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Retro Pay Start Time?

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mrmark1999

Question

Finally I got 20 % for my ankles the only real question is that I filed in aug 19 2009 but because they said I did not say there was any pain on my first c&p exam ( I did tell them a bout pain and I did tell the examiner in my 1st C&P exam and in my NOD ) they are going from my doctors first IMO in aug 2010 as the retro active pay when pain was first presented .

they are saying that I was given 0% on first exam I was not given any thing I was denied service connection because I had not had a clinical diagnosis .then I filed a NOD was denied ssoc issued then I has a rescheduled C&P exam they said I missed (I know go to any and all exams no matter what )then I finally got a new exam and was denied sent in a new IMO and now I got approved

Question

1) When should I have been awarded my retro active pay

2) Is there any thing I can do a bout it

3) Can it or will it affect my rating of 20%for Achilles tendonitis if I complain

Edited by mrmark1999
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  • HadIt.com Elder

I would get a witness statement from someone you know stating you were complaining to them of pain at the time of the C&P exam and I would tell them to re-read the NOD. Also tell them the C&P examiner failed to note claims of pain that you specifically remember stating. They usually ask for witness statements on the denial letter. The witnesss statement would be new. However, it reinforces what you said on the NOD. They need to give weight to all medical reports and filings.

This strategy deals directly with the reason for the later claim date accoring to what you posted.

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