I got my 100% IU appeal for what have had yet another (second) C&P exam in May of 2013. The good new in this case came along with not so good news: apparently the Detroit Regional office interpreted that the claim for IU that I filed about 3 years ago, and for what I filed a substantive appeal about 2 years ago, simply did not qualify for a retropayment going back to date of the original filing of the claim (3 years ago). My understanding is that the retroactive payment ordinarily goes to the date of original filing of a claim, and not to the date that the second C&P exam (for which the examiner posed a favorable opinion towards my claim) took place (May, 2013). The following is the VA's rational (via IRIS exchange):
“
Thank you for your advising that you received the notification letter.
An appeal for Individual Unemployability (IU) will go back to the date the evidence shows that you are unemployable.
Your letter indicates that you had an examination on May 16, 2013. The examiners summary is provided on page 3 of the reasons for decision section of your letter.
Your letter states the following:
The criteria for entitlement to individual unemployability benefits have been met. VA grants this benefit, effective May 16, 2013, the date on which the veteran met both the schedular and unemployability criteria under 38 CFR § 4.16, as per 38 CFR § 3.400.
“
The examiners's opinion bumped up one of my service connected conditions to 70%, and clearly stated that my conditions would affect employability. But the claim was originally filed about 3 years ago, so I did expect to receive payments retroactive to 3 years. .
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.
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tk3000
I got my 100% IU appeal for what have had yet another (second) C&P exam in May of 2013. The good new in this case came along with not so good news: apparently the Detroit Regional office interpreted that the claim for IU that I filed about 3 years ago, and for what I filed a substantive appeal about 2 years ago, simply did not qualify for a retropayment going back to date of the original filing of the claim (3 years ago). My understanding is that the retroactive payment ordinarily goes to the date of original filing of a claim, and not to the date that the second C&P exam (for which the examiner posed a favorable opinion towards my claim) took place (May, 2013). The following is the VA's rational (via IRIS exchange):
“
Thank you for your advising that you received the notification letter.
An appeal for Individual Unemployability (IU) will go back to the date the evidence shows that you are unemployable.
Your letter indicates that you had an examination on May 16, 2013. The examiners summary is provided on page 3 of the reasons for decision section of your letter.
Your letter states the following:
The criteria for entitlement to individual unemployability benefits have been met. VA grants this benefit, effective May 16, 2013, the date on which the veteran met both the schedular and unemployability criteria under 38 CFR § 4.16, as per 38 CFR § 3.400.
“
The examiners's opinion bumped up one of my service connected conditions to 70%, and clearly stated that my conditions would affect employability. But the claim was originally filed about 3 years ago, so I did expect to receive payments retroactive to 3 years. .
Any insights would be greatly appreciated.
-tk3000
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