Actual effective date on a claim

[Jimmer]

Hi, I am not sure I am on the right are for my question, if not I apologize.  I had a long running battle with the V.A. on S.C. for my eyes.  I renewed by filing about 11 years ago, and with you help and guidance I was successful. I cannot thank you enough how grateful I am for your help.   My question is that I originally filed a claim in May 1970, for my eyes.  I had been released from the USMC for a couple months, and I  filed I provided the doctor's information at the naval hospital, and two eye specialists.  I received a letter back from the Adjudication officer that said "We have found it necessary to deny this claim for eye condition because the condition cannot be classified as a disease or injury for which compensation will be paid".  I had the case re-opened in 1978, provided the Naval doctor name dates (he made the determination to release me), contacted three eye specialists provide information  to the V.A.  I received another letter from a different Adjudication Officer stating "As before stated in our letter of May 1970, we have found it necessary to deny your claim for a eye condition because the disease was pre -existed (not true!) service and cannot be classified as a disease or injury for which compensation can be paid".   I tired again in March 1981, same results. The V.A. never looked at the information, contacted the Naval doctor for the information.  It was only with a BVA appeal that the judge ruled in my favor.  The Naval Doctor had a complete file of what had happen. I feel that I should have a earlier effective date then what was given to me.  I just found these letter in info in my C-file, buried in a folder,  slightly crumpled.  I knew this existed, put I couldn't lay my hands on it until now.  I feel the just "rubber stamp" a denial every time I sent in the forms without doing any follow-thru.   Thanks for your help.

[Jimmer]

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Gastone, I would say the retro would be low to middle six figure range ($200,000-$300,000) range.  I had originally applied for disability May 1969, after being discharged April 1969.  I received a denial, then gathered the evidence I had, re-filed in May 1970.  I was doing this on my own, and I am sure I made some errors.  I was denied again.  Same reason, same adjudication officer.   I filed again in 1978, same thing.  BVA ruled in my favor in 2014, after refiling in 2007. I was lucky in 2006, I was talking to a VSO person, and he said I had a case, and would help me. This past week,    I just found the doctor's notes, analysis, etc., in my C-file. buried within the back of a folder.  The doctors indicated I had suffered "blunt force trauma" to my eyes, and explained in detail, that I was to be discharged as a result, after being in the hospital over night.  This was all in my C-file,  I also found letters from the V.A. confirming that I had filed, in 1969, 1970, and 1978.   I went thru my c-file page by page.   I cannot say enough how important it is for people filing for disability to get their c-files. 

[EODCMC]

Gastone, your explanations and advise are exceptional and resonate with me best. Thank you. No offense intended to all the knowledgeable and passionate mentors/mentors that volunteer their experience...I appreciate you all.

[Berta]

It sounds like this has CUE potential for a better EED.

"I cannot say enough how important it is for people filing for disability to get their c-files. "

You bet! They also need copies of their VA and private med recs,and often need copies of their SMRs.

As a claimant, I nevfer needed my deceased husbands SMRs from the USMC but I do have them from the USN. NARA told me the USMC SMRs were all at the VARO years ago ,where they were supposed to be for a pending claim I had at the time.

My C file however ,contained all the stuff they said they didnt have-even a Peer Review report done for the Regional Counsel when I filed FTCA.I was stunned and shocked because the VA at many levels(OMLA,OGC, RO ) told me it had "never existed".

The VA Doctor's cardio report was fully supportive of my lay medical opinion and malpractice charges at to my husband's heart disease. I had to continue my FTCA case without it.  and I still won wrongful death so piss of them for lying about this report. It also included one copy of many I had sent to them of the 6 page autopsy done on my husband.They had ignored that autopsy for years until I called it to the attention of the VACO Cardio doc, who was also STUNNED they had not sent this probative evidence to VACO or to the OGC.Within days of my call to this doctor (still VA's head cardio doc) ,OGC called me to talk $$$ settlement.

Then when AO IHD regs were developed I used this 'non existent' report for that claim.

I see here that many widows do not have their husband's C files and can get it themselves.

It is amazing what a claimant can find in them.

They wrote up some incident report on me, saying I was angry and spouting off VA regulations and had a clipboard with me to take names because my husband had just died and the pharmacy had sent him another vet's meds by mail by mistake.

The VA pharmacy blamed the Post Office, but that idea failed. The worse thing in the incident report was that they said "the widow was wearing a yellow shirt and green slacks."

No way...I would have looked like a daffodil! Dont know what regulations I spouted off.....

that didnt matter because they wouldn't know VA regs anyhow- they all worked for the VA. 

 

 

[EODCMC]

The importance of obtaining one's c-file is not missed on the VA. I have been waiting more than a year for mine. They know that it increases the difficulty of filing the various grievances without knowing what information the VA used to decide one's claim. I continue to get the excuse about the backlog. However, this is important enough to throw a little money at it. It doesn't take a college grad to make a disk. If they withhold this information intentionally, it's shameful. Rant over.

[Jimmer]

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Berta, What you went thru, was a disgrace!   I wish "heads had of rolled", for the injustice to your husband, and the bullshit they put you thru.  I would love to see you testify in Washington D.C.,  and have those worthless Congressmen eyes roll out of their sockets.   I am glad you are a fighter, and continue to fight.  Get every nickel you are entitled too, and make it hell for those who throw "roadblocks" in your way!  I cannot believe that the VA (or maybe I can, and just can't believe their incompetence) didn't get this information.  There a the doctors notes, his signature, outlining everything, and explaining it as well.  he told me "make sure you have my name and badge number, because you are going to need it, when you file a disability claim".

[Berta]

I gave H VAC testimony years ago and have also written to just  every VA  Secretary starting with Derwinski about VA incompetence.

I want to see some individuals at the Buffalo VARO fired.

Their director, recently investigated by the OIG on a different matter, does not have a clue on VA case law and tried to manipulate established regulations, in phone calls to me.

Then some RO rep from her office, lied to me by phone  regarding my evidence.

What they were trying to sell me is some bizarre idea that a 100% rating for a condition that contributed to my husband's death was not 100 % Permanent -but it was total.

ALL 100% disabilities, by virtue of death become P & T.

I asked her what sudden cure of his "significant " brain damage ,as stated within an MRI ,,the VA had proof of , a cure that never occurred ,that my husband's 100% 1151 stroke was Not Permanent.His Voc Rehab records, his last C & P prior to his death for the stroke, and even his Student loan waiver,plus more evidence, all revealed in documentation,signed by the VA docs, stated  he was P & T,from the 1151 stroke.

And I reminded her they awarded 100% SC P & T for his PTSD, when he died.

The stroke, by  SSDI, was deemed as total.VA doctors documented it was Permanent as well.

I asked what P & T regulation had suddenly changed????   no answer.

How many widows/widowers accrued benefits claims based on a 100% SC award their husband had pending at death ,that they succeeded on, were denied accrued benefits ,with that ludicrous BS that the disability was total but somehow not permanent,when they died????

I am telling Secretary Shulkin about it today....and it supports why I asked him in past letter, to prepare a Fast Letter on CUEs within the appeal NOD deadline to keep this VA incompetence stuff out of the backlog.

We didnt create the backlog. The VAROs  did that themselves. It is job security for them.