Question about Appeal NOD

[Wjason777]

Been trying to get a straight answer to this but no one seems to know. Maybe you guys can shed some light on this and what I should do.

I Recently won an appeal for Headaches and TMJ. I originally filed back in 2010. Since 2010 I've been having multiple symptoms of these conditions. In June 2018 I received the case decision letter in the mail. I was granted 30% for tmj backdating to 2015-2016. and 10% from 2016 to present. I didn't receive any back pay because the BVA altered my dates so it wouldn't be any backpay even though I've been treated for these conditions since 2010. 

My question is, can I file for a NOD asking for a DRO to take a look at this, along with a sworn declaration explaining whats going on and why I think these conditions should be backdated to 2010, not 2016?

If I did my math right it would be a backpay of well over $100k.

 

 

 

Edited July 12, 2018 by Wjason777

[Wjason777]

I'm currently drafting up a letter, ill post here once I'm finished with the draft. 

[john999]

I think I would try and work the chronic pain and depression side of the case.  I knew a woman letter carrier and the USAF tried to fix her TMJ surgically  and made such a mess she lived with chronic pain for years.  Due to the pain she became addicted to pain killers and she was not shy about letting the old horse doctor at our medical unit know about it.  She went out on disability retirement I think, and then got the VA to cough up 100%.  If I had to face her in a room without an armed guard I would have just granted her 100% and sent her on her way.   When she took her pain pills and got riled up she just let it all hang out.  She did not have to get physical.  Her mouth was all she needed to bring down the house.  No matter what the VA says they cannot measure pain nor can they measure PTSD or depression.  It is usually best to try and not get them to actually hate you since all the doctors, judges and claims examiners will lie and cheat to ruin you.  Many of these medical types have zero integrity and half of those working at the VA come from cultures that hate us anyway.

Edited July 15, 2018 by john999

[broncovet]

Did you have a C and P exam (or other medical exam) around about the 2015 effective date?  Read these exams.  Your effective date should be the later of the date you applied, or the facts found (the date the doctor said you became disabled. 

As was pointed out, they apparently staged your ratings (Fenderson), granting 0 percent then increasing it.  

Its unusual for them to stage it up, then back down again, which, according to your decision, this is what they did.  

My suggestion is you take it to a NOVA attorney and ask him if he is interested in representing you on an effective date appeal.  (If your BVA decision is within 60 days).  

 

[Wjason777]

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Edited July 17, 2018 by Wjason777