Follow up Status: Legacy Claim Appeal Remanded for Gulf War Conditions

[GulfWarVet1990]

Please excuse if this is a duplicate. 

Follow up Status: Entitled to Backpay if Legacy Claim is Adjudicated and Veterans is Already 100% SC

I'm open to any insight and or shared experience. Thank you.  

Judge remanded conditions.  Ordered VA to do another C&P exam, stated the previous exam was inadequate. 

Conditions were lost in VA "black hole" for over 20 years, finally adjudicated after PACT.  

I have an exam on Monday, I will definitely attend, however, not sure what to expect. Just wondering if this process will affect my current rating - 100% P & T.  

I am a DS Vet, served in Southwest Asia during Persian Gulf War. The board noted in my summary "the Veteran is a Persian Gulf War Veteran and presumptive toxic exposure under 38 U.S.C. 1117 has been conceded." 

I read somewhere that "veterans with Chronic Fatigue Syndrome, especially those who were diagnosed long after leaving the military, are eligible under the law for Chronic Fatigue Syndrome Secondary to PTSD.

Two Remanded conditions -

Chronic Fatigue Syndrome (no formal diagnosis) as due to immunizations and as secondary to service-connected PTSD. (I am already 70% sc PTSD). 

Entitlement to service connection for fibromyalgia (no formal diagnosis), including multiple joint pains.

Current Adjudicated Rating SC 

• Sleep Apnea secondary to PTSD - 50
• PTSD - 70
• Chronic Sinusitis - 10
• Cancer Residuals - 30 
  • Neuropathy secondary to cancer treatments 
    • bilateral hands 30 right/30 left 
    • bilateral feet 20 right/20 left 
    • Painful surgical breast scar - 10
• Tinntis - 10
• Chronic Rhinitis - 0

[pacmanx1]

Since you are already rated 100% P & T and working, you can only get retroactive pay (money). This is if your effective date is before your current 100% P & T rating. The problem is even though the BVA granted your appeal, they remanded it to the regional office, and the regional office has to rate your percentage and assign an effective date. The regional office could assign you a 0% rating in which there would be no retroactive payment (money) and you win but you lose with no money coming your way. It could also be that with your new ratings the regional office could assign you an even earlier effective date, if your new rating boils down to you being awarded an earlier combined 100% rating.  

The VA did this to me and I had to file a new appeal. I was granted a 50% rating after my 100% P & T rating which amounted to absolutely no money in retroactive pay. When I filed my appeal, the BVA granted me an unadjudicated award going back to my original date of claim and I won my earlier effective dates.

[GulfWarVet1990]

Thanks pacmanx1