Retro pay and changing ab8

[treysnonna]

They gave hubby 20% increase in diabetes.  Which he was at 80, so it brings him to 90, so how long does it usually take ebenefits to catch up and show on the AB8?  They made decision on the 30th of May.  They are only paying it for tw yrs.  it is not going back to the Jan of 12 when we filed it.  Their reasoning was that in 2012 the our doctor put down that , he was on insulin, restricted diet, and limited mobility.  And theva dr said he was not on a diet.  Spouse he could tell that from just looking.?  And then when it went to bva we had our drs. Write up a letter, that said hubby was on restricted diet, insulin, and restricted activities.  So as not to drop his sugar too low.  And that was sent in 2016.  So that is why they chose to only give him the increase from 2016.  The dr also put down he was unable to work due to his service connected disabilities.  And that is why they are telling hubby to put in for iu.  That along with ckd has been remanded back to amc or original ro that made the initial decision.  So we are not sure who has it yet.  We are waiting on someone to contact us.  And send us forms for iu.  Does that necessarily mean they will approve iu.  But the two yrs retro should not be that hard to figure out.  10% for 2 yrs.    and we will ask for reconsideration for the increase to go back to 2012.  What do you guys think?

[broncovet]

When the decsion arrives, you want to file a nod disputing pretty much all issues:

Dispute the disability percentage(s) and the effective dates.  Submit evidence, not your opinions.    Medical evidence.  Order your cfile if you have not already.  Read it to see what evidence the VA has, and compare it to what you know to be true.  If there is missing evidence, say for a medical exam that is important/relevant, then submit that as new and material evidence under 38 cfr 3.156 b, or if missing service records, 3.156 c.  

A "pending claim" means that your effective date will go back to the date first filed and you dont need to raise the standard of review to CUE level.  Read 3.156 b "pending claims".  Pending means that, well, its pending in appeals or initial evaluation.  

It does not become final until a year after your VARO decsion AND you dont file a nod.  

If you file a nod within a year, then your claim iremains pending until The BVA decides.  

If you appeal the BVA decision to the CAVC, its still pending.  Only after you have either exhausted all appeals, or let the appeal period laps by not appealing does your claim become final.  

You are on to the VA's Thrid favorite thing:

1.  Denials.

2.  Delays

3.  Lowballing.  They lowball your disability percentge and lowball  you again on the effective date.  

      These are the 3 things VA does best.  You have to fight them at every step.  

Download the TDIU form and send it in, if you are not working.  https://www.vba.va.gov/pubs/forms/vba-21-8940-are.pdf

     With TDIU you need to show:

You are unable to maintain SGE (substantial Gainfull employment) because of sc conditions.  SGE means the poverty level for your number of dependents, something a bit over 10,000 per year.  

     Your doctor needs to opine that your service connected condtions prevent you from maintaining SGE.  A voc rehab assessment is sometimes also needed.  

      Remember, VA employees, (and, indireectly VSO's) get paid by your opponent at law (VA), so their advice is tainted for that reason.  

     VA loves to "poison" your claim by doing stuff like saying, "Naw, dont appeal this, if you do, you will be reduced instead."  This is poison, so dont eat poison!. 

[treysnonna]

Thee thing I feel the va is totally ignoring, is we submitted this claim for ckd/renal insuffiency, as secondary to sc diabetes. They are trying to relate it to cads.  Hubby has had diabetes since 1998.  They say and it was granted in 2001.  I need to get that corrected, by callin Little Rock Ro.   But he was diagnosised with ckd in 2011.  He was diagnosised with cads in 2013.  Now he had the aortic valve problem since 2008, and we did put a claim in for that as secondary to diabetes.  It was denied.  I’m wondering if the surgeon would have different opinion on wether the valve problem and cad are linked together.  But I don’t know if this needs to be brought up that he had diabetes yrs to do this damage, but was diagnosised with the cads after he was diagnosised with ckd.  I’m confused here.

[treysnonna]

So, a couple of Attorneys from American legion contacted us, and they want to appeal the increase effective date for his diabetes.  The va only granted it back to aug of 16.   The  attys want the effective date to go back to Jan of 12. We got it back in the mail today, with the $50.    

Edited August 10, 2018 by treysnonna
iPad did not correct spelling

[treysnonna]

They have already rated it.  Since it was granted at bva level, and the rest of the claim was remanded to Wyoming, are they the ones that rated thee diabetes?  Who would we call to check on this we have had no increase in percentage since aug of 16.  So it should be a no brained.  

[broncovet]

On 6/12/2018 at 8:14 PM, treysnonna said:

We are waiting on someone to contact us.  And send us forms for iu.

Dont wait, take the initiative and send in the form for TDIU yourself.  You can print it off from here, or ask your VSO to print it for you, if you dont have a printer.    Sorry I missed this earlier.  Each month you delay sending in the form could cost you the difference between 100 percent and 90 percent, which is a large amount, NOT 10 percent like one would think.   Even better, your kids could get Chapter 35 earlier, which could be a big deal for them especially if they start school in the fall.  

https://www.vba.va.gov/pubs/forms/vba-21-8940-are.pdf

[treysnonna]

Thanks Bronco,  I think we are going to have too now.  Just talked to a guy at amc,  and he said they are holding up the increase in diabetes, until the remand is done.  I thought he would get the back pay and they would start paying him, the 10 percent extra in his ck now.  But I thought wrong.  We still have not heard a thing on the remand.  Now they are the one that suggested iu, but I bet they will only go back to the Aug 16th date, like they have done with the diabetes. So do you think if we go ahead and file it back to the date nov of 12 is when original claim was filed.  Now he was only at 50%.  But if they rate the 20% increase in dB and rate the kidney at 60.  Will they then qualify him for iu.?  Maybe we need to call the attorneys and let them figure it out.  Now if we file any other claims will they hold them up too?  That is what hubby has always been afraid of.   Took him to retina spec. Yesterday and he may have to have surgery on his eye, because they think it is bleeding in the back.