Will I actually get compensation back to the original date I filed a claim approx 25 years ago?

[Wanderer]

Last year I was awarded 30% for asthma. This is the first time I received a benefit from the VA. I claimed bipolar also and I just noticed that eBenefits said my old bipolar claim (this was my third attempt) was reopened, however, it also said that does not mean you will be able to be compensated that far back. 

 

But I just got this quote off your vets law blog:
"If you reopen a previously denied claim by submitting New and Material Evidence, and you  win the reopened VA Disability claim based on military records, military service records, or military medical records that were previously unavailable to the VA or that the VA neglected to get in the prior claim, you can use the effective date rule in 38 CFR 3.156(c) to get an effective date of your original VA Disability claim date."

I met with the C&P examiner Nov 1 and afterwards he told me he would report I definitely had bipolar in the service. eBenefits says it is in Prep for decision. I ordered the 30 day Ramp a couple days ago. 
Does his examination count as New and Material Evidence? If so, and they go back that far, then I'm astounded.

[Wanderer]

5 hours ago, Berta said:

 

 

 

Berta,
I am Navy, too and my first Capt's Mast was absolutely due to my mood swings and lapse of judgment. It's like you have possession of my personnel record, lol. I may be able to use that fact. I'm former HM2.

Plus a year before that I was stationed in San Diego. I saw one of my doctors in the clinic he and I worked at for my headaches, brought on by sleep deprivation from a newborn's arrival, which was the beginning of my cycling moods. And throughout the months I worked there he would always comment when he saw me depressed. Letting me know he knew despite my denials. I often wondered if he could testify. Don't know if he' still alive. I actually did call his wife once from the Yellow Pages but didn't pursue it any further.

 

Right now, I'm in a fix. I was in homeless shelters for vets last year because sleep apnea damaged my brain, asthma contributed, I'm sure, but the VA says otherwise. My memory, confusion, and agitation have disabled me. Last day I worked was Sept 2, 2017.

Last January/February both SSDI and VA awards (30% for asthma) were granted. But my brain injury hasn't recovered. It usually takes a year of CPAP therapy for the cognitive abilities to fully heal. And I could only tolerate CPAP for 4 months, so I'm still having dementia like symptoms. I know the asthma made my oxygen deprivation worse, plus I just happened to move to the Rockies at 9200 ft elev.

When I submitted the successful claim around November last year I included bipolar/ adhd. That's how I got the C&P exam I mentioned above. 

I just got an eviction notice in the apartment SSVF helped me lease because my decision-making ability is disabled (a common symptom of brain injury). SSVF released me twice now. But my brain fog and all still reigns. I'm having major problems getting myself to go alone to the VA again for help. I'm hoping a friend can spare the time. I think I need HUDVASH, or for SSVF to take me back again. 

Sorry, got off topic.

 

There's a lot of jargon and acronyms here that confuse me (imagine that?), also.

[Berta]

"Last year I was awarded 30% for asthma. This is the first time I received a benefit from the VA. I claimed bipolar also and I just noticed that eBenefits said my old bipolar claim (this was my third attempt) was reopened, however, it also said that does not mean you will be able to be compensated that far back. "

When did they deny the initial bipolar claim?

Do you have any way to scan and attach their denial?

Cover your C file name, address ,prior to scanning it.

We have an acronym list here- I will try to find it for you---

"It's like you have possession of my personnel record, lol"

Do You have copies of your complete SMRs and 201 NAV ( Personnel file)?

My friend's initial episode was on board  ship and he was thrown into the brig-a few days after he realized what he had done- he had been shouting orders to the other sailors  orders and said he was an Admiral-

this was long ago and the Navy ( probably not even the VA,) did not have a clue on what bipolar is, then..

My husband and I were friends of his and I witnessed many episodes of his depression and then flights of exuberance, in his behavor and his bipolar diagnosis was consistent with his symptoms.And VA was aware of his SSDI award solely for bipolar.

 

"Last January/February both SSDI and VA awards (30% for asthma) were granted. But my brain injury hasn't recovered. It usually takes a year of CPAP therapy for the cognitive abilities to fully heal. And I could only tolerate CPAP for 4 months, so I'm still having dementia like symptoms. I know the asthma made my oxygen deprivation worse, plus I just happened to move to the Rockies at 9200 ft elev."

What disabilities did  that SSDI award cover?

Do you have medical evidence that the SC asthma caused any other disabiity?

If the SSDI award was solely for your SC asthma, and VA had knowledge of that award, from you,they should have awarded TDiU or 100 %.

 

 

 

[Berta]

https://www.hadit.com/va-claims-glossary-definitions-abbreviations-terms/

That list has the acronyms we use- I hope it helps.

 

 

[Wanderer]

My SSDI was because of the brain damage, I assume. It was definitely not for asthma. They don't list a specific diagnosis. SOAR social worker helped me do all the paperwork. (God, I wish I could have my own social worker to help me coordinate all this. It's getting complicated). I'm gonna need a kickass lawyer soon but will he want fees upfront? I'm broke. They don't do contingency (a percentage of the award), do they?

 

I think my first claim for bipolar was around 1989. I served 1980 to 1983. Then I attempted two more (maybe one) until last year when they reopened one of the bipolar claims.

 

I don't know exactly what scan and attach mean. Is there a way I can access the records the VA is considering or possesses?

 

I have no copies of SMR or NAV. Don't know what they are. I have to print that glossary out.

 

Hmm, my Captain's Mast wasn't that blatant. It was for behavioral problems that indicate the lapse of judgement bipolar symptom.

 

How can I find out my SSDI diagnosis? It's nowhere on the official benefit letter.

 

I WISH I had evidence linking asthma to sleep apnea because yes, the TDiU or 100%. I have to do more research. Been yearning for that for a year.

 

Thank you for your support, Berta. This group is exactly what I've been searching for.

 

PS.   The US Treasury is also garnishing my disability because I couldn't do the paperwork properly to dispute the charges or claim. The financial hardship is making my chaotic world worse. Which is a big reason for my financial trouble, aside from decision-making problems. I do need a disability lawyer.

[broncovet]

I agree you need a lawyer.  Given the issues you posted, I dont recommend you go this alone.  YES, virtually all Veterans lawyers will represent you without "up front" costs.  You may even be able to get a pro bono (no cost to you) lawyer.  Given your homelessness, and other issues, I do not suggest you delay getting a lawyer.    Here are a few places to find an experienced Veterans lawyer who will represent you without "up front" costs:

Chris Attig:  If you have had a recent BVA denial: https://www.attigsteel.com/

CCK law:  https://cck-law.com/ . A very large, reputable Vets law firm. 

Hill and Ponton:  https://www.hillandponton.com/ .  Matthew Hill has posted here on hadit.  

Ken Carpenter . Carpenter chartered:  https://www.vetadvocates.org/users/kenneth-carpenter . Ken Carpenter may be the VERY best winning millions for Vets.  

Alex Graham is an extremely gifted non attorney representative:

https://asknod.org/email-asknod-2/

NVLSP may help you:  https://www.nvlsp.org/ . NVLSP "wrote the book" (literally) on Veterans law.  Bart Stichman authored the Veterans Benefit Manual, in part.  

If none of the above work out, pick from ones on this list:

https://www.vetadvocates.org/cpages/sustaining-members-directory

There are around 25 million Veterans, but just a few hundred lawyers who are experienced represting Veterans at the VA.  So, dont be suprised if one or more of these turn you down, they are often extremely busy and can not take new clients.  

This is especially true for the top law firms I mentioned, above.  Vets who have won benefits, like myself, are those who have persisted year after year until they win.  Giving up, even when it looks bad, is not an option.  

 

 

Edited January 10, 2019 by broncovet

[Wanderer]

Thank you, Broncovet. Perfect practical information!