bob barker Posted July 3, 2015 Share Posted July 3, 2015 I filed in 2008 and was low balled for ptsd and denied other conditions. After a couple years I hired a lawyer to wave his magical wand over my claim. I just got my brown envelope a couple day ago(3 weeks after emailing Allison) and was rated 100% permanent for ptsd. The letter also stated that my other claims would be looked at and most likely need c&p's I assume. 2 concerns I have. My retro date is from my last C&P exam which was only a few months ago. My lawyer wants to go for a earlier retro date which makes sense to me. Anyone know a time frame to resolve a issue like this? I almost want to pursue this action on my own but feel I'd be kicking my lawyer in the balls. I really dont want to bother with the VA about the other claims. The VA stresses me out/reminds me of the army and I would much rather cancel the appointments (thoracic spine pain, funky healed broken foot, chronic cough/sinusitis) and not deal with the VA. Is this a foolish move? I would also like to thank these forums. I'm mainly a lurker but I have lurked a lot when feeling very hopeless about my claim. This section would give me hope to not give up. Link to comment Share on other sites More sharing options...
Notorious Kelly Posted July 3, 2015 Share Posted July 3, 2015 Happy to hear it, Bob! Link to comment Share on other sites More sharing options...
TALON II FE Posted July 3, 2015 Share Posted July 3, 2015 I could be wrong, but...I thought that once you had an award for a condition, did not file NOD or appeal (did you?) within the time limits, it was treated as an increase from time filed for increase, so that date was the "start date". The lawyers usually get paid a portion of the retro, so he will work VERY hard to get it back dated, so who knows? Now, if you get awards for things denied the first time...that seems to get a little more "gray". Someone else with a lot more knowledge on this (probably most of the "old timers" here that have been fighting the good fight a lot longer) will surely chime in and straighten me out. Congratulations! Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted July 3, 2015 HadIt.com Elder Share Posted July 3, 2015 (edited) bob barker If you try to get an EED back to 2008 I would use the attorney, that much retro the VA will fight you for it anyway they can and if you don't know VA Law very well its best left up to the attorney. I think it would be a big mistake to not to deal with the VA for your other conditions unless you have a good private insurance but that's your choice. As for as the time frame on retro is any ones guess. Congratulations on your 100% P&T ...jmo .......................Buck Edited July 3, 2015 by Buck52 I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!! Link to comment Share on other sites More sharing options...
rootbeer22 Posted July 4, 2015 Share Posted July 4, 2015 Congrats...finally..it came thru...you should be very happy.... Link to comment Share on other sites More sharing options...
bob barker Posted July 4, 2015 Author Share Posted July 4, 2015 (edited) I could be wrong, but...I thought that once you had an award for a condition, did not file NOD or appeal (did you?) within the time limits, it was treated as an increase from time filed for increase, so that date was the "start date". The lawyers usually get paid a portion of the retro, so he will work VERY hard to get it back dated, so who knows? Now, if you get awards for things denied the first time...that seems to get a little more "gray". Someone else with a lot more knowledge on this (probably most of the "old timers" here that have been fighting the good fight a lot longer) will surely chime in and straighten me out. Congratulations! I cant remember 100% but I know I try very hard to file NOD or appeals when ever needed. I know I had one appeal with this lawyer at least 2 years ago. I have paid the lawyer for the small retro I got and I plan on keeping him and hope to pay him 30k next time. I know he will do a better job then me. I almost didnt type that I thought about doing it myself. bob barker If you try to get an EED back to 2008 I would use the attorney, that much retro the VA will fight you for it anyway they can and if you don't know VA Law very well its best left up to the attorney. I think it would be a big mistake to not to deal with the VA for your other conditions unless you have a good private insurance but that's your choice. As for as the time frame on retro is any ones guess. Congratulations on your 100% P&T ...jmo .......................Buck Duly noted about the attorney. Thanks for your advise about the dealing with the VA about my other conditions. Congrats...finally..it came thru...you should be very happy.... Thanks, I'm trying to have a positive out look. Need to get a hobby! Edited July 4, 2015 by bob barker Link to comment Share on other sites More sharing options...
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