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Good But Somewhat Puzzling Info From My Ro About Protected Rating.


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8 replies to this topic

#1 PainterBK

 
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Posted 15 August 2012 - 02:33 PM

I received an answer today to a question I sent to my RO regarding the status of my rating being
protected. I had a 50% rating that was in effect since 1976, which I didn't know I had. I never received
compensation for it. I applied for benifits in July 2011. I had a C&P for same condition in May 2012.
I was rated 70% for same condition & awarded retro back to July 2011. The answer to my question
about my rating was that the 50% is protected & no further exams will be scheduled for the 70% rating.
How could my 50% rating be in effect & protected according to them since 1976, yet they don't owe me
compensation back to 1976. Very puzzling.

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#2 StreetWalker

 
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Posted 15 August 2012 - 05:18 PM

That's a puzzle for sure. Where did those checks go?

#3 PainterBK

 
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Posted 15 August 2012 - 05:51 PM

That's a puzzle for sure. Where did those checks go?

I was medically discharged by the Army, my disability lowered to 10% & paid severance in 1977. I never knew
I was rated by the VA. I found out by accident 2 years ago when my wife lost her job & i applied for VA medical.
The RO claimed I didn't show up for a C&P in Aug 1977. I never had any contact with the VA at all until I went
there seeking medical treatment 2 years ago. They had 1 copy of no show exam in my cfile, but no other paperwork.
There is absolutely no paperwork of notices to reduce or sever service connection in my file. My thought is if it is a protected
rating then why is it not eligible for retro compensation.
Thanks for your time StreetWalker

#4 Berta

 
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Posted 16 August 2012 - 06:34 AM

"The answer to my question
about my rating was that the 50% is protected & no further exams will be scheduled for the 70% rating.
How could my 50% rating be in effect & protected according to them since 1976, yet they don't owe me
compensation back to 1976. Very puzzling. "

But you stated:
"The RO claimed I didn't show up for a C&P in Aug 1977. I never had any contact with the VA at all until I went
there seeking medical treatment 2 years ago"

I don't see how the VA would rate anyone without a C & P exam unless they had significant recent other medical evidence to rate.

I suggest you get a vet rep to go over your C file.

"I had a 50% rating that was in effect since 1976, which I didn't know I had. I never received
compensation for it."

Is this something you were told over the 800 # or in an IRIS?

Those entitites are not always dependable.

#5 broncovet

 
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Posted 16 August 2012 - 06:48 AM

I think you should get to the bottom of this. It is certainly possible, the VA owes you this retro...for whatever reason (glitch, snafu, etc) you were "rated" but not receiving benefits. I have seen this at least one other time.

Remember the Va's records are not all that complete or reliable due to shredding/and or losing.

I would start by asking for a copy of your rating decisions and cfile if you have one.

Be your own "private eye" and investigate this. If the VA made a mistake, and you got rated but your money never showed, then you can start the long frustrating process to get the money due you. It may well take a lawyer.

#6 PainterBK

 
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Posted 16 August 2012 - 03:54 PM

I think you should get to the bottom of this. It is certainly possible, the VA owes you this retro...for whatever reason (glitch, snafu, etc) you were "rated" but not receiving benefits. I have seen this at least one other time.

Remember the Va's records are not all that complete or reliable due to shredding/and or losing.

I would start by asking for a copy of your rating decisions and cfile if you have one.

Be your own "private eye" and investigate this. If the VA made a mistake, and you got rated but your money never showed, then you can start the long frustrating process to get the money due you. It may well take a lawyer.

Thanks for taking time to respond Broncvet,
I do have a lawyer working on it now. I have a copy of my Cfile. I was at Walter Reed in 1976 & evidently filled out the paper work for the VA while I was
there. When I left Walter Reed I was receiving 30% TDRL until Aug 1977 when my rate was reduced to 10% & I was given severance pay. I never pursued
anything with the VA. Info was somewhat lacking back then. The thing that really irritates me is the person working on my claim @ my local RO called
me to tell me they had made a clerical error back in 1977 & I should have been receiving checks all along. He said I would be receiving retro on 50 % back
to 1977. It added up to over $200,000. He called me back later that day saying he made a mistake. He said his supervisor found paperwork saying I missed
a scheduled C&P in Nov. 1977. He said what they would do for me was schedule a C&P & pay me according to my present codition. I had a C&P 2 days
later. My case was decided within a week & I was awarded 70% disability & retro back to July 2011.

#7 jbasser

 
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Posted 16 August 2012 - 05:21 PM

I guess the missed or fantom c and p exam letter could have was generated after the fact to cover someones backside.
Makes you wonder.
Take the sob;s to court.

J



#8 etcm

 
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Posted 21 August 2012 - 03:31 PM

I was medically discharged by the Army, my disability lowered to 10% & paid severance in 1977. I never knew
I was rated by the VA. I found out by accident 2 years ago when my wife lost her job & i applied for VA medical.
The RO claimed I didn't show up for a C&P in Aug 1977. I never had any contact with the VA at all until I went
there seeking medical treatment 2 years ago. They had 1 copy of no show exam in my cfile, but no other paperwork.
There is absolutely no paperwork of notices to reduce or sever service connection in my file. My thought is if it is a protected
rating then why is it not eligible for retro compensation.
Thanks for your time StreetWalker

Do you know if those requirements to inform/assist, etc. were in the law back in 1977? If not they might have severed you without notice.

#9 PainterBK

 
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Posted 21 August 2012 - 03:53 PM

Do you know if those requirements to inform/assist, etc. were in the law back in 1977? If not they might have severed you without notice.

I'm not sure about the inform/assist rule, but my RO told me several times that my 50% rating was in their system. I was told by 1
person @ the RO that they had me as receiving compensation from the Army. My question is how can I have a protected rating which implies
it has been in effect for over 20 years & not be eligible to receive retro pay from same protected rating. Sounds like they make it up as they
go. Thank You




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