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

Rectoactive pay for 10 year claim denied in 2008 approved in 2018

Rate this question


Janine

Question

Good Evening 

I submitted a claim for PTSD ON 2008 and was denied. I don’t remember being seen by a mental health provider to validate my PTSD back then. I filed again in 2016 and I  was approved.  After speaking to one of my counselors she encouraged me to file a NOD. IT finally made sense to me to do it do, The Va did not believe my story back then. But anyway I’ have come a long way I believe. It really is an can be a strange emotional beast to deal with on top of trying to navigate through the world. I filed the NOD FOR back pay for effective date sept 8 2009 because that’s when they denied my claim the first time for PTSD. I also had 3 dependents at that time. 1 in high school and 2 twin boys in middle school. I was a good soldier just happened to run into some perverts with no self control. Yes I’m still pissed. 

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

2 answers to this question

Recommended Posts

  • 0
  • Lead Moderator

I agree you should file a nod disputing the effective date.  Normally, in VARO decisions, they give a reasons and bases as to why they came to their conclusions.  Remember, you now have to file a nod on the form 21-0958.  I usually like to take the VARO "reasons and bases" and refute those, if possible, when I file a nod.  

Generally, your effective date is the later of the "date of claim" or the date the doc says you had the applicable disorder.  ("facts found").  There are quite a few exception to this general rule for effective dates.  One notable exception is if you filed within 12 months of your discharge date, you should get retro back to the date of discharge.  Of course, I dont know if this applies to you or not.  

As far as your last sentence, "I am still pissed", remember that holding a grudge hurts you more than it hurts the person(s) who hurt you.  No, Im not saying THEY deserve your forgiveness, but I am saying YOU deserve YOUR forgivenes.  One pastor called it "toxic unforgiveness".  Of course its easier to say than to do.  

I can tell you, from personal experience, I "could not" forgive someone for at least 5 years.  However, one day I was praying the Lords prayer...".....and forgive those who trespass against us", and I went "Whoops, I cant say that...I dont forgive....."

To shorten the story, I was able to forgive (but only with God's help), and a big burden was lifted off me.  

I HATED this person...and I do mean hate.  We did mean things to each other, and those accelerated until the next step was one of us killing each other.  

After the forgiveness, I have "absolutely zero, zilch, nada...none..hate for this person".  To say this made a huge difference in my life is a vast understatement.   ONLY after the forgiveness was I able to "move on" and to love others who, of course, had nothing to do with those who had wronged me in the past.  

Link to comment
Share on other sites

  • 0

 Thank you for your help! Did not say I was living in unforgiveness  which is a difference from acknowledging my current feelings and working through them when we are relieving painful experiences through the lives of others. Yes Thanks goodness for the predators some of them know Jesus Christ. 

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

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK 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