Date Entitlement Arose

[mow59]

hello,  I'm a good example of this and haven't received an answer to yet...   long story short...

car accident in active service,1998,  all symptom's and complaints documented in ADMR

cp exam in 2000.   ear disease had tinnitus, hearing loss and vertigo. Vertigo attributed to TBI.  just 10% for vertigo.

dizzy for 20 years, tested periodically and nothing found but chronic dizziness noted.

.2017 diagnosed , finally,, with super canal dehiscence syndrome. 20 years of symptom's explained.

2017 filed a claim for superior canal dehiscence, the labeled it as peripheral vestibular disorder on the claim.

Feb 2,2018 Surgury repaired dehiscence,(hole)  lots of residual symptom's. . All noted on a CP exam in July 2018.

Would like retro pay to the time of the accident or retirement, when medicial evidence showed the symtoms,   but have been told that the reg  statement:  when entitlement arose or claim filed,  which ever is later will do me in for retro pay.. I'm waiting now on the claim to see what happens..

 

[mow59]

1 hour ago, Berta said:

I had t move your post to find it:

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Posted 14 minutes ago

"hello,  I'm a good example of this and haven't received an answer to yet...   long story short...

car accident in active service,1998,  all symptom's and complaints documented in ADMR

cp exam in 2000.   ear disease had tinnitus, hearing loss and vertigo. Vertigo attributed to TBI.  just 10% for vertigo.

dizzy for 20 years, tested periodically and nothing found but chronic dizziness noted.

.2017 diagnosed , finally,, with super canal dehiscence syndrome. 20 years of symptom's explained.

2017 filed a claim for superior canal dehiscence, the labeled it as peripheral vestibular disorder on the claim.

Feb 2,2018 Surgury repaired dehiscence,(hole)  lots of residual symptom's. . All noted on a CP exam in July 2018.

Would like retro pay to the time of the accident or retirement, when medicial evidence showed the symtoms,   but have been told that the reg  statement:  when entitlement arose or claim filed,  which ever is later will do me in for retro pay.. I'm waiting now on the claim to see what happens.."

 

If "Vertigo attributed to TBI.  just 10% for vertigo."

is the same thing medically as 

"the labeled it as peripheral vestibular disorder on the claim."

ad they give you a higher ratinf then 10% with the new claim, maybe you could file CUE on the older claim.....a big maybe---but nothing is impossible.

"Feb 2,2018 Surgury repaired dehiscence,(hole)  lots of residual symptom's. . All noted on a CP exam in July"

How long did you have this "hole" by medical evidence?

Do you have a copy of all of your VA medical records?

What residuals did the surgery leave?

 

 

 

The hole was discovered in my hear in May2017,,symtoms of the disordered around 20 years and documented.in  ADMRs and my CP exams at retirement.

  the vertigo they can attribute to the ear thing now and should get a 30 under vestibular disorder, if they go meniers Syndrome,,, that could be 60 to 100.  (wish) have all the symptoms of meniers but its SCDS. and a syndrome is a different thing then a disease, but I haven't found that noted anywhere.

    Its a rare condition SCDS  and doctors don't know about it.. the syndrome was only discovered in 1998, CPs were in 2000 for retirement.  hopefully that may help me. Google ,, I can hear my eyeballs move,, that's how it was found and diagnosed..

    Residual symptoms from the surgery, vertigo, vision, reading, nystagmus bad,  fatigue. hearing balance off, little bit of memory stuff going on,, its only been six months.. still finding out things...have copies of all records,, was all done in DOD facilities so they can see it and look at it for the claim.  

CP in July all things noted,, heard that it was a well written  CP exam in my favor. but haven't seen it.. still in gathering of evidence of claim.  They waited the six month requirement after surgery for the CP which is good I figure.  Should be rated well for the CP exam (present state of disability) I hope, ,but as far as the established date going back, I'm holding my breath.. would be nice one,, and it would be the truth,,  had a rare condition that was just discovered and Doctors didn't know about, all symtoms reported at the time match the syndrome> ADMRs

   they didn't know about the syndrome and things were written off as other things.. so no am wondering if they will go back and put it right. holding breath, getting blue,,,lol....date to finish claim is Oct 19 or so..

[mow59]

On ‎10‎/‎16‎/‎2013 at 10:30 PM, free_spirit_etc said:

In the case I linked to the diagnosis came much later:

"In May 1994, the appellant submitted a letter from Dr. Henson. In his letter, Dr. Henson stated that the appellant currently suffered from PTSD. Dr. Henson opined that in 1972, when the appellant had been diagnosed with schizophrenia, the appellant was "using large amounts of alcohol, which in conjunction with [his] PTSD, could have presented with similar symptoms. This may explain why you were given a diagnosis at the time of schizophrenia." That same month, the appellant also submitted a letter from Dr. Robert H. Keiter. Dr. Keiter stated that he had been treating the appellant since January 1994. Dr. Keiter stated, "You related to me that you were diagnosed in the past with schizophrenia. In my experience with you, at no time have you demonstrated symptoms indicative of the diagnosis of schizophrenia." In August 1994, the appellant submitted another letter from Dr. Bennett. Dr. Bennett concluded that the appellant had been suffering demonstrable and overt symptoms of PTSD since May 1975 when he began treating the appellant."

 

"The Board found that the appellant had a pending and unadjudicated claim for a nervous condition which would include a claim for PTSD since January 1972. Nonetheless, the Board determined that the VARO did not receive evidence which established that the appellant's nervous disorder was related to his military service until 1992, when he filed his claim for compensation for PTSD. The Board, therefore, found that the appellant was not entitled to an earlier effective date."

 

The Court said it did not mater when he got the diagnosis, or when the VA received the evidence. What was important was whether the evidence showed he had the condition at an earlier date (since he had a pending claim).

these are the cases that i need to look at. i was seen for symtoms but because it was so new and rare i never had a diagnosis. I'm going to look and see if there is something like this where the diagnosis came way later and they connected it to the symtoms while in active duty.. feel that's my best hope on an earlier established date... but i have to find some good ones.  

[Tbird]

New Member mow59 originally posted these in an old thread see below, I created a new topic for the member so it didn't get lost in the old thread. Thanks for the heads up from @Berta

 

 

[FormerMember]

Entitlement to a disease or injury arises the day the injury occurred on active duty. With that said, entitlement to VA benefits arises when it can be ascertained a Veteran claimant has evinced  via a written request for compensation for the listed disease or a similar distinguishable one. Prior to 2015, you could file it on a sheet of toilet paper. Since then we're required to file it on an Intent form or a 526EZ. See §3.155.

A claim remains pending until there is some ascertainable evidence it has been adjudicated, either explicitly or implicitly. This evidence would be a rating decision either granting or denying it in your c-file. All you have to do is file. If you did not file for the injury/disease upon ETS, there is no claim. If the Army gave you a disability comp. check for $30,000 when you ETS'd, that doesn't constitute a claim with VA. That is a separate matter. I hear way too many Vets who finally win say   "They should pay me back to when I got out because this was what was wrong back then." Usually, even if you did file and lose, a CUE claim won't cut it. You cannot argue how the evidence was weighed using a Motion to Revise. 

[paulcolrain]

11 minutes ago, asknod said:

" Usually, even if you did file and lose, a CUE claim won't cut it. You cannot argue how the evidence was weighed using a Motion to Revise. 

but couldnt you argue that erroneous evidence ( VA created there own point regarding how to evaluate without medical opinion or evidence ) was used to deny ?

example: vet claims leg sprain. VA states to DR on Exam request that the leg sprain has been determined to be an existing injury B4 service.. though NO opinion of this in file and no evidence to show..just that the VA says it.

Edited August 23, 2018 by paulcolrain

[Buck52]

No Claim no service connection or retro.  You got to file a claim as Asknod mention...

without a claim being filed then how can they Adjudicate when there's nothing to Adjudicate.