Waiting On Envelope - Recieved Some Back Pay

[DVET]

Hello everyone,

Sorry I don't post much, but I do follow and appreciate all the advice. I just want to let you know that my claim was submitted Feb. 19, 2011 to the ROANOKE RO. I had two exams one in March 2011 for my back and legs. Had been rated 40% for back and 10% each leg, total for a couple of years now 50% since about 2007 somewhere around then. I had been only recieving 20% since July 1975 for my back only. Had a fusion while in the service from T11-L3. My second C&P exam was in April 2012 for depression. My back gave out on me again in January of 2006 and I had another fusion from L4-S1. I retired on disability from the Post Office and filed for 100% and ssd. To make a long story short, I saw movement after the 2nd exam in ebenefits. Maybe around a month. It moved rather quick from gathering of evidence all the way to pending approval then it went back to gathering of evidence. But my letter had changed from the 50% amount to the 80% amount.The AB8. I was praying it was not some kind of cruel trick by the VA. Anyway, I got a check two days ago and I'm still sitting at gathering evidence. I'm have mixed feelings about the whole thing because although the back pay was good, 9,000 or so, I was expecting a lot more. SS gave me total disability for around 3 years Feb2006-October 2008 until I went back to work. I have been asking the VA to also pay me for that time as it was for a service connected disability and I could not work. I guess there answer is no, I am waiting for the letter. I am happy to be able to work and now have 80%. I feel I could have earned so much more had I not ever been disabled. Well, Just letting you all in on some good news and time line for ROANOKE. and there not paying me from the time I filed this last time, there paying me back time from the time they got my results from the second exam. Two months short. Don't know whether to complain or what to do. Hope you all have good luck, I know it's very depressing, and your anxiety levels can really get high. That's why I hope to share some good news and give you hope and tell you to hang in there. And thank you for paying back Bin Laden and your service.

[DVET]

I'm sorry I meant to say my back pay is from the time the VA recieved my results from the first C&P exam. Filed 2/2011, exam on 3/2011 results to VA 4/2011 . Back pay from 05/2011.

[jbasser]

Effective date should be 3-1-11 the date claim is filed or condition arose whichever is later.

J

[Philip Rogers]

I believe the effective date should be 2/19/2011, compensation beginning on 3/1/2011 and actual payment being made on 4/1/2011 for the month of March. No payment for February.

You may be entitled to more if you can show you worsened back to Feb 2006. Once you see your decision, you may want to file a NOD and submit your second fusion records and your SSDI records, showing the earlier date, as "J" mentioned. Since you were already SC for the back you may be able to get an increase dated back to 2006. jmo

pr

Edited June 7, 2012 by Philip Rogers

[DVET]

I filed in 2006 but was turned down by SS. VA paid me 100% convalescence for 5 month after surgery and then gave 50%. I had a hearing with SS and was denied but appealed again and case was remanded. After remand hearing I was granted 100% from the day I stopped working until I was able to go back to work. DAV had told me better to file a new claim instead of an appeal with VA because it would take longer. Don't know what the letter says but it looks like now 80% from May pay june1. It's good, just thought they should go back like SS and pay 100% for Unemployability.

[DVET]

Received brown envelop today. 100% unemployability deferred. Asked if I had any more records and they have asked SS for their records. Granted 50% Dysthemia secondary to back fusions which already was 40% and 10% for each leg stayed the same. They told me I filed wrong for 100 temporary disability, they were now going to consider it under unemployability. I really thought theQTC shrink was not going to do me correct. I had filed for bipolar because that's what the VA mental health treats me for. I remember the shrink saying I'm going to write you up as having Dysthemia. Maybe you will be granted, maybe not. I thought maybe not all along. Because I had been denied bipolar in 2006. This time I said depression. Been depressed ever since I had to have the fourth operation on my back. Also, my legs are weak and pain that runs down them is as bad or worse than my back. Just wanted to update you all. I'm not sure what to do now. The records that SS has are all my VA records and that's what they used to grant me the total temporary disability, I am afraid about this 50% that maybe in a year or so the VA will lower it or drop it. I guess that's with any disability they grant. I am happy. I'll be happier if they grant the 100% unemployability even if it is temporary. We went through all our money and savings while I couldn't work. Well, glad its partly over and finally heard and got some relief with the back pay even if I feel it's short two months. Thank you and hang in there, it is stressful.