burn pit Retroactive Pay - Following new legislation for Presumptive Conditions

[GulfWarVet1990]

Good evening, please excuse if I am posting on the wrong forum. 

In 2003 VA denied my claim for chronic sinusitis, re: environmental hazard conditions/burn pit during my deployment in theatre, Southwest Asia during the Gulf War.

Post new legislation re: VA recognizing Presumptive Conditions for Burn Pit Exposure, I resubmitted a supplemental claim. 

I was granted 10% for chronic sinusitis.  Effective 9/20/21

Am I eligible for retroactive pay as far back 2003 due to the new legislation?

I submitted a HLR late November 2021, as expected no action to date. 

Has anyone experienced this or have guidance on back pay.  

Thank you for your time. 

 

 

Edited February 3, 2022 by GulfWarVet1990
typo

[Carl the Engineer]

Winner, winner, chicken dinner,

I will have to look see, what I have in my records,

Hamslice

 

[GulfWarVet1990]

@Hamslicethank you

@Berta Excellent advice. 

[pacmanx1]

Congratulations!

Every success story gives the rest of us hope.

[ArNG11]

Sweet. Encouraging news and outcome. Congrats GulfWarVet1990.  

[Rattler]

On 2/5/2022 at 6:23 AM, Berta said:

 

I am not familiar with the VA claims Insider -I hope their assessment of that 10 year criteria is correct and it probably is.

 

 

I am familiar with the VA claims Inside.  This is a word of warning please take notice of there below fees. They show up under different names porting to have helped over 4,000 veterans in the few years that hey have been around. In there initial offering to vets  was "VA Claims Insider Elite!"  I can not stress this enough.  1. They are NOT VSO's. 2. They are not ACCREADED by the VA. Below is an out take from one of there contracts where they want you to sign over your future benefits.  They have changed some of this to a pay for service on one of the other web sites. (You Pay up front)

"Services
VA Claims Insider, LLC is a service-disabled veteran owned medical consulting firm,
and our mission is simple: Veterans helping Veterans get the VA disability rating and
compensation they deserve.

We fulfill our mission by offering veterans a suite of digital products and services, to
include DBQ reviews and medical nexus opinions from our network of private medical
providers.

We operate a membership-based business with two-programs: (1) Mastery and (2) Elite.
Mastery is a self-paced online course intended for informational purposes only. Elite is
our premier medical consulting program intended to help veterans connect with qualified
medical professionals for DBQ reviews and medical nexus opinions.

VA Claims Insider, LLC does NOT represent veterans before the VA or BVA in
connection with any claim for VA disability benefits, EVER, nor do we operate as
accredited VA claim agents.

Furthermore, VA Claims Insider, LLC does NOT prepare or file VA disability claims for
veterans. You shall prepare and file your own claim or work with an accredited VA
claims agent, many of which offer services for FREE. Veterans may search and find
Accredited Attorneys, Claims Agents, or VSO Representatives by clicking HERE.

There are completley FREE resources available to assist veterans in the preparation,
presentation, and prosecution of VA disability claims before the Department of Veterans
Affairs. Veterans may search for and appoint an accredited VSO by clicking HERE.
VA Claims Insider, LLC can terminate our medical consulting agreement with the client
for any reason including:

1. The client fails to comply with our instructions or terms and conditions in any
manner.

2. We feel the client is acting in an illegal, immoral, or unethical manner in an attempt to
defraud the Department of Veteran Affairs.

3. The client fails to make timely payments upon services rendered.

i) Payment Terms

We never charge up front fees for our medical consulting services, to include DBQs or
medical nexus opinions. The private medical providers in our referral network, however,
do charge $100 per Disability Benefit Questionnaire (DBQ) review, and $200 per
medical nexus letter. The independent psychological evaluation with a U.S. board
certified psychologist is $395. There is a one-time, non-refundable medical records
review fee of $100 for DBQ reviews and medical nexus letters. Please note: NONE of
these medical consulting services are required, and you as the veteran may obtain DBQs
and medical nexus letters from your own medical providers for FREE.

If you do receive an increase in your monthly VA disability benefits, our medical
consulting agreement and privacy policy stipulates our standard fee of 6x the monthly
increase, payable one time, either lump sum at a 10% discount or over 12 months at no
interest. For example, if the veterans rating before utilizing our services is 50% at $1,000
per month, and the veterans rating after utilizing our services is 90% at $2,000 per
month, the veteran would owe VA Claims Insider 6x the monthly increase, or
$2,000-$1,000 = $1,000 x 6 = $6,000. In this example, if the lump sum option is
selected, the total owed woud be $6,000-$600 (10% discount) = $5,400. In this example,
if the monthly payment plan is selected, the total owed would be $6,000/12 months =
$500 per month at no interest.

After services have been rendered by VA Claims Insider, LLC there are no refunds. We
never send an invoice until after you have received an increase in your VA disability
benefits."

[Gulfvet45]

On 2/2/2022 at 11:05 PM, GulfWarVet1990 said:

Good evening, please excuse if I am posting on the wrong forum. 

In 2003 VA denied my claim for chronic sinusitis, re: environmental hazard conditions/burn pit during my deployment in theatre, Southwest Asia during the Gulf War.

Post new legislation re: VA recognizing Presumptive Conditions for Burn Pit Exposure, I resubmitted a supplemental claim. 

I was granted 10% for chronic sinusitis.  Effective 9/20/21

Am I eligible for retroactive pay as far back 2003 due to the new legislation?

I submitted a HLR late November 2021, as expected no action to date. 

Has anyone experienced this or have guidance on back pay.  

Thank you for your time. 

 

 

No, you are not able to get the benefits paid back to 2003 due to the change in the law in August 2021.  You will get the effective date of the claim what is open or reopened after the law came into effect.