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?

[broncovet]

If your appeal is pending, you can submit an "arguement" (statement) in your behalf), or your representative can do so for you.  

You simply document the relevance of 38 cfr 3.156 c; if VA failed to apply 3.156 c, I agree its cue.  

It sounds like VA is trying to weasel out by arguing your "new evidence" was not "new service records".  So, show em they were, in fact, New service records, not "just" new evidence.  

[SgtKidJoe]

So, I received a IMO from Dr. Anaise. He tied my OSA to PTSD as a 2ndary condition. He also tied it 2ndary to SC  Sinusitis,  & 2ndary to SC Tinnitus. 

In contacting my VSO to file this NOD, the VSO said this would be a walk-in. I have tried 3x to do this via walk-in, but was given one excuse after another, so I am thinking about filing the NOD myself online. My hold up is, how do I  add the 2 other 2ndary conditions, or do they need to be a seperate filing once the existing claim and NOD are completed. The NOD would also include the   38 cfr 3.156 c reference tied to the new service record that was added. 

[SgtKidJoe]

I was able to get in with the VSO.

 

Going forward, the CPAP nexus from Dr. Anaise has been submitted under the new process as a supplementary Claim.  

[SgtKidJoe]

Update, VSO discussed w/ regional lawyer and wants to pursue CUE for the Rt foot wrong coding and back pay.

[Berta]

Good. If the code was wrong, to your detriment, in the past. it is a CUE-

If it is  however a 3.156 issue, as well, that is an additional way to go.

 

[SgtKidJoe]

CUE came back denied, I will attach the decision. So, I noticed they said "reopened", which to me says the EED should be changed. At this point, since they are sticking to the Plantar Fascitis, I will need to refile for Foot Arthritis And Pain according to Degenerative Arthritis (Diagnostic Code 5003). Any thoughts or advice?