Can you get back pay

[Doc8482M8404]

 So you find out that you are eligible for claims you file your claim.  Get eligibility, but you actually should’ve filed it 10 years earlier. Can you file some sort of form to be service connected back those 10 years? 

[Berta]

I think Many vets should have filed claims the day they got out- as well as made sure their discharge physical made note of any inservice problems they had.

But vets cannot fight over a claim they never filed.

There is an exception- the only one I can think of but others will chime in-

If a Vietnam veteran ( under Nehmer 2010) had a disability that VA was aware for and that

"should have been coded " on a past rating sheet as NSC at that time- 

which subsequently fell under the 2010 AO presumptives: IHD, Hairy Cell B leukemia, or Parkinson's Disease, whether they ever filed a claim or not they could have received a very favorable EED.

My AO IHD death claim fell under this -premise, called "Footnote One" ,and searchable here for more info.

If it became a 1151 situation, meaning you were not aware the VA misdiagnosed you for 10 years or more-and you didnt claim it- still- that would probably not warrant a better EED that the date of the claim-

that is a good question-in light of the recent Fayetteville fiasco----most of the misdiagnosed vets so far and one widow ( our former member Mike Sasser's wife )have already begun the FTCA process as I understand it.

VA is providing help with 1151 claims that could result from the Fayetteville situation.Personally I feel they should all be filing FTCA instead or in addition to 1151.

 

 

 

[Berta]

Geez- that is not quite correct- I have been devastated by the Fayetteville situation and the painful memories it brings back to me-

In 2015 I think it was ,I filed a CUE on a rated NSC condition my husband had , that he never claimed along with 3 other conditions he didnt even know he had for sure yet were in his original 1151 claim-that had not been decided when he died-

The result of the CUE was an award back to a 1998 rating sheet.He had never specifically claimed this specific  disability,which General Counsel medical opinion considered as one of 4 conditions that caused his untimely death.

I dont know how to really answer your question-if this regarded an 1151 issue, as to the EED.

Also my husband never claimed SMC but that too was awarded and paid after he died , with retro back to 2 years prior to his 100% P & T 1151 stroke.( because I filed a CUE on it)

Others will chime in-

 

Edited July 17, 2018 by Berta

[Buck52]

I agree with Ms berta

I do think the military has change opposed to historic years, back in the 60's/70's when we got out nothing was said or ask about our General Health  some of were given discharge physicals but they  did them like herding cattle and some of us were never ask any health questions that return from Vietnam   (maybe an inside A.O. Cover up) was the reason who knows.

  but mostly we  return and got out we never thought about claims or how our health was,, sure the ones that were unfortunate and lost their limb or limbs  that is obvious, but most of us never thought that we would be getting disease later on in life that are life threatening or render us disabled.

Now days the military is screening  the soldiers fairly well, my grandson just separated after 4 years of military service  US Army as a medic...they did a complete physical on him and ask about his over haul health plus he had to answer health questions, 

so now days all veteran that are being separated from military  you better  speak up .

jmo

[Buck52]

Ms berta

I just wonder how many veterans widows there is out there that never knew they could file 1151 claims from their dead husband,,even if  their records were recorded as to the cause of death and  it was determine by the General Counsel medical opinion or adversary committee that was what had caused their death.

I bet there are boo coos of veterans  that have passed away and their widow never had this information that they could file the 1151 or continue their hubby claim

Again the VA  Never gives out this information.

As you did you wanted to know what caused their death and you started doing research and informed your self  or educated yourself to this fact.

I wish all veteran widow would do as you have Ms berta...there are thousands of widows that have missed out.

[Berta]

Buck -I feel FTCA is better than 1151-for many reasons I have already posted here at hadit-

The main reason since I filed both ways- is that FTCA lawyers at the General Counsel's Office know VA case law in and out and they are willing to pour over our evidence.We dont get that attention to our evidence at the RO level- most of the time.

We have had widows here who appear to have a 1151 or FTCA basis but never did anything about it- same thing for a few members here over the years-I gave up on one of them- the best 1151 I had seen in a long time-but yu can lead a horse to water and cannot make them drink it.

This vet  had Niagara Falls in evidence, and I spent plety of time here to determine that.

if the FTCA Statute is up , they can still file under 1151.

I have already explained the FTCA offset to 1151.

One reason a good friend of mine only went via 1151 and not FTCA ( his ase would have been a beauty but he won 1151 ayhow)

I am the only claimant I know of ( and cheked with other lawyers) who had my entire FTCA offset refunded to me. It should be a big consideration when filing both 1151 and FTCA and also I negotiate my offset amount myself with OGC- may vets or widow/widowers do not know how to do that- 

There are so many nuances to FTCA , and even to 1151.

Get a Strong IMO from a real doctor based on the VA  medical records.ASAP

And if it reveals malpractice, get a lawyer-

 

 

[Berta]

One point I forgot to make-if a veteran or survivor settles with the US of A ( under auspices of the VA General Counsel) the settement will give no details at all on what type of malpractice they settled for-

However, in my 1151 award, it clearly states the chilling rendition of exactly why the VA awarded DIC under 1151 and it refers to the VACO medical report that supported all of my FTCA charges.

If a claimant files 1151 only and not FTCA, the 1151 payments are absorbed into the BVA 's Annual report to Congress, as Service Connected compensation-and they never separate the total payments of 1151.

The BVA actually verified that fact to me in email.

This is what I call Area 1151 ( not Area 51 where the aliens are) he he

But it isn't really funny at all to know how VA hides their actual 1151 payouts from Congress and the public-

and how they manipulate the FTCA payouts by never reporting some of them to NPDB.

I am wondering, since VA says they are giving veterans and widows information on both FTCA and 1151, re: Fayetteville-if they are strongly urging those victims (those who have already been told that they were misdiagnosed-to file under 1151 and forego the FTCA. Then again there were lawyers at the last Town Hall and many more lawyers will probably be at the next Fayetteville open meeting on this-

The pathologist handled lab work from the entire 4 state area in the VA of the Ozarks system.