error yes you can get back pay. It looks to me from what you have written that you should take a good look, Having a rating also leaves the door open for getting a higher rating in the future, Injuries like your often cause secondary problems.

Good Luck

[Notorious Kelly]

Welcome, Bill.

More knowledgeable people than I will assist you.

[carlie]

Bill,

Welcome to Hadit.com

I am moving your topic to the Claims / Benefits Forum as you do

have a question regarding earlier effective date possibilities.

[Berta]

"I argued with the first VSO I talked to because I've had the ankle injuries from '87. He told me there was no way the VA would consider that. Well, when I got the decision 2 days ago, the VA states that although I based my claim on my ankles being injured over time due to knee problems, that my ankles were, in fact, injured during the initial fall in '87!!!"

That hit a cord with me-2 weeks ago I argued in a nice but firm way with the director of a county vets affairs here in NY as to his ridiculous interpretation of VA case law regarding a veteran who VA had reduced to Zero.

Long story but his incompetence set the stage for this veteran to sue him (in my opinion) because he screwed up the claim so much.I already have talked to his boss's office.

Friday I was informed that the vet's claim (handled at a higher level because of media attention that attracted many advocates to jump on the VA)has been very favorably resolved.

This kind of stuff happened to me too many times in the past and I would never allow any vet rep or VSO to touch my stuff again.

I think you might have basis for a CUE claim here.

might----

Did the evidence at time of the 10% award cpnsider the ankle injury? If so was the ankle injury considered in the 10% rating?

or did the evidence at time of discharge fully warrant a higher rating then 10%?

"the VA states that although I based my claim on my ankles being injured over time due to knee problems, that my ankles were, in fact, injured during the initial fall in '87!!!"

Do you have the 10% decision from VA?

Pete is right. The C file might reveal what you need to file a CUE.

Do you have your complete SMRs and any MEB/PEB documents?

There is a wealth of info on CUE claims here in our CUE forum.

The final and unappealed decision you got for the 10% is where the CUE occurred if they in fact committed a CUE.

If the ankles had no rating and no diagnostic code at all-that would surely be a CUE.

But a CUE has to manifest an 'altered outcome'= VA double talk in CUE regs meaning-

the CUE cost you compensation because the medical evidence revealed it should have.

Maybe the VSO would be more supportive and help you file a CUE claim when he/she reads the statement above from the VA.