Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    297%
    $4,468.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Claim won but only partial back payment, should I forget it?


rogus

Question

In an odd situation and don't know what avenue if any I should or can pursue. I originally filed in 1998 for PTSD and fought 4 years for against the VA. In 2002 I was awarded 100% (but not total and permanent and was in psychiatric ward twice that year). In 2004 the VA Claimed CUE (clear and unmistakable error) and severed my service connection in 2005. For the first 2 years a vet org helped me appeal and then just started ignoring my request for help. I was given the impression that my case wasn't winnable an they would no longer pursue it. I then spent a few years trying to defend myself but in 2010 I filed some paperwork late but continued on with the appeal process. Around 2013 I managed to find another VSO that would help me out and eventually (2015) I won my case, I was rated at 70% for my PTSD and with my IBSD rating that kicked it up to 80% and I was awarded T&P IU. However I was only back payed to 2011. Talked to the regional office and was told it was because I filed that paperwork late in 2010 but that I could appeal that. Now I have been in the psychiatric ward 6 times and still have thoughts of suicide on a regular basis. (Right now I'm on the VA "Hot List"  and am getting calls from VA social workers to make sure I'm ok.) Well after spending 10 years worrying about whether I and my family were going to make it and going into debt I was happy to just call it quits at that point and figured it was just the VA getting a last "boot in".

A couple of days ago I found a copy of the VBA Judges decision and actually read it thoroughly. This is a direct quote "Service connection for an acquired psychiatric disorder was previously denied, however, at the time of the last decision on this claim, some of the Veteran's service records were not in the claims file.They have since been obtained.  Under 38 C.F.R. § 3.156(c) (2014), if at any time after VA issues a decision on a claim, VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim.  Here, because relevant service treatment records have been received since
the last decision on this claim, and because there is no indication that VA previously would have been unable to obtain them because they did not exist or because the Veteran failed to provide sufficient information,
the claim must be reconsidered on the merits.  See id."

So the VA put me thru hell for 10 years for a mistake they made by mysteriously losing records from my file. Then I lost 5 years of back pay after I made a mistake - after having been put in a situation they created and I shouldn't have been in in the first place. Am I understanding this correctly or is my anger after finally realizing what happened clouding my view? If I am correct is there anything I can do about it? The VSO that helped me finally win this case told me that if I pursue this I will lose my T&P rating and possibly have to go thru another decade of their bs. I got to admit I'm afraid of even requesting records now simply because of the bs that the VA pulled over that 10 years am in no condition to go into another decade long fight with them. I can't hold a job because to much stress will cause me to have hallucinations (which is why I was in the psych ward twice in 2002 the last year I held a job). Not only that but I can't even try to raise a few bucks by selling my plasma because of the years I was overseas. My wife who quit her part time job in 2018 to look after me meets the VA's requirement as a Care Provider but because I served after Vietnam and before 9/11 she can't sign up for that program till Oct 2022. I don't know what to do or even if I can do anything? Plz send some advice my way.

Link to comment
Share on other sites

  • Answers 48
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts


  • 1
  • HadIt.com Elder

You might want to get a lawyer to help you with this.  There might be a lot of retro and this will interest the lawyers.  I think they owe you for the years between the time they severed you and the time they gave you 70% and TDIU.  What was the error they said was made when they severed your SC for PTSD.

Link to comment
Share on other sites

  • 0

Do you have a copy of the award letter that the VA severed your rating in 2005? Can you make a copy of it redact(black out all personal information name, SSN, claim number, address and post it to the board)?  Let it be known that if you file a reopen and or a CUE claim to try to get your benefits (an EED), the VA will fight you.  It may be that your claim will have to go to the BVA or even the CAVC. Since you are P & T, it is not likely you will lose those benefits. 

Link to comment
Share on other sites

  • 0

I will look for them. But I am not the best organizer in the world. May have to go to the vso on monday if they're open to get it. I give them a call in a minute. I am however worried that my anger is causing me to read into the judges comments something that isn't there.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By bionoce
      Has anyone ever tried the stellate ganglion block treatment for PTSD and how did you go about getting it through the VA? Pill medications and medical marijuana do not work for me and am looking for alternatives.
    • By FacingOdds
      Hello, I'm new here but have read through many posts. I posed this question under a different area not knowing there was a specific area for PTSD/MST cases. Anyway I put in several claims for increase & a new one for PTSD due to MST. I've had exams for everything but the PTSD. When I contacted the VA to inquire if I would be scheduled for one. They stated that reviewing chart records & other evidence no exam was needed. Has anyone had a good outcome without a C&P exam for PTSD? I'm currently at 50% for MDD & anxiety. However, recently VA doctors have said it's a misdiagnosis & changed it to PTSD. Any feedback would be helpful. Thanks 
    • By Fat
      Opened a Knee Claim (Laxity) in 2003 originally; however denied.
      Filed a Supplemental claim in 2019 citing CFR 156.C.
      Found a complaint of Knee (Looseness) in military medical records.
      The record wasn't used or listed in 2003 denial.
      Knee was approved in April 2020 at 10%.
      EED is December 6, 2019.
      If the EED is appealed and won( EED set at 2003).
      Will the 10% backpay go back to 2003 or does the 2003 EED have to show symptoms to justify 10% rating at that time.  
    • By Sgt. Wilky
      I had a C&P exam this morning that went two whole hours and then some, with a mental health professional via video conference from the Cheyenne VA. She was very nice and seemed to be thorough. She confirmed what I already knew, and that was that I had PTSD, for which I have been rated 50% since 2015. Anyway, I learned that although my symptoms have gotten worse, that since I struggled to keep my job of 18 years and having not been fired multiple times throughout my "career", and since I wasn't a complete turd to my employer and to their customers, and I rarely showed up late to work and since I didn't hassle my coworkers and behave inappropriately, and since I didn't get so angry that I hit my spouse or beat my kids (despite the fact I stated quite clearly [and my wife confirmed] that I've ruined my relationship with my oldest son), and since I can brush my teeth on my own that I "probably" wouldn't qualify for the 70% requested increase.
      So, I found out that if I had put my employer and my family through the proverbial wringer and I didn't cost them a bunch of money, and since that I haven't yet ruined my reputation in the neighborhood or at my church, and since that I was proactive to the point that the pain made it unbearable to work anymore, so I quit, rather than force them to fire me, I can't get the help that I need. I've been fighting the VA since 2008. I'm tired.
      Awesome.
      Sgt. Wilky
    • By Sgt. Wilky
      Good Afternoon All,
      I have a PTSD claim for increase tomorrow via video conference. I know that if you went in person, they wouldn't let your spouse or SO in with you. I'm wondering if anyone has had any experience with the video conference exam. My wife is going to be sitting next to me when the conference begins and it will be curious to see if they ask her to leave the room. I saw a video from Attorney Chris Attig that suggested it may be beneficial to an impending appeal (if the claim is denied), if the evidence of the record suggests or shows that the spouse was asked to wait outside and that the lay evidence is extremely important to the claim. At my C&P exam in 2015, they said I had to come alone, but I was granted at 50%.
      Sgt. Wilky
  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 17 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 18 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines