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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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Christheexplorer

Get SC backdated to onset of condition?

Question

 Good Morning community- 

Earlier this month I recieved 100% service connection, a surprizing 2 1/2 months after submitting my claim on e-benefits. After living off of a few hundred bucks a month for the past 3 years I woke up to $6k in my bank account, so life feels great right now.

 

A friend of mine is telling me to file my NOD anyways, for the other disabilities  they didn't connect, and also to get my SC backdated to the onset of condition - which would be considered starting in the last 2 months of service before recieving my honorable discharge, 9 years ago.

 

Who has experience with this? Is there a legitimate route I can take to get my 100% backdated to the diagnosis of my PTSD, and without a lawyer?

Thanks and happy Sunday.

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Usually you can't get it back dated to onset, or in your case, to your last service date, unless you filed within a year of leaving service. NOD-ing for the other conditions is really a judgement call. Are they conditions from which you could potentially die? Then you would want to file for them so that if they were granted then your spouse would qualify for dependent compensation. At 100% your other conditions are all treatable under VA medical even if they aren't service connected, and you potentially won't net any more in compensation at 100% unless you are really messed up and housebound or need constant attending. 

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Mostly, I agree with brokensoldiers reply, but would add this:  Effective dates are very complex, however, the only instance I know of getting an effective date BEFORE you first applied would be if you were within a year of service.  There is an exception, however, in the case of an increase, if the increase occurs within a year.  See 38 CFR  3.400(o)(2)

The above regulation is often overlooked by VARO, as it was in my case.   

You can read more good stuff on effective dates here:

http://www.purpleheart.org/ServiceProgram/Training2014/BasicEFFECTIVEDATES.pdf

This explains several exceptions to the rule that you can not get an effective date earlier than the date you applied.  

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That is good information.

My personal opinion about EED limitations is that they are anti-veteran. It gives the VA more reasons to deny claims and not pay retro.

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EED is not a denial, its just not as early as everyone would like. I feel they are necessary. Why should someone, even a veteran, be able to claim something like Sleep Apnea or some kind cancer based on service if there is not a direct correlation 15 years after service? They give you a year to get your claims and ailments in a row, and for those other diseases and disorders that are already tied to presumptives those are already accounted for. I don't think just because someone is a veteran that they should be able to claim everything under the sun (what one of my Sgt's told me to do when I got out in 2002) years afterwards. Sometimes you get diseases, sometimes parts don't work right- its not always applicable to service. Sometimes its just getting old, or bad choices. I think the 1 yr is pretty generous as it is. 

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The "one year after service" is a presumption, which is rebuttable.  A great example of this is if you had a car accident with injury in that 1 year window.  VA could easily rebut the service connection and contend it occurred as a result of the car accident.  

The "arbritrary" one year presumption is just that...arbritrary.  There is nothing magic that occurs a year after service.  Many, many diseases take much longer than a year to manifest themselves.  A couple examples are hearing loss, and Hep C.   These take many years, and are often very difficult to service connect, even when/especially when, they are a result of service.   I dont consider the one year very generous, reminding you this is supposed to be a pro claimant ex parte, Veteran friendly system...that often takes 5 years or more for the Veteran to get his deserved benefits.   Why is there a one year prestumption, when it oftten takes 5 years for VA to pay these benefits??   If it was truly pro claimant, then why 5 years or more?  

If Veterans benefits are that great, why is it that recruiters are needed..why isnt everying just beating down the doors to get in the military in order to get those (allegedly) great benefits.  

Many companies offer both health benefits, retirement, disability (short term and long term) for their employees, including VA.  If VA health care is Sooo great, why dont VA employees use that, and use private care instead?  More importantly, if these benefits are so great, why dont politicians use VA medical care, if its the best in the world?  

There is a culture, in VA, where VA employees somehow resent the benefits given to Veterans, for reasons which are unclear.  I wont deny that some Vets game the system, and a rare few may have even obtained benefits for conditions which are not really service connected.  That is, they got benefits when they did not deserve them.  However, for every one of those there are 10 Vets who get denied, delayed, slip through the cracks, and often die before VA gets around to approving their benefits.  

Edited by broncovet
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  • Our picks

    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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