My Story With Va Disability

[afrn]

I just recently found this website and would like to share my story and see if anyone has suggestions about it. I was active duty AF and was medically retired in 1998 due to Depression & fibromylgia, I applied for disability with the VA (right after discharge) and it was denied, I appealed and was given a 40% rating for the fibro and nothing for the depression, the letter I received stated that the VA considered it part of the fibro (it was retro from my date of seperation from the AF). In 2011, I applied for an increase and new claim for migraines. I was rated at 70% for the depression and 50% for the migraines and the fibro was continued at the 40%. My question is should it not have been retroactive from the date of the orginal claim, I was not even aware that I could have appealed the date until I read posts on this forum. It is definitely past the one year mark. My question is their anything I can do about it now?

I appreciate any suggestions and thank everyone for their time.

[afrn]

Some additional information. I was diagnosised with the major depression before the Fibro, so which came first. Fibro was not well understood by medically staff when I was first diagnosed. Also, of note I did not have any additional C & P exams done until a follow up in 2004. So during the time from first VA exam (8/1999) my symptoms of depression increased significantly. What is also interesting is that I was receiving care the entire time by the VA. Currently, I am rated 70% for depression, migraines 50%, fibro 40%, back 20%, tinnutis 10%, which totals 90%. I am currently working, just barely struggling with a desk job, so I was not considered unemployable. My employer has been very kind to me, so I am thankful for that. I really apprecitate everyone's take on my situation.

Thanks!!

[Berta]

I seem to be confused here.

“My question is should it not have been retroactive from the date of the orginal claim,”

“10/13/1998: Discharged from active duty for "Major Depression associated with Fibromyalgia".

08/17/1999: VA exam at Denver

Decision: "Service connection for Fibromyalgia denied.

"Service connection for major depression is granted with 10% effective 11/1/1998.

06/23/2003: Appealed with the following decision:

"Service connection for fibromyalgia with major depression, sleep disorder, and fatigue'

Is granted with an evaluation of 40% with effective date of 10/14/1998.”

It looks to me that the VA did go back to the date of the original claim.

If I were you I would go to http://www.va.gov/ then click on the site index at the bottom, then click on

the BVA link, and then click on their search icon and try to find decisions they have made with fibro and depression to see how they rated them.It might help ,because ,with this new info you posted, I believe they did give you the correct retro date.

I do think they would have given you a staged depression rating, if the original claim had been appealed.

But I dont see how even a CUE could change the original depression rating at 10%.

CUEs (and most types of SC claims) are sort of like the Watergate question: What did they know (meaning did they rate on all evidence they had and were aware of and needed to obtain)

and when did they know it...( which has to do with the EED).

It is so unfortunate when a vet is unaware of their full appellate rights.

It is not easy to understand the VA mumbo jumbo when one is a VA claims newby.

Also in 1998 you did not have the rights afforded us all within the VCAA.

I hope you get more replies here because this has baffled me.as to your question involving the retro EED.