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Va Disability Compensatation Back Pay

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Bidogg03

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Please help....

Not sure if this is the appropriate spot to ask the question but any assistance in this matter would be greatly appreciated.

Left service in 1996. File for rash with VA in 1997 and was denied. Filed again in 2010 for bilateral lower extremities. Now there is plenty of documentation to show that I had a rash of the scalp, face, eyebrows, etc while in the military and it was clearly documented. However, when I filed in 2010 I was told due the lower extremities due to that was clearly where the rash was most present. Was finally service connected with a zero percent rating. Filed a NOD and went for another C&P exam of February 2015. The examiner clearly documented the rash of the lower extremities as well as the rash of the upper area of the body (scalp and face). I received my decision letter for a 30% on this for July 2015.

However, I did not receive my back pay from 2010. The only thing I could think is that because I originally file for lower extremities and was approved at 0% that they aren't going to pay for it. However, correct me if I'm wrong. If I filed the NOD and they come back at 30% and the information used to decide the claim wasn't new information, but information that has been clearly in my military medical records this whole time, then they have to compensate me the back pay from the time (2010), that the claim was first filed correct?

Thanks.

101st Airborne Division

Rakkasans

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  • HadIt.com Elder

It is supposed to work that way if under continious appeal. However, the VA is infamous for using wrong effective date. You have to be aggressive and appeal the effective date.

Good Luck.

The VA did the same to me that cost me 27 months of 100% back pay.

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  • Content Curator/HadIt.com Elder

If you filed your NOD in time and kept it alive, they should preserve your original effective date. However, depending on how your rating is worded and the severity of the symptoms that were present at each of your C&P exams, the VA may try and say you met the cutoff for the 30% rating in Feb 2015, but disregard the original exam. The VA may refer to this as a 'tiered rating', adjusted over time based on the evidence of varying degrees of severity. It is pretty common for the VA to low-ball ratings like this. Unfortunately for us, we have to go back and prove that they were wrong from the start.

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Did you file the 1996 claim within one year after your service discharge date?

Can you can and attach that decision here? (cover C file number, name, address prior to scanning it)

That older decision could contain a CUE....no enough info yet to know

The decision on the 2010 claim might be wrong too

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It is supposed to work that way if under continious appeal. However, the VA is infamous for using wrong effective date. You have to be aggressive and appeal the effective date.

Good Luck.

The VA did the same to me that cost me 27 months of 100% back pay.

Yes, I have a rep helping with my paperwork and we have stayed within the time limits as required by law. I'm waiting to hear back from my rep and how we are to handle this. Thanks for the info and glad to hear that you finally got yours. Appreciate your input..

Edited by Bidogg03
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If you filed your NOD in time and kept it alive, they should preserve your original effective date. However, depending on how your rating is worded and the severity of the symptoms that were present at each of your C&P exams, the VA may try and say you met the cutoff for the 30% rating in Feb 2015, but disregard the original exam. The VA may refer to this as a 'tiered rating', adjusted over time based on the evidence of varying degrees of severity. It is pretty common for the VA to low-ball ratings like this. Unfortunately for us, we have to go back and prove that they were wrong from the start.

They probably will attempt the tiered rating however, again, as I had stated that even though I filed claiming the lower extremities in 2010 and they gave me a 0%, I filed the NOD and this time around during the C&P, the examiner seen the other areas of by body that had been affect such as the face or scalp. Being that the VA has a duty to assist and they also stated during each decision notification that they review my military medical records, leaves them at fault for not clearly noticing the information that was already placed before them. It was new medical evidence otherwise I could see them trying this on me. Thanks for your input. Appreciate it.

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Did you file the 1996 claim within one year after your service discharge date?

Can you can and attach that decision here? (cover C file number, name, address prior to scanning it)

That older decision could contain a CUE....no enough info yet to know

The decision on the 2010 claim might be wrong too

I'm not sure I filed within 1 year but when I did file and they denied me for the rash they stated that it was due to the rash not being considered chronic only because they listed 2 dates that I was seen and being that they weren't more then 6 months apart they denied the claim all together. However, after review of my military medical documentation, it is documented that I was seen at various times for rashes over a -period of about 18 months while in service. They clearly didn't review my records as required, otherwise they would of have no choice but to approve the claim. However, back then I didn't know the laws as well and therefore never appealed the decision. My rep believes that it would be a long shot and that my claim for all my other issues would sit in limbo right along side the rash if I was to claim CUE. Therefore, I've just continue to fight my most recent claims. I actually have a PTSD C&P on the 17th of this month. Wish me luck and thank you greatly for your input.

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