Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

BBE

Rate this question


Marc

Question

1st time post but been on here learning for a few years and want to say Thank You for all the info. Ok I received my BBE on March10,2016 from a NOD dated April 8 2005. I know eBenefits is at best very inaccurate. All of the ratings are SC. In 2005 I was rated 20%, 2008 went to 40%, 2009 went to 50%. My new award was 40% Hearing  &  10% Tinnitus  that brought me to 70%. Also on the award letter there is a cue that the VA made a error on not paying me retro from the NOD on the rating in 2008 back to 2005. My Question is like everyone else "Where Is The Money" I have not received my monthly check with the increase to 70% on it or my Retro that is quite a bit of money What is the time frame on getting the pay straight. I hope I posted in the right forum like I said nrwbe any response would be appreciated.

Edited by Marc
Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

5 answers to this question

Recommended Posts

  • 0

 

" My new award was 40% Hearing  &  10% Tinnitus  that brought me to 70%. Also on the award letter there is a cue that the VA made a error on not paying me retro from the NOD on the rating in 2008 back to 2005. "

SInce they made a CUE that might be what is holding up the cash.I assume they did not mention the retro amount yet in the award letter?

VA made a CUE in one of my claims. When they paid me, it was still 11 thousand short ( 40 thousand Buck CUE)

I sent them my own mathematic calculations and they fixed it fast, but my point is, when they do send you the cash, make sure you check it out well because they make many math errors too.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0

Well all it took is to post on here and POFF the retro was in my account 2:28 AM I had already figured out how much I should be getting and the amount was $573 more than I had figured 69,881. Little weight of my shoulders. I have a CUE in for my cancer that is Agent Orange Presumption it is on the Nehmer ruling been reading a lot on it doesn't look like they are giving the benefit to the Veterans on it as the were when it first was decided. 

Link to comment
Share on other sites

  • 0

WOW That is Great news Marc.

Can you tell us more about the AO claim?

What type of cancer are you claiming?

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0

I had Liposarcoma cancer in 2001 & reoccurred in 2004. At the time I did not know it was on the Agent Orange list. My Primary doctor was on vacation and I had to see another one for my appointment. She was looking through my files and made a statement that she never heard of my cancer. I ask if she was a doctor she answered yes. She said she was going to do some research and she would get back with me. 2 days later she called and said that it is a very aggressive rare soft tissue cancer that doesn't react well to chemo or radiation and stated it was on the Agent Orange List. So as soon as I heard that I set up my Agent Orange Appointments. Well my cancer was in remission when I applied for disability so they ended up giving me 30%. Soft Tissue Cancer was the first Presumed Agent Orange disability and the date was in 1995. So i have had my CUE in for 2 years and sitting back waiting to see their decision and my next course of action. But I figure it's a shot. If I get it it would be great to get 10 years retro @ 30%. This is it not going for anything else getting too old to for the stress. Good luck to every one don't be like me and quit they owe to every one of you.   

Link to comment
Share on other sites

  • 0

If they had denied a formal claim for the liposarcoma in the past, and rated it with a % as NSC on the past rating sheet, and it was at least at a 10% rating at that time, that would be basis for CUE. 

On a 1998 rating sheet they failed to mention, rate or put any  % for my husband's IHD from AO.

It was not a presumptive then but was clearly a Section 1151 issue because the page before the rating sheet admitted their 6 years of malpractice on his heart disease, stroke, etc etc....

I filed CUE in 2004 on that (Buffalo VARO)and they awarded in 2012.( Nehmer Phila. VARO)

I rasied the point that , although the CUE was finally set for BVA transfer, but not sent to BVA yet, the proper CUE claim resolve was needed as it impinged on a proper AO IHD award.

It took Phila RO about 3 weeks to resolve and award the CUE ( I filed 3 separate CUES on the 1998 decision ) and they all got resolved by Phila Nehmer.

When did they initially deny for the STS cancer?

 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use