How\Where to file for Retroactive Back Pay for a claim

[SgtKidJoe]

I had someone review my claim for service related foot arthritis. My original claim was denied in 9/2014, saying it wasn't service connected. I filed again 3/2015 and again denied.

I supplied a copy of my TAD orders and medical records on 3/2017 and was granted 20%. However, this should have been back dated to 9/2014. 

So does anyone know where to file for the back pay? I was told there's a spot in eBenefits, but I have yet to find it, or in Vets.org?

[Berta]

I agree, this sounds like a 38 CFR 3.156 situation-

I just wrote a CUE here that might help if you do consider filing CUE:

https://community.hadit.com/topic/73411-to-cue-or-not-worth-it/

It might not be the same situation but I felt this vet had a prime facie CUE scenario-

and the CUE contains what the VA will need to know- what regulations did they violate in any past decision? 

and how did their legal errors manifest an altered outcome to you- meaning they owed you money you didnt get due to their legal error(s).

The vet above did the hard part- he determined what he felt was their legal error, and I agreed.

 

We have considerable info here on how to file CUE amd 38 CFR 3.156 claims.

 

 

 

 

[Buck52]

The NOD Form broncovet mention  

 VA 21-0958

Before you file CUE you may want to wait on your NOD decision.

  as broncovet mention  ''you could argue 3.156 c in your appeal. ''  , then CUE if they didn't change it.

Edited December 31, 2018 by Buck52

[SgtKidJoe]

Thank you all for your comments. I am scheduling a appt with my VSO and a Disability attorney to review this issue. 

[SgtKidJoe]

I haven't been able to work on this until just recently. 

I filed and received (4/9/19) for an increase to my PTSD from 50 to 70%, as part of a Reasonable accommodation to permanently work from home due to that and my foot injury.

I agree that it should be rated under Arthritis code and not it's current code.

I requested my c-filed on 7 February, registered mail, but have not received it.

 

During the last claims filing, I had asked for my foot arthritis it to be updated to 40% because it's basically useless and needs to be fused at both ends of the 1st metatarsal and at the Joint for the big toe. I received the following:

 

So I plan to file a NOD. I went thru my medical records and noticed I am missing physical therapy for the injury. I did locate a Dr's note, where I was given a walking cast for 4 weeks.

I also found my exit physical which discusses the foot problem and arthritis.

 

So am I looking for a unicorn under a rainbow, by trying to get the EED set to my last day in service, or should I just file the NOD going w/ the 2014 date where I originally filed?

[broncovet]

When you appeal the effective date, you dont have to specify WHEN that effective date is.  You can simply appeal the effective date to be PRIOR to the one given in the decision.  The BVA is charged with applying USC 5110 and render you the earliest date allowed by law when you appeal the effective date.  

Of course, you should argue any of the items under USC 5110 which applies to you.  

In (one) of my BVA appeals, it was denied BUT, I actually got another year of retro because they did not apply USC 5110 regarding an INCREASE

Quote

(3)

The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.

.

https://www.law.cornell.edu/uscode/text/38/5110

[SgtKidJoe]

broncovet, 

Thank you. I trying to look around hadit.com for some type of format or assistance with this NOD.