Get SC backdated to onset of condition?

[Christheexplorer]

 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.

[broncovet]

Agree, VYNC.  My son got out of the Army about 3 years ago, and he obviously has PTSD.  (Obvious to me, not to him).  But, he wont seek treatment, and he wont apply for benefits.  I was the same way...for years and even decades...until it got worse and worse, and I finally said "uncle" and applied in 2002.  So, to thank me for "holding off applying", the VA did everything in their power to delay or deny for the past 14 years, rendering 17 RO decisions, 3 BVA's and this is my second trip to CAVC.  Its typical VA.  You know, that "claimant friendly" system, that denied me 14 different times.  

[Vync]

12 minutes ago, broncovet said:

Agree, VYNC.  My son got out of the Army about 3 years ago, and he obviously has PTSD.  (Obvious to me, not to him).  But, he wont seek treatment, and he wont apply for benefits.  I was the same way...for years and even decades...until it got worse and worse, and I finally said "uncle" and applied in 2002.  So, to thank me for "holding off applying", the VA did everything in their power to delay or deny for the past 14 years, rendering 17 RO decisions, 3 BVA's and this is my second trip to CAVC.  Its typical VA.  You know, that "claimant friendly" system, that denied me 14 different times.  

"Claimant friendly" as long as you really, really, really, understand how EED's work and if the VA gets things right before turfing your claim into the never ending appeals zone.

Edited August 15, 2016 by Vync

[brokensoldier244th]

So, you didnt apply, he didnt apply, and its VA's fault? I don't follow the logic. 

[broncovet]

I'll help you get it, broken soldier.  

You get PTSD from the war (or TBI, whichever).  PTSD/TBI have been known to cause mental health problems, that is why its listed as a MENTAL HEALTH DISORDER.  

Now, you propose "blaming the Veteran" for not applying when he is not always mentally capable of knowing when, where, how, of even if he should apply.  VA execs love your plan.  They get to keep all the benefits because the most severe PTSD/mental health Vets dont know how, dont care how to apply.  Lets make sure there are plenty of homeless Vets forfeiting their benefits as they are just too messed up to apply, so that hard working VA execs can collect bonuses for promising to help end Veteran homelessness, while fudging the numbers like they did with the wait list scandal.  

Your solution reminds me of the VA's "app".  They suggest homeless Vets put an app on their phone so they can get benefits.  They "forget" the homeless man often has no phone, no address, and no money.  

Maybe "blaming the Veteran" for not applying will make the VA big whigs feel better, that they have done such a bad job with homeless Veterans.  

There should be NO SUCH THING as a "homeless Veteran".  

Edited August 15, 2016 by broncovet

[EODCMC]

3 hours ago, Vync said:

I have seen a lot of veterans asking the question, "If I knew then what I know now..."

 

The other day I talked with a veteran who didn't even know it was possible to file a disability claim because they were told the VA only handled GI Bill.

In the service, many acquired the "tough it out" mentality despite injuries. They got out and continued to live under that philosophy, but their injuries caught up to them and didn't have adequate health care. By then, damage is done and it might be too late to turn things around.

Back before the Internet and before the VCAA of 2000, many of us were told to just visit our local VA rep after getting out, but in reality the representation may have been pretty awful. Unlike today, all resources were pretty much locked up in an ivory tower back then.

And then there are VSO's who helped veterans file their claims. The veteran comes back later with another issue and is told not to file anything else because it "might slow down" their pending claims.

 

Personally, I was out of the military for 13 years when I found Hadit. I had no idea what a secondary claim was until I learned it here. If I knew it was possible to file a secondary claim, I would have done it years earlier, got treatment, and not feel like I am falling apart.

Ditto!  I could have been compensated for many years, I think.

In fact, I thought that some folks were just taking advantage of the system. It's still my personal feeling that I will only claim a disability for something that happened to me as a result of my service. If I feel I would have contracted the problem whether I was in the service or not...well, I'm not sure I will file a claim. 

By no means am I passing judgement, however. I served 27 good years and spent very little time in sick bay.

[63SIERRA]

the aspect of aggravation of an unknown in service existing condition can also come into play, as well as the VA s failure to properly process the claim, consider all evidence of record, and apply the 38 CFR laws accordingly.

One question you may ask yourself is are the disabilites that you are rated for likely to improve in the near or far future?

Just a small reduction of one contention can lower your rating signifigantly.

If you dont do a notice of disagreement to the ligitimate claims that were denied, your basically agreeing with the VA at this time that they dont warrant service connec tion.

The VA seems to despise service connecting lumbar or cervical spinal problems, because they rarely get better, are risky and expensive to treat, and garner lifetime compensation in many instances.

In my particular case, I had a claim that could have likely been won, dating back to 1995, but it may have been a 5 year battle, or longer, so I weighed the options, and determined my time and well being are more valuable than a larger sum of money, so I didnt  pursue the claim, but I can if I wanted by just submitting new evidence (any specialsts opinion), then the VA would have to consider all past evidence as well, just as they do when attempting to deny a claim.

As long as im left alone, the VA will never hear from me again, but if not, I will dig in, regroup, get back into my warrior mindset, put in my mouthpiece, and go hold the line again. Sometimes having the potential to use leverage, can be more effective than actually using it.