Va Disability Compensatation Back Pay

[Bidogg03]

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

[broncovet]

What effective date did the new decision say for th 30 percent?

Your "back pay" will be based upon the disability percentage with the effective date given in the decision.

What did your Feb 2015 C and P examiner opine as far as the effective date?

Your effective date is the later of the date you applied, or the date the doc said you were disabled.

Did your c and P examiner state your disability had worsened as of Feb. 2015. That is did he say your condition was worse on Feb 2015 than the C and P exam which got you 0 percent, whenever that was.

Here are your possibilities:

1. VA has the correct effective date, they just have not got around to paying you for it, yet. This happens a lot when you retired, as there has to be an audit done.

2. Va has the wrong effective date, and you can file a NOD.

3. VA has the wrong effective date and you can ask the VA to cue themselves.

4. Va has the wrong effective date and you can do nothing. (not recommended).

5. VA has the wrong effective date because the C and P examiner opined that you became disabled in Feb. 2015. The only way to overcome bad medical evidence is with good medical evidence. That is, you likely need an IME/IMO to opine that you had this rash since 1996. He could only do this if he saw your medical records way back when.

[Bidogg03]

What effective date did the new decision say for th 30 percent?

Your "back pay" will be based upon the disability percentage with the effective date given in the decision.

What did your Feb 2015 C and P examiner opine as far as the effective date?

Your effective date is the later of the date you applied, or the date the doc said you were disabled.

Did your c and P examiner state your disability had worsened as of Feb. 2015. That is did he say your condition was worse on Feb 2015 than the C and P exam which got you 0 percent, whenever that was.

Here are your possibilities:

1. VA has the correct effective date, they just have not got around to paying you for it, yet. This happens a lot when you retired, as there has to be an audit done.

2. Va has the wrong effective date, and you can file a NOD.

3. VA has the wrong effective date and you can ask the VA to cue themselves.

4. Va has the wrong effective date and you can do nothing. (not recommended).

5. VA has the wrong effective date because the C and P examiner opined that you became disabled in Feb. 2015. The only way to overcome bad medical evidence is with good medical evidence. That is, you likely need an IME/IMO to opine that you had this rash since 1996. He could only do this if he saw your medical records way back when.

Thanks for responding. If all the information has always been in my military medical records and VA has only failed to recognize it then I would think that they at least have to go with the 2010 claim date. I guess I'll have to wait on my rep to let me know what they are planning on doing with this information. I just don't see how VA can go with the last C&P date if it has been in my military medical records. Dates they seen me for the rash while in service was from 1994 thru 1996. It has always been there. It finally took the latest C&P exam for the evaluator to notice it and give the appropriate rating.

[pwrslm]

Could the original 1997 denial be CUE? IF the same info was in the record, and they omitted it in the 97 denial, is it a basis for CUE?

Edited August 7, 2015 by pwrslm

[Bidogg03]

Could the original 1997 denial be CUE? IF the same info was in the record, and they omitted it in the 97 denial, is it a basis for CUE?

Yes the information was there this whole time and again they have claimed each time they have had a decision that they reviewed my military medical records from 1998 to 1996, yet it took a VA C&P examiner in 2015 to finally notice it. Even with the possible CUE from 1996-97 being a possibility I can't even get them to back pay me for the claim filed in 2010.

Edited August 7, 2015 by Bidogg03