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Retro pay after TDIU?


allansc2005

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Afternoon folks, hope everyone is safe and healthy.

Back in January, 2017 I was awarded TDIU P&T, got all the back pay, goodies such as no taxes on vehicles, dwelling...

 

In December of 2019, I filed a secondary claim of overactive bladder-OAB in connection with spinal issues for which I was already awarded SC, and was denied.

I asked for a higher level review due to the denial, was granted the review, was sent to a C&P exam for that same OAB claim, and got a call yesterday from the C&P doctor telling me he concurs that my OAB "is connected to my SC spinal conditions", and that he would tell the VA the same thing on the DBQ.

 

So, my question is: Will there be any back pay from the time I was denied SC for the OAB back in December, 2019?  FYI, I'm 90% Scheduler.

 

Thanks

 

Allan 2-2-0 HOOAH!

 

 

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NOPE. 100% TDIU or 100% scheduler are the same, but if a veteran can prove he/she should have been awarded an EARLIER EFFECTIVE DATE then they can request one per regulation 38 CFR 3.156 or to file a CUE claim or to reopen a claim with new/material/pertinent evidence.  

As we keep trying to share and explain, it is really up to the evidence in the veteran’s file. I filed a claim in 1998 and it was denied, and I then filed a NOD and the VA ignored it. I then reopen my claim around 2005 and the VA denied my claim again. I then filed a new NOD and the VA processed it and sent my claim to the BVA, where they remanded my claim back to the regional office and when the regional office denied my claim and returned it to the BVA, the BVA denied my claim forcing me to file an appeal with the CAVC. The CAVC remanded my claim back to the BVA where they granted my claim. Since then, the regional office increased my rating percentage but gave me a wrong effective date. I then filed a NOD requesting an EED and the regional office reduced my rating and gave me a new effective date where I filed another NOD back to the BVA where they not only forced the regional office to restore my increased rating, but the BVA recently granted me a 1998 effective date of my original claim. All of this has been going on since the regional office granted me a 100% scheduler rating. (The 1998 effective date was long after the regional office granted me my 100% rating).

So, it really depends on the evidence of records. The CAVC determined that I had enough evidence in my records to award me a direct service-connected rating even though the regional office sent me to five (5) in adequate C & P exams to establish my effective date. Since my 1998 grant I have been fighting the regional office in trying to get a correct rating percentage and now my claim is pending. Keep in mind that it is not only evidence of record if a veteran files a prior claim and can prove that he/she should have been granted an EED the veteran will most likely have to file an appeal and even may have to file an appeal to the BVA or the CAVC. 

We use the same regulations that the VA uses, and they have to follow their own regulations. My award just proved that there was enough evidence in my file to grant a 1998 effective date and it took my claim to have to go to the CAVC to remand my claim to the BVA where they actually granted my claim and now, I am going through the process of getting the correct rating percentage. 

Edited by pacmanx1
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@pacmanx1, my case has a little twist:

 

After the higher review officer went over my claim, I brought out some discrepancies from my last C&P exam which pertained to this case-the C&P exam before the one mentioned in my posts:

For the sake of keeping this simple, here is what the review officer and I agreed on:

1. The C&P doctor either overlooked or just plain lied on my DBQ about: 1. Checked the box "no" about any other conditions such as incontinence as it related to my SC spinal problems-that was a COMPLETE lie considering he never asked me about incontinence issues, AND my records show a LONG history of incontinence.

2. The C&P doctor checked the box "No" that asked if I used any prosthetics; I use a cane, took that cane into the office, AND I also use prescribed shoe inserts due to issues relating to spine problems, ALL of which are in my medical records.

 

Having discussed the above, and more, the review officer ordered a NEW C&P exam-discussed in my original post, and the NEW C&P doctor agreed that my incontinence WAS/IS caused by spinal issues!

That C&P doctor actually had the gonads to call me and tell me the above, which I happily thanked him!

 

Allan 2-2-0 HOOAH!

 

 

 

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13 minutes ago, allansc2005 said:

After the higher review officer went over my claim, I brought out some discrepancies from my last C&P exam which pertained to this case-the C&P exam before the one mentioned in my posts:

For the sake of keeping this simple, here is what the review officer and I agreed on:

1. The C&P doctor either overlooked or just plain lied on my DBQ about: 1. Checked the box "no" about any other conditions such as incontinence as it related to my SC spinal problems-that was a COMPLETE lie considering he never asked me about incontinence issues, AND my records show a LONG history of incontinence.

2. The C&P doctor checked the box "No" that asked if I used any prosthetics; I use a cane, took that cane into the office, AND I also use prescribed shoe inserts due to issues relating to spine problems, ALL of which are in my medical records.

 

Having discussed the above, and more, the review officer ordered a NEW C&P exam-discussed in my original post, and the NEW C&P doctor agreed that my incontinence WAS/IS caused by spinal issues!

That C&P doctor actually had the gonads to call me and tell me the above, which I happily thanked him!

Again, the first thing is to wait for a rating decision.  If you have any medical records showing/proving that you were treated for or had symptoms of OAB/incontinence than you can appeal the decision and ask for an EED. We also say that effective dates are complicated, but they still have to go by what is in your medical records and what you discuss with your medical providers. Even if the VA supplied you with any types of pads or underwear could help your claim for an EED.

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