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By 1454th Solider
If you get rated for 100% before you win a BVA grant, will the VA still pay you the back pay even if your rating does not change.
I won a remand at CAVC for reconsideration of an earlier effective date back to 1988 due to missing records on a single issue, where the BVA judge agreed and granted it along with service connection. The RO just sent out a decision packet, which I'm still waiting on.
What rating percent will they use (I'm at 40% now, the MEB gave me 10% back then in 1988)? How will they calculate retropay (using todays dollars or 80's pay)? Could I get IU (I was given P&T 100% in 2017) back to the new date (my social security record shows I only made above poverty level in 3 out of 30yrs of working)? Thx
Hello, first time posting here, thank you to everyone who has posted before me. I received a grant for my BVA hearing on April 15, 2021 and I received the letter in the mail. I was granted an earlier effective date for unemployability for about a year and a half so I should get some retro pay. So I received the letter in the mail dated April 15th and on May 8th my Ebenefits updated under additional benefits tab showing the earlier effective date however there is no retro pay. Has anyone had any experience with your ebenefits being updated but no retro pay yet? How long am I looking at? Thank you again whoever can share some experience with BVA grants.
CUE =BVA - retro to 1985 for PTSD
There are over 2,000 CUE decisions at the BVA for 2020. Many of them were denied and those cases reveal why they were denied.
But persistence pays off:
This vet would not give up- the case shows the rigamorale he went through.
"ORDER The Veteran’s motion to revise the March 2007 rating decision that granted service connection for posttraumatic stress disorder (PTSD), effective October 7, 2005, on the grounds of clear and unmistakable error (CUE) is granted, and an effective date of April 9, 1985, but no earlier, for the award of service connection for PTSD, is assigned. "
This case involved not only CUE but 38 CFR 3.156.
Also the veteran appealed to the Court ( CAVC twice and apparently had a lawyer at that point who successfully represented him at the BVA for the CUE.
The veteran at some point reopened his claim in 2005 and gained a 70% rating in 2007 (retro back to 2005)
The BVA stated:
"Here, there is no question that the award of service connection in 2007 was based, at least in part, on the confirmation of the Veteran’s stressors completed through CURR research. So, it is clear in this case that the effective date provisions of 3.156(c)(3) were applicable. "
This vet Also had problems getting his stressors verified- problems that probably came from the VA itself-that is why it pays to do all you can to get a stressor verified via JSRRC and/or buddy statements. VA will lie about contacting CURR, when sometimes they never do that.
It took 22 YEARS for that to occur in this veteran's case.
Still the veteran knew that was wrong- and he proved with his lawyer that hi original 1985 claim for "delayed stress" ( PTSD was still new then and many vets with a PTSD diagnosis I met when I worked at a Vet Center, didnt really know what PTSD was, but they all had been diagnosed with it -from the Vietnam War.)
My husband's 1983 award was for service connected "nervous condition"" subsequently changed to PTSD, when PTSD formally went into the regulations.
In this case the original claim for "delayed stress" was clearly an established fact that the veteran had PTSD fro the Vietnam War.
In many cases ( such as a recent CUE question here) a re opened claim can only generate a potential valid CUE on the original claim, only when there is no doubt that the original claimed disability was exactly the same as the re opened awarded disability.
The only good thing VA ever did for my husband was diagnose him with PTSD immediately when he tried to choke a loan officer at the VA.
The Director,a VA psychologist, as I mentioned before, gave him a buddy statement, because my husband revealed one stressor to him and the psychologist- was called to the same scene at the Perfume River, Vietnam to treat Marines who were obviously seriously affected by the "volunteer job" they had to do.It was horrible. He was awarded within a few months after that for SC PTSD. 30% SC.
Even with treatment for years for the PTSD here in NY, he was awarded 100% P & T posthumously for SC PTSD because PTSD can get worse over the years. Severe stressors never go away.
I hope this case above will help someone out there who thinks they have CUE and/or 3.156 potential.
Any vet rep or VSO who can read, would be able to understand what a valid CUE is by reading this case, and be able to determine if you should file or re open in that regard.
My last post on CUE here yesterday will also help any POA rep ,VSO , or claimant understand what a CUE is and how a re -open can gain a better EED, as explained in that post and in this very recent BVA award.
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,