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Will The Va Pay Back Pay If It Is Over Twenty Years Of Back Pay


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28 replies to this topic

#1 crowell98335

 
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Posted 19 April 2011 - 05:39 AM

I Was in the US Army from June 1979 to April 1989 got to the rank of Sgt(P) when i was hit with a AR 15 and depromonted to SP4/E-4 then was told I have some thing was worng with me i was acting diffent (Ten years later i will fine out it was schizophrenic/PTSD was with me) my MOS was 96b10(that is Milltary Intelligence Anallyst to you who dont know it) at the time of my ETS i have three gcm, two arcom in told i could wear a three row of three I was with the 2nd Bn of the 502nd Inf AASLT of the101ST ABN AASLT most of my time in. I had a TS SBIG with a SCI clearance and the last nine months of my time in I was on KP they didnt know what to do with me.

Now you know about me here is my question is if i do get the holly thing of iu at 100%( I am at 30% for my ankles) will the VA back date the pay ie reto the 100% to Feb 09, 1990 when I first put in my claim in and been having a open claim from then on that is over twenty years of back pay ie over $600,000.00 dolars if so that with them mis the pay they all ready gave me inclued? And will I need a payee? If so can it be my wife who been with me from Sept 1979? If not why so? And if they pay for dep will they ie VA pay for my wife even if she is the main bread winner now and my four dau I have also even if they are now over twenty years old?


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#2 pete992

 
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Posted 19 April 2011 - 06:07 AM

Not knowing all the particulars to your situation,

In order for you to get 20 years back pay; you must have had a diagnosis of schizophrenic/PTSD 20 years ago and you filed a claim for it and it was never rated or VA made an error in their decision. Keep in mind that you will now have to have a current diagnosis, an in-service diagnosis or a diagnosis within one year of your separation and a nexus statement (medical opinion) that these conditions are related or are the same. It is most likely that VA will only back pay you to when you filed your most recent claim for schizophrenic/PTSD/TDIU. It is possible but not likely that you have had an open claim for 20 years
. Thank you for serving our country.


P. S. This means absolutely nothing to the VA for your service connection, they do not care. "at the time of my ETS i have three gcm, two arcom in told i could wear a three row of three I was with the 2nd Bn of the 502nd Inf AASLT of the101ST ABN AASLT most of my time in. I had a TS SBIG with a SCI clearance and the last nine months of my time in I was on KP they didnt know what to do with me".



Edited by pete992, 19 April 2011 - 06:11 AM.


#3 jbasser

 
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Posted 19 April 2011 - 06:10 AM

If you filed a claim that was never decided in 1990 that should be your effective date.
That is an odd one. You need to find the regs that were in effect in 1990 as the VA rates claims that old according to the regs in effect at the time.

At 100 percent the VA pays for the spouse and children provided the kids.
Also an interesting factor is the 20 year protection rule. If you are awarded a claim that old it should alrelady be in protected status meaning the SC cannot be severed except in the event of fraud.

J

#4 broncovet

 
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Posted 19 April 2011 - 06:40 AM

I agree that, based on what you posted, you have an "open" claim, and, if awarded, you can file an EED for retro back to 1990.

However, grab your popcorn for "Rocky VII" because you are in for the fight of your life. Start training at the gym now, because its likely gonna take ten years. Expect the VA to delay this until you die. It is a virtual certainty this wont be approved by a rating specialist at the RO level. BVA is minimum, and I am really thinking it will take CAVC or above to get this effective date. The VA is famous for fighting these tooth and nail....they dont pass out 600,000 checks at parades to children who scramble for the goodies. Most Vets give up or pass away first. Dont be one of them.

#5 Philip Rogers

 
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Posted 19 April 2011 - 07:37 AM

I'd have to see your actual claim and any awards/denials, since then, to even make an educated guess. The court ruled, a while back, that claims not mentioned, in a decision letter, are to be considered denied, even tho not mentioned, or something like that. Not sure if that would include your claim.

pr



I Was in the US Army from June 1979 to April 1989 got to the rank of Sgt(P) when i was hit with a AR 15 and depromonted to SP4/E-4 then was told I have some thing was worng with me i was acting diffent (Ten years later i will fine out it was schizophrenic/PTSD was with me) my MOS was 96b10(that is Milltary Intelligence Anallyst to you who dont know it) at the time of my ETS i have three gcm, two arcom in told i could wear a three row of three I was with the 2nd Bn of the 502nd Inf AASLT of the101ST ABN AASLT most of my time in. I had a TS SBIG with a SCI clearance and the last nine months of my time in I was on KP they didnt know what to do with me.

Now you know about me here is my question is if i do get the holly thing of iu at 100%( I am at 30% for my ankles) will the VA back date the pay ie reto the 100% to Feb 09, 1990 when I first put in my claim in and been having a open claim from then on that is over twenty years of back pay ie over $600,000.00 dolars if so that with them mis the pay they all ready gave me inclued? And will I need a payee? If so can it be my wife who been with me from Sept 1979? If not why so? And if they pay for dep will they ie VA pay for my wife even if she is the main bread winner now and my four dau I have also even if they are now over twenty years old?



#6 Berta

 
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Posted 19 April 2011 - 08:04 AM

I see here an ankle claim was filed and awarded.

When did you formally file for schizophrenic/PTSD?

#7 crowell98335

 
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Posted 19 April 2011 - 08:09 AM

that was the first thing my wife and mom did back in Feb 1990 when I try to walk off a brige that is over a hundred ft tall

#8 john999

 
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Posted 19 April 2011 - 09:18 AM

I have a CUE claim that involves a claim that goes back to 1971. If I was you I would hire a lawyer for this claim of yours since the VA is going to be hostile to paying you 100% or IU back to 1990. If you claim was never adjudicated and is still open I still think you need a real pro on your side. There is just so much money at stake the VA is going to drag you to the BVA and beyond. What kind of discharge did you get? If you filed in 1990 for schizophrenia do you have a copy of the claim you filed? Is it in your C-file. I would concentrate for now on getting TDIU for schizophrenia/PTSD and then worry about the effective date. You must show that the VA did not deny your claim and that it fell through the cracks. It can happen. Scan the decision to this board if you can like Phil and others say so we can look at it.

#9 carlie

 
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Posted 19 April 2011 - 09:20 AM

that was the first thing my wife and mom did back in Feb 1990 when I try to walk off a brige that is over a hundred ft tall


Hopefully you have a date stamped copy of your claim for mental health
that is signed by you - not signed by your wife or mom.

Also, what exactly in stated on your Rating Decision that granted
30% SC for you ankle.
Everything but personal info like name, claim number, address, SSA #, etc...

#10 crowell98335

 
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Posted 19 April 2011 - 10:08 AM

News Flash they have my claim at the rating desk been ther from March 3rd 2011 it just taking 254 months to get there WOW lol



#11 evandc

 
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Posted 19 April 2011 - 10:18 AM

You have not worked since 1990? Is that correct? You are getting expert advice, but I'm hung on the not worked since 1990 & you are only 30%. What did I miss?

Good Luck,

Don

#12 crowell98335

 
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Posted 19 April 2011 - 10:27 AM

you are right have not work from Jan 1990 been marry from Sept from 1979 to my wife who is the bread winner from April 1990 I will get $673,280.00 dollars been on SSDI from 1994

#13 john999

 
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Posted 19 April 2011 - 11:12 AM

Who told you you are getting 673,000 bucks? Did you recently re-file for mental condition? I am missing something. Who told you the VA is adjudicating the original 1990 claim?

#14 crowell98335

 
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Posted 19 April 2011 - 11:22 AM

My VSO called and told me my claim is at the rateing board for the second signatury and said it the 1990 claim I been waitting for

#15 hawkfire27

 
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Posted 19 April 2011 - 11:29 AM

Hey there, crowell

I would not get my heart set on getting all this money if I were you, it may come but there is a lot of stuff to do before it is even possible. You may not even get 100% even if you do get an award, and it may take years.

Not trying to be a downer but I would hate for you to be disappointed.

Do you have your service medical records? Do they show any Mental Health treatment in service? If they do your going to have a much easier time getting compensation from the VA. If not, you need extensive records and a VA doctor to diagnose and show treatment for your PTSD. You will probably be unable to get service connection for schizophrenia unless your service medical records show it developing while in service. So you need to do some research on the PTSD claim filing. There is plenty of info here on hadit about it.

Also, PTSD is not like an agent orange claim where the retro goes back to the first claim date automatically. You would most likely just need to establish service connection now and wait for an award, and then apply for an earlier effective date back to 1990. But they won't just automatically go back to april 1990 until they have established your rating or service connection.

Having schizophrenia may also hurt a claim for PTSD, they may trying to pin any PTSD symptoms on the schizophrenia, so I would start getting all your treatment records together and make sure you are being treated at a VA medical facility for these conditions to create records if you don;t already have them.



you are right have not work from Jan 1990 been marry from Sept from 1979 to my wife who is the bread winner from April 1990 I will get $673,280.00 dollars been on SSDI from 1994



#16 yulooking

 
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Posted 25 April 2011 - 07:45 PM

as most have said here if the va owe there going to take you and run you around to the end.

but if you have proof of a claim va missed you can win. i did a cue of my intail rating from services. gets to bva stated that my claim has been in appeal status

say my appeal has been pending since 1993 even open and informal iu claim from 1993 i thought wow great. i was granted both issues 2001 so should now be effective 1993 alot of retro.

i been 2yrs since bva has made the decision and the informal iu claim was remaned been at amc for 2 yrs and bva or amc will not answer why both are not effective 1993 now.

now part is at the court and part is at amc and part now is going back to bva. and i just did a cue of a 1993 decision soon as it was found that it has been pending from 1993 all this started.

so i say all this. to show even when va mess up with a claim and they owe they will run you around and hope you miss a deadline to end your claim.

#17 Josephine

 
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Posted 25 April 2011 - 09:20 PM



Yes, a fight for your life you will have. I have been there.

I believe you posted you were acting strange in service.

Is this in your Military Medical Records and were you on meds

for a mental conditon in service?

If so, do you have these records.

You filed for a mental condition in 1990? What mental conditon did you file for?

I know I filed for nervousness, but re-opened the earlier claim under anxiety.

In the end, the words came out to mean the same by the BVA Judge.

I sent all of my post medical records and military records to a Forsenic Psychiatrist

for his review, but did go to see him after he studied them for about 3 weeks.

I was treated for a nervous conditon, or personality disorder in service with Librium and discharged for what they called

a "Personality Disorder".

This Psychiatrist was able to review all my medical records, which I had for 40 years and

was able to state what the military called a "Personality Disorder", was in fact the beginning of my Anxiety.

I was awarded 100% for "Chronic Anxiety P&T in 2008 and 100% in 2005, but was awarded by the BVA Judge

retro to 1992.

I sure hope this helps you some.

This was an extremely hard claim to receive and was only accomplished with all the help of each and every member of Hadit.

Always,

Josephine

#18 Commander Bob

 
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Posted 27 April 2011 - 07:47 AM

...

... here is my question is if i do get the holly thing of iu at 100%( I am at 30% for my ankles) will the VA back date the pay ie reto the 100% to Feb 09, 1990 when I first put in my claim in and been having a open claim from then on that is over twenty years of back pay ie over $600,000.00 dolars if so that with them mis the pay they all ready gave me inclued? And will I need a payee? If so can it be my wife who been with me from Sept 1979? If not why so? And if they pay for dep will they ie VA pay for my wife even if she is the main bread winner now and my four dau I have also even if they are now over twenty years old?



???? ... Did you ever receive a "letter of denial" for the PTSD after the 1990 incident?

#19 crowell98335

 
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Posted 02 May 2011 - 03:27 AM

yes i did but i keep the thing going by reflieing with new stuff

#20 crowell98335

 
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Posted 02 May 2011 - 03:41 AM

but i was told the VA don't think my mental condition is done by the Army but i had it before I went it in that was there reson befor for the delay. Now my qustion is I been waitting from April 19 to now for that second signatury from one person my file has been at the on that person desk from March 03, 2011 How long I have wait intill I get that second signatury?

#21 Testvet

 
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Posted 07 May 2011 - 03:13 PM

the VA has no time limits and it can still be reviewed and sent back not to bust your bubble but even denials have to be "approved" I would not be looking at new houses or new cars or pickups anytime in the near future nothing with the VA is guaranteed and believe nothing until the money is deposited I like things in writing and have never trusted anything anyone ever told me from the govt and I have really learned to trust them after I get the money

good luck but something tells me you still have a lot of fight before you see a check for 673,000 dollars from the VA

#22 john999

 
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Posted 07 May 2011 - 04:36 PM

Your claim for TDIU has been in appeals for 20 years? Well, if it has been open and in appeals you can't file a CUE. When is the last time you sent in evidence of being unemployable? Have you been unemployed for the last 20 years? Do you get SSD? If you get a denial this time or low ball you better hire a good lawyer. The VA won't turn over 600,000 bucks without a fight. I know some Nehmer vets have got huge amounts but that does not include a 20 year old TDIU claim. Where has it been for the last 20 years? Has it just sat at the VARO?

#23 carlie

 
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Posted 07 May 2011 - 05:03 PM

yes i did but i keep the thing going by reflieing with new stuff


crow,
"reflieing with new stuff" is probably going to bring in
different effective dates.
If you are LUCKY - you may end up with some staged ratings.
I would also agree to NOT BANK ON $600K.

JMHO

#24 john999

 
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Posted 07 May 2011 - 07:52 PM

Yes, you have a claim on appeal for five years and then send in one piece of new evidence and they grant your appeal and base the effective date on the day they got the new evidence. They did this to me. My claim was on appeal since 1997 and I won after going to the BVA and getting a remand and then being denied again. I sent in one more piece of evidence after all that and I won a higher rating with ED as of 2001. The thing was on appeal for five years with trips up the line to the BVA and back. The VA is sneaky.

#25 Pete53

 
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Posted 08 May 2011 - 08:19 AM

Yes, you have a claim on appeal for five years and then send in one piece of new evidence and they grant your appeal and base the effective date on the day they got the new evidence. They did this to me. My claim was on appeal since 1997 and I won after going to the BVA and getting a remand and then being denied again. I sent in one more piece of evidence after all that and I won a higher rating with ED as of 2001. The thing was on appeal for five years with trips up the line to the BVA and back. The VA is sneaky.



Sneaky Bastards

#26 Lamont

 
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Posted 17 July 2012 - 03:07 PM

News Flash they have my claim at the rating desk been ther from March 3rd 2011 it just taking 254 months to get there WOW lol

See how fast that was.... Only 120 months left. I hate to say this, but I feel like they rather for me to die than get my claim paid.

#27 Lamont

 
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Posted 17 July 2012 - 03:16 PM

I believe this can't be answered by anyone here, unless we see the claim. I don't believe you are giving us the full story. VA can't keep your claim in review for 20 years and not submit to you a decision. There has to be legal action that you can take if that was to happen. I believe you should add compulsive liar to your claim. That would be an instant approval for you. Don't bank on $638k. You better off robbing Bill Gates or Oprah.

#28 carlie

 
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Posted 17 July 2012 - 03:17 PM

Old topic thread - now being closed.

#29 Lamont

 
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Posted 17 July 2012 - 03:17 PM

What was the outcome?




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