Good With Some Bad!

[CHAVO2177]

So back in 2001 i got out of the Marines and had no idea what to do with myself and had no direction. i knew that i had problems from my time on active duty but didnt know what to do or where to go. i finally went to the local VA office and applied for some of the disorders i had. well i got 10% and thought to myself atleast i got something and let thing go because i was receiveing free care from the VA. Well in 2013 I took the time to see why i got what i got and realized that they Really stuck it to me. I have a skin disorder that runs from my Neck to my knees and at times itches like a Sun of a Gun. so i refiled and got a 30% and i was happy again untill I reviewed my records and in my records it shows from my neck to my knees and i am wondering. 1 Why they would not back pay me to the first time i filed and 2. why not back pay me to Oct 23-2008 when the codes were published?

Has anyone else had this problem?

So at this point I am not sure what my next step would be. if anything.

[killemall]

Congrats on 30%....if you have dep we ndants make sure you claim them

[GEEBEE711]

So back in 2001 i got out of the Marines and had no idea what to do with myself and had no direction. i knew that i had problems from my time on active duty but didnt know what to do or where to go. i finally went to the local VA office and applied for some of the disorders i had. well i got 10% and thought to myself atleast i got something and let thing go because i was receiveing free care from the VA. Well in 2013 I took the time to see why i got what i got and realized that they Really stuck it to me. I have a skin disorder that runs from my Neck to my knees and at times itches like a Sun of a Gun. so i refiled and got a 30% and i was happy again untill I reviewed my records and in my records it shows from my neck to my knees and i am wondering. 1 Why they would not back pay me to the first time i filed and 2. why not back pay me to Oct 23-2008 when the codes were published?

Has anyone else had this problem?

So at this point I am not sure what my next step would be. if anything.

I would think it's due to being a "New Claim".

[killemall]

Dependants

[Berta]

"Why they would not back pay me to the first time i filed"

Because apparently you did not disagree with the initial decision within one year ( by filing a NOD).

You technically re opened your claim for a higher rating, past the one year appeal period on the first claim, so this is the proper date they used for the EED...the date of the re-open.

If you can prove (with the skin regs and medical evidence) that their initial 10% was wrong,you could file a CUE claim (explained here in our CUE forum )to possibly recover more retro.

The established and documented medical evidence VA had at time of the 10% decision has to prove that a higher rating at that time was warranted,when compared to the rating schedule in affect at time of the older decision.

Edited February 8, 2014 by Berta

[CHAVO2177]

I can say for sure that my records while i was on active duty states that at different times i had it from my neck to my knees. also when i first went to the VA hospital they noted the coverage area as well.

What i do know is that the regulation didnt come out till Oct of 2008. and in 2001 i was happy just getting something! another question i have is that the regulation says something when its on the neck and being exposed as disfigurement. in each claim the dont seem to even take notice that its on my neck and visible to the whole world. for me its a little embarrising when i have bad break outs! but it is what it is!

[carlie]

Sit down and compare the prior denials or lowballs to the

rating decision that granted or provided a higher evaluation.

Study the Sections of Evidence and Reasons and Bases.

This will tell you the exact why's and what's.