VA Disability Back Pay

[colarguns]

Hi,

 

Thank you for taking the time to look into my situation.  I will try to keep this on point as best as possible.  I was discharged medically (USMC) in January 1989.  The medical board gave me a 10% service connected disability (compensable).  After 6 months of being home, I received a follow up letter from Tampa VA.  I attended this follow up, and the doctor who looked at me, said “oh you’re fine, I will bring that down to 0%”!!  I was furious at how I was played by the system, so I began fighting the system (Congress, 2nd Marine Division, White House, you name it). 

 

I received a letter dated July 1992 from a VA Adjudication Officer, stating that they have reviewed by medical board examination from 1988, and found that I met the criteria, and therefore, I was given back the 10% compensable disability.  I do not recall filing a claim during any of this time, and I believe all of my calls and mails (no access to email at time), were effective in resolving this.

 

I never received a dime from the VA for anything.  I have kept this letter all of these years, and just a few weeks ago, I found this in my strong box stored in my warehouse.  After reading it, I decided to hit the trail again.  I took it to the DAV locally, and he called the VA in my presence.  After the call, he said that they confirmed that my disability was approved in May 1991, and stopped in March 1994.  These dates were confusing, as my VA letter which originally confirmed the disability, was dated July 1992.  As for why the disability ended in 1994, I have no idea.  I have no records of appeals, denials, or anything of the sort.

 

The DAV Officer said that according to his conversation, the VA would owe me from the date of May 1991 to March 1994, but I would have to fill out a Form 21-4138 (Statement in Support of Claim).  On this form, all he said to write was (Statement that I never received compensation, and that I have no record of appeals).

 

This is where my questions and concerns come in.  If the Marine Corps medical review board determined this 10% disability in 1988, shouldn’t I be compensated from that date to the present?  Again, I have no other records, other than the letter from VA Adjudication Officer dated July 1992.  Overall, it is easy to see the roller coaster of events:

 

1988 - Medical Review Board approved discharge based on injury rating of 10%

             (Never received a dime of compensation)

 

1989 – Tampa VA follow up visit on injury

(Doctor said I was fine, and dropped the 10% to 0%)

 

1991 – Apparent approval date conveyed by VA and DAV

(I have no record of claim filed, other than memory of my calling and mailing everyone in the command structure to slap the VA for reducing my disability 6 months after my discharge)

 

1992 – Received letter from VA Adjudication Officer awarding a compensable 10% disability

(based on medical review board findings in 1988)

 

1994 – According to feedback from DAV, the VA conveyed that I was awarded the 10% compensable disability in May 1991, but due to appeal, this was brought back to 0%.

 

So if you look at the roller coaster of being approved, denied, approved, approved, denied, it is pure silliness.  I find it hard to trust even the DAV, and I could be very wrong with that feeling, but because of how screwed up the VA is, I am worried that the DAV officer may be poorly directing the filling out of this Form 21-4138.  Do you have any advice on what I should write on this form?  I am trying to stay away from bringing an attorney into this, because they will take 20-30% of whatever is due.  I have already been told that they owe me from 1991 to 1994, but my case is I feel they owe me from date of discharge to the present.  Any helpful information you can provide on how best to fill out this form, would be greatly appreciated.  Thank you.

[Gastone]

If you currently have an actual Medical Condition that has worsened and that has previously been Rated by the VA as SC @ 0%, it's certainly time for you to file an FDC for an SC Increase.

Per VA Regs, filing for an Increase of an existing SC condition regardless of the original Award date puts a possible "Inferred IU Claim" on the table.

If and when you care to, how about the back story about how you think the VA Screwed you over?

The Corps 10% MH Discharge doesn't automatically translate to a VA 38 CFR 4 Rating Schedule of 10%. If you have a VA SC 0% Award, there has to be a C-File record containing the Award and the "EOR" (Evidence of Record) that was used to make the SC 0% Decision.

Semper Fi

[vern2]

On 7/5/2017 at 5:33 PM, colarguns said:

Than you sir.  I am going through a FOIA request through the VA.  There may be a different approach, but that's where I am.  I also went to the va release of information office in Tampa, and requested (all) records since my inception.  He said it would be placed on a cd and mailed to me.  I do appreciate your help, and glad to know you got what you deserved on your rating

A typical FOIA request may take up to a year, or more to get response. You can contact the NRC in St. Louis to get a copy of your C file. This usually takes a couple of weeks, which is fast by VA standards! I had a phone number, but have lost it, which I used to call the NRC (national record center) to expedite  my request. I do still have a VA complaint number in my phone contacts, but not sure how useful this may be- number is 1-855-948-2311.

Vern2