help Back Pay.....to 1969 !

[jka]

My Q will be....does the Gov't owe me back pay?  I've gone 50 years without anything.....now what?  

Here are the particulars.

I was medically put on the TDRL in 1969 at 30% for seizures due to a SC - TBI.  I was on the TDRL....and after about 2 years....receiving $70 a month from the DOD...not VA.  The Navy Capt's called me to Great Lakes for an Eval...they weren't Doc's.  It wasn't a CP as we know them. 

 They shortly after informed me...that my Seizures were over...and everything is fine and life will be okay !!   At that point, as a 20 year old confused sailor / working on my college degree.........I looked at the CDR and Capt...and said "okay".  I'm an E4....and saluted.

The 30% disability monthly then stopped ( like $75 or so ).  The Navy did have me sign a form....which I  read....from Brittany at the VA 800 number for the first time this week  12/03/2020.......That I was opting out of retirement pay.....to get VA disability comp.  ( The smart thing to do right ? )

I did get some follow up care at the Milwaukee and Madison, Wi. VA hospitals.....those once a year check ups.....required so that I could continue to get the seizure meds.

Fast forward to NOW.  In 2017 my Vet buddies said....go to the Madison VA for Health care.  I did....our VA could not be better.  it's in the top 8 national for care.

after applying.....all my clinic Doc's......cardio, sleep, psych....etc.....told me:  why haven't you applied for dis payments....You're rated at 30%"   Answer:  I was on the Dis list, did receive $$ for a few months...and the Navy and/or DOD.....stopped it.   

What's really PO'd my VA Drs.....is the lack of regard for a TBI back in '69.  There were no scans, no MRI's....no X-rays after the accident.  the NAVY ER dr's   USNH-GUAM.....after 20 minutes....said....hey, you're due to be on duty.....we have to let you go.  (  statement from Drs near exact )

And out the USNH I went and back to work.

I always knew I could go to the VA Hosp. here in Madison Wi, for help.  I did to keep the meds....but Thanks to my vet buddies in 2017...and my VSO:  I applied for TBI, seizures, migraines and depression.  The Depress was just added in September......that brought me up to 100 P/T.  (  I'm 66 ) 

NOW:  the VA today recognizes I've been 30% since 1968,  My Effective date on the last VA letter ( where I was rated is 30% effective 1968 )

Thanks for reading.  I have ZERO motives to get back pay......I just want my record straight.  Why'd the NAVY not inform me I could apply for VA care and Payments?   

Since I began this......The GOV'T  sent me my father's Med records......he's not with us but a Navy Capt. Who Ever is in charge of health records....needs a spanking !  LOL.    I don't have diabetes....my deceased Dad does.

Last Word:   The VA 1-800  peeps were jaw dropped ref the 30% being dropped amid continuing TBI related issues....that continue.  I'll repeat......out great VA here has helped me get to 100 T/P  as of 9/2020

 

 

 

 

 

 

 

 

 

[broncovet]

Maybe.  It would take a review of your file to know for sure.  Generally, your effective date is the later of "facts found" or date of application, but there is an exception if you apply within a year of exit from service. 

Unfortunately, no, its not the "US Navy's job" to instruct you on the intricacies of VA benefits.   

 Should you so elect, you can get information from a VSO (the validity of a VSO's advice is, however, another issue), or you could even go to law school if you so choose.  This has changed, somewhat, as new troops getting out are informed of benefits and services, at least for some to some degree.  At my VA, there is a special room for troops exiting from service, and my guess is the VA would refer you to a VSO should you indicate a desire to apply for VA compensation.  But, I can not say that, but why would VA have a special office in VAMC for troops exiting service, if there was no reason for it?  

 

"If" you are motivated to get back pay, it would certainly take serious effort on your part, I dont see the VA/DOD handing out retro checks like candy at a parade.  

Make no mistake:  Its gonna take substantial effort on your part to get back pay. 

We can help you fight for your benefits, but Im unable to motivate you as to why you should want to do so.  

While I was waiting on VA to process my benefits application, I became homeless, because it took VA about 4 years, and I could not afford to be without income and still keep my home.  

Losing my home motivated me to persue those back benefits, and, I did get my back benefits "even tho", many VSO's and VA employees suggested it would not happen.  Had I listened to them, and heeded their advice, I would not have my benefits now.  I cant help but think VSO's and VA employees are trained to tell Vets, "Naw, dont apply for benefits..you will be turned down".  

 

 

 

 

[pacmanx1]

13 hours ago, jka said:

NOW:  the VA today recognizes I've been 30% since 1968,  My Effective date on the last VA letter ( where I was rated is 30% effective 1968 )

Wait for your new decision letter. When you receive your decision letter it should list your payment history to include the Cola Adjustments ( Cost of Living Adjustments) for every year we received a cola increase. If it shows you were paid compensation that you never received, then you should ask for an audit of where the money went. Since you were 30%, VA pays additional benefits for veterans with dependents. You posted that VA acknowledged that your 30% effective date is 1968 then your new rating decision should have a breakdown of your compensation payments and the Cola increases we have had and the retro should be close to a nice five figure or greater paycheck/deposit $XX,XXX.00+. If that does not motivate you in getting your retro benefits, then nothing will. 

Hope the best 

[jka]

thanks for the replies.  when I got out....the Navy was to inform me that I could still get va compensation for the 30%.  I HAVE the Navy form stating that.....and a LTJG writing....serviceman not available. So I didn't know to seek comp.

the VA is looking into this as I stated earlier.  I've had a 30% rating since 1968.....confirmed in my recent decision letter getting to 100%....and I'm sure a few eyebrows will raised when the audit is done showing no Comp.   

[GBArmy]

jka Be careful on this; don't let them low ball you on back pay. As Brondovet and Pacmanx1 said, this isn't going to be a catwalk. Especially when you have to adjust each year for the new rates because of cost of living. Throw in dependents if during this period you used the VA and notified them that you had a family. You will have to use look up the 3o% rates for every year.  Let us know how you make out. Don't be surprised if you end up hving to get a lawyer to get the right amount.

[Tbird]

this may help you historical compensation rates https://hadit.com/va-disability-compensation-rates-historic-for-retro-calculation/

[GBArmy]

Tbird I knew it was someplace but I couldn't find the calculator!