Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story.
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   


  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Retro Denied



I started my claim for medial nerve damage in both wrists in 2003. I was given 2 C&P's (two different doc's) and in 2006 I was given 10% per wrist. Even though one doc rated me between 15-25%. So I appealed this decision and just this week I finally was awarded 20% for the left and 30% for the right (10 years). They based this decision on new evidence in 2012. With that said they denied me Retro pay before February 1, 2012 by claiming there wasn't "sufficient medical evidence" prior to February 1, 2012. How can they deni the Retro pay when the claim was filed in 2003 and was on continued appeal since 2006? Also the appeal was based upon the VA ignoring the the C&P doc's recomendation 2006. Do I have a valid appeal for the Retro pay?

Link to comment
Share on other sites

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

6 answers to this question

Recommended Posts

  • Moderator

The effective date is the later of the "date of claim" or the "facts found", that is, the date the doc said you were disabled.

The VA often cites "the date of the C and P exam" as the "facts found". However, this suggests you went to a C and P exam healthy, and somehow "got disabled" when the doc examined you, an unlikely event.

The C and P examiner should have given a date to which he attributed your condition. However, when he does not the Va often uses the C and P exam date.

This suggests you applied for benefits "predicting" you would be disabled at a later date. Hogwash. You already had symptoms before you applied and the VA doc confirmed it.

It may take another medical opinion to refute that effective date.

Link to comment
Share on other sites

The February 2012 C&P doc stated I could do sedentary work, ironically by job was 80% sedendtary and I became unemployed in June 2012 due to my disabilities and my wrists being one of them. Every month while at the VA I get a copy of all medical notes for the month. In November there is a note that the BVA sent an email to the C&P doc asking if he rated me at minimum, medium or severe and he said medium. They based their final decision on that email from the doc and electronic records from 2001-2012. And I have the C&P doc from 2006 stating minimum to medium disability 15-25%. I was orginally fighting for 20-30% and that is what I finally received, but now I'm unemployed and can't work. I figure it should be higher than that now plus the retro.....thanks for your comments

Edited by 234AR (see edit history)
Link to comment
Share on other sites

If I were you I would refer to,in the NOD and attach with it, a filled out TDIU form 21-8940.

There is info here as to how to fill out that form.

Broncovet is correct:

"The VA often cites "the date of the C and P exam" as the "facts found". However, this suggests you went to a C and P exam healthy, and somehow "got disabled" when the doc examined you, an unlikely event. "

I saw a few DMII diagnoses here at hadit that were initially made during a C & P exam and felt maybe the vet should have filed a Sec.1151 too,if all of their medical care had been from the VA.

Many disabilities like DMII have numerous medical red flags and symptoms,often prior to formal and proper diagnosis.

VA pulled that BS in my award letter last year and I quibbled with the EED with NVLSP but it was an 1151 EED , that Nehmer didn't cover, so I let that one go...I.had a bigger fish to fry with the decision anyhow......

Can you scan and attach the VA's Evidence list and their Reasons and Bases regarding that decision here? Cover the personal identifying stuff first.

Have you applied for SSDI?

Link to comment
Share on other sites

what is the DMII? I won't be able to get it scanned until tomorrow. And yes I have just been given an attorney to help with my SSDI claim. What baffles me is they award me 20-30% for the wrists but since the C&P in February 2012 I became unemployed and still am. I sent this info with a NOD in reply to the SSOC and when I received the award letter they tell me I can appeal it. I thought that's what I was doing.

Edited by 234AR (see edit history)
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Create New...

Important Information

{terms] and Guidelines