Dependency Claim Issue-Need Advice

[Sgt. Wilky]

Hello All,

I will try to give a brief, but clear story:

In July of 2008 I filed my initial claims with my VSO here in Fort Collins. During that meeting and process, I filed and sent in all pertinent information regarding my children and my wife. Fast forward to August of 2009, thirteen months later.

In August of 2009, a new claim was filed for residuals of right shoulder dislocation, and was approved at zero percent. I appealed for a DRO review of that specific claim. Fast forward to November 16, 2011.

In November of 2011 I had a combined rating of 20%. A decision had been reached regarding the shoulder and I was sent a letter approving the shoulder claim and granting a combined total rating of 30%. I took that letter to my VSO because the VA was paying as a single veteran, despite the fact that I had sent in my 21-686c in July of 2008. The VSO said that it was because the VA was ASSuming that I was divorced and all my kids grew up and left the house or had died.

So, in December of 2011 I sent in another claim for dependency. This is where the confusing stuff comes...I called the VA this morning and they told me that IF I get back pay, it would only be to the December 2011 date (because that's when I filed for dependency), and NOT the November 2011 (when I was initially granted 30%) If this is true, the VA is scamming thousands of veterans out of back pay, because they assumed, after taking so long to approve claims, that we're divorced, widowed, and childless, and forcing us to "move up" the timeline on our dependency claims

. Does this make sense? I'm incensed that logic told me I would be back payed to the date when I was approved for the 30% and not the date I had to "update" my 21-686c.The VA is trying to rob my family and me of 29 months of back pay. I was really looking forward to getting that back pay to pay off some bills, but the good-old VA does it again...

Semper Fi,

Sgt. Wilky

[71M10]

Sgt Wilky,

What is the effective date of your 30% rating? If it is August 2009 and the VA approved your rating increase to a combined rating of 30% or grater and you filed your dependency paperwork with the VA on December 2011(not with your VSO, but VA and have evidence of that filing) then you should be paid dependents all the way back to August 2009. The reason is the decision granting the benefit was made November 2011.

I assume you called the 1 800 DIAL AN IDIOT line. The person there is misunderstanding the rule. Since you applied for an increase for dependent benefits within a year of notification of the 30% or greater decision your effective date should go back to August 2009 (assuming you filled out VA form 21-686), if you did not actually fill out the VA form and just told them you had dependents the VA should have provided you with the Form (may have done this on your November 2011 decision) if you did not actually fill out the form within a year of the VA giving it to you they will be able to cap you dependacy pay out to one year of back pay.

Clear as mud??

[meghp0405]

I know how frustrating this VA system is to veterans, but Sgt Wilky, you jumped the gun, don't ever submit an additional claim when you have one pending. It's too late now, but I do agree with 71M10 on your effective date of 8-09.

Good luck!

[Sgt. Wilky]

I know how frustrating this VA system is to veterans, but Sgt Wilky, you jumped the gun, don't ever submit an additional claim when you have one pending. It's too late now, but I do agree with 71M10 on your effective date of 8-09.

Good luck!

Yea, I didn't have a clue that I was filing a new claim. If I had, I certainly wouldn't have done that knowing it was working its way through the system. I just thought I was updating my records. Thank you both for your responses!

Sgt. Wilky

[truck905]

I'm new to the site and just read ur posting and you got me thinking. I just submitted to reopen a claim for Obstructive Sleep Apnea (secondary to hypertension 0%)Asthma(increase from 30%)Obstructive Sleep Apnea (secondary to headaches, chest pains, and depression) and a new claim for prostate cancer. I collected letters from 3 guys I was stationed with stating they heard me snoring,had to wake me and gaging very bad when I slept, I think the statements were pretty strong statements concerning symptoms of sleep apnea, a letter from my wife of 12 years and a old girlfriend while stationed in KY who I dated while in the military and after service.I Also had sleep study done last month that was rated severe (5 normal 30 severe) I was rated 79, stop breathing 114 times with the longest period of not breathing 47 seconds. One of the Recommendations was not to operate heavy or commercial equipment. I sent in regulations from Federal Motor Carrier Safety Administration (Dept of Trans) showing them because of the OSA and asthma I cant legally operate a semi truck, which I owned and operated as self employed under my own company. (Unemployable) I applied for OSA back in 02, 04 and again in 12. I failed to mention I'm also a (K) sexual dysfunction. I've been driving semi (OTR) since 1995 and seems life is coming to a halt..... What's ur best guess?

[71M10]

Truck,

This really doesn't seem to be a dependency issue. You might want to start a new discussion on this (more people will look at your questions that are familiar with sleep apnea). From my personal experience you should have a sleep doctor (board certified in sleep medicine) examine you and your service treatment records. I just won sc and a 50% rating for apnea, my doctor wrote a medical opinion stating my apnea more than likely started in service. He further explained that my onset of hypertension in service (essential cause not determined), neck size, reported snoring starting after my deployment to Korea in 85, and problems maintaining weight were all objective medical evidence of the onset of sleep apnea. He also went on to address how my arthritis and pain medications make my apnea worse.

If you have been turned down three times on this you really need to get a very solid IME/IMO.

Best of luck.

[broncovet]

Sgt Wilkey:

The VA does it exactly the way you posted! You apply for benefits including dependendents. It takes the VA sooo loooong...they assume you abandoned your kids and your wife divorced you while you were homeless living under a bridge because it took forever for the VA to process your benefits.

So, they "drop" the dependents and make you apply again. There is NO regulation which requires we send in dependents information TWICE. ONCE should suffice. I hope you sue the VA for doing this, they did the same thing to me. Im fighting them at the CAVC..they are trying to weasel out of it.