Can I File For Backpay For Service Connected Issues?

[ihateliver]

I have never applied for increased benefits. However readng HADIT it appearsthat I may be entitled to more than I am currently receiving.

Below is my current rating as it stands in eBenefits.

The Pes Planus is service related. Hearing loss is service related (I was a 13E in artillery). Nothing for vericose vein stripping? I just had the right leg in surgery. I have other items that I had while in service that have just gotten worse over the years. Can I file for those as well?

Secondary to bilateral varicose vein status post stripping 0% Service Connected 02/04/2011

Varicose veins, right leg 10% Service Connected 03/31/1998

bilateral varicose veins status post stripping 10% Service Connected 09/16/1996

pes planus (flatfoot) Not Service Connected

hearing loss Not Service Connected

varicose vein stripping left leg 0% Service Connected 03/31/1998

left ankle sprain (claimed as nerve pain) Not Service Connected

skin condition (colored skin, right leg, chest and right side of head) Not Service Connected

hallux valgus, right great toe with degenerative changes 10% Service Connected 06/09/1992

status post fracture, distal phalanx of the index finger 0% Service Connected 06/09/1992

right ankle sprain Not Service Connected

chondromalacia of the patella left knee 20% Service Connected 07/18/1994

Not sure where to go with all of this. Hope I can get some help. Currently I'm going after my C - File.

[broncovet]

To get "backpay" you need to contest the effective date of your rating. There are at least 3 ways to "file for an earlier effective date":

1. If your decision is within a year, you can file a NOD and dispute the effective date of award.

2. If your decision happened more than a year ago, dont persue option one. You may need to file for a revision of decision based on Clear, Unmistakable Error.

3. You can sometimes win an Earlier date by reopening your decision based on 38 CFR 3.156.

Several of us have written extensively on EED. Your effective date is the later of the date you filed or the facts found (the date the doc said you became disabled). A hadit search on "earlier effective date" should yield you some of the past articles. NVLSP's "Common Effective Date Errors", might be the best, but it is written in legalese.

You can take your file to an experienced Veterans benefit attorney, and he will likely advise you if he thinks there is something amiss in one of your decisions that entitles you to an earlier date. Then, you can decide if you wish to enlist the services of an attorney or go it on your own.

Edited May 23, 2015 by broncovet

[ihateliver]

OSC -

We are all thick skinned around here. Thanks for the update. I meant no harm, but the senior vets, whom I have great respect for ooowup kinda got in my craw with the bankruptcy and the sorry to hear of my issues replies. I'm new here and I was looking for productive advice. Overall this site has a lot of great information and my hat goes off to all great men and women who post helpful advice for those of us that need it.

My God Bless you all, and May God Bless the United States of America.

[ihateliver]

Broncovet -

Thank you much. I salute you for your post.

[USN_HM_VSR]

For the NSC conditions you need to find out why you were denied first, you'll need to look at your RD for the reasons. You can request increases for your SC conditions at any time and as many times as you like. I don't see Tinnitus for SC conditions, you were artillery which is highly probable for exposure, File a claim for Tinnitus. You are SC for your RT toe and NSC for Pes Planus, your Pes Planus could potentially be addressed on your Increase Toe exam as a secondary make sure you have a dx and figure out why you were denied before, you are SC for the LF Knee, your NSC connected ankles can be addressed on the increase knee exam as secondaries as well as your RT knee, again make sure you have a dx and find out why you were denied for the ankles before,as far as your effective dates you'd need to go through all the dates and figure out what is what before requesting an earlier effective date, its possible to do and I've seen it, but need to be specific and not just say I think you messed up the dates.

right ankle sprain Not Service Connected

pes planus (flatfoot) Not Service Connected

hearing loss Not Service Connected

left ankle sprain (claimed as nerve pain) Not Service Connected

skin condition (colored skin, right leg, chest and right side of head) Not Service Connected

hallux valgus, right great toe with degenerative changes 10% Service Connected 06/09/1992

chondromalacia of the patella left knee 20% Service Connected 07/18/1994

status post fracture, distal phalanx of the index finger 0% Service Connected 06/09/1992

Secondary to bilateral varicose vein status post stripping 0% Service Connected 02/04/2011

Varicose veins, right leg 10% Service Connected 03/31/1998

bilateral varicose veins status post stripping 10% Service Connected 09/16/1996

varicose vein stripping left leg 0% Service Connected 03/31/1998

[ihateliver]

Thank you USN_HM_VSR

[Gastone]

Interesting, almost 15+ years since your original SC Award/Denials. Didn't care, didn't need or what? Seems most Sr Vets, for the most part, didn't know about VA comp before filing their 1st claim. But then, it's game on, win or lose. They're like a "Dog on a Bone" with their Appeals. Did you use a VSO Rep to file your original claim? If your SCs were "Low Balled" or Denials were in error, somebody, you or your Rep really dropped the ball.

If you think you got it coming, get it. Start your E-Ben on-line FDC claim yesterday to lock in your File Date. You have 1 year to complete the claim and hit the submit button.

Feelings are like xxx xxxxx, everybody's got, right. No room in VA Claims for what we think "should be," it's all about Medical Evidence and Nexus. What can you prove with your old medical evidence that the VA already has in it's hot little hands? What NEW Medical Evidence, that was not available or presented with your original claim?

You did keep your original Award/Denial letter, right? Did you agree with the original rating decision? Ever file a NOD within the 12 months after the date of the Award?

Have you continued to receive VA or Private Medical treatment over the years for your SC conditions? Any medical evidence to support an increase per 38 CFR 4 to any of your SCs?

Semper Fi

Gastone