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Back pay boondoggle

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El Train

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Long story short.  I claimed scars in 1993 when I exited military.  Denied, couldn't find records. Denial letter states 'if we find your records we may reconsider'. Fast forward to to 2017.  Found my records in storage, filed again for scars.  Got 10%.  Filed an NOD and got an outside IME.  Had another VA C&P that turned out great in my favor.  80% overall for scars.  Hired a law firm to get back pay from 93.  They granted the retro at the original 10% and not the increased 80%.  Go figure.  They aren't gonna give that 80% back to 1993 easily I guess.  The fight continues.  I'll keep everyone posted.

The fact they backdated states they agree it should be granted I suppose.

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14 hours ago, Buck52 said:

You might want to check with Hadit Mod & Member broncovet   he is pretty good with these EED's and the regulations to win them.

Do you mean you got an increase for the scars? from 10% to 80%???

I don't think I understand that?..unless you have a combined rating to reach the 80%for another S.C. Condition? Injury or Diseases?

It got increased from 10% to 80% (all scarring related).  The VA lowballed me the first go round.  They excluded underlying tissue damage, scarring that is painful, and the area in which the scars cover.  It's been like this since being in the military.  It never got worse or improved since getting out.  

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Congrats.......

If you kept the appeal going, you are in great shape.

If you let the appeal stop and the reopened the claim, it will be tough.

A friend of mine has a rod in his femur.

He was hurt during basic training and subsequentially discharged.

He gets 0% percent for the femur and has given up on the process.

He has a scar at least 7 to 8 inches long.

I see service connection for scar and arthritis.

 

 

 

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  • HadIt.com Elder

Fat He probably can get at least a 0% rating; the rating criteria for scarring has some additional symptoms which are considered. Not only how long, but total area of surface; does it have an appearance that it isn't completely healed; sore/painful to the toutch, etc. Arthritis, defineately, if he has symptoms for it. Also, movement of the leg ex. flexon. Issues with his walking (gate); back issues, hip issues. You are right. Get him to submit for anything he has a problem with. As he gets older, he may develope some additional secondary conditions so establishing even 0% disabilities can be helpful. In fact, if he were to get a second 0% rating, if he got an IMO that they have an impact on his ability to work, he could convert the two 0% disabilities into a 10% rating. Hey, $140.00 a month tax free can help with the family budget for sure.

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