this is the first time I have ever posted but have a question.
I was in the Air Force, 76-80. in the last two years I had a shoulder injury that did permanent nerve damage to my right shoulder.
The doctor told me then that I had a disability, but it would be put at zero until I got out.
Upon discharge I was told I would receive notification to receive a rating. (I was young then and never thought about it again).
Then in 1986 I was unemployeed and went to the VA to get medical treatment. as they looked at my records they found it odd that I had a rating of zero and said that it couldnt be so they scheduled an exam for a rating. I went to my Va regional and was put in a room, told to take off my shirt and the doctor would be in to see me. he much later walked in, never looked at me, walked around me twice, never touched me or asked any questions. He told me to get my shirt on and there was nothing wrong with my shoulder, then he left the room.
then in 2008 I was laid off from my job and once again went to the Va for medical help and was once again told I had a rating of zero and that couldnt be. they scheduled me for tests and this time found that the shoulder had been wrongly diagnosed and gave me a rating of thirty percent.
my question is this, from what I have found, this is payable back to time of discovery. that would be over 30 years ago. I was payed back to the time I was tested the last time.
can I get back pay to time of injury or is this just payable as has been payed( about 1.5 years ago?
any coments would be appreciated.
You need the help of a VSO. They can help and see if they an at least get it back to 1986.
VSO? Im not dont know the acronyms of this board
Veterans Service Officer - free assistance with claims from groups like DAV, AMVETS, VFW, etc. Do not have to be a member.
i don't think you are entitle to back pay since you have already been rated. the only way for you to receive back pay is through a CUE (clear unmistakeable error)that occured at time of exam.You can ask for an increase to the claim. first get a good doctor that will give you a good right up and then submit that info to the va asking for a rate increase. you can start the process at va.gov through VONAPP or go to your local va center and file.
The VA has their own examiners. Information from your treatment record is supporting documentation, but it is the VA examiner that reviews your case and write the critical report.
The effective date for any award of compensation or pension...will be in general, no earlier than the date of claim, or date the evidence supports whichever is later. (38 C.F.R. 3.400)
There is no way the VA will pay benefits prior to the date of claim unless you file within a year of separation from service.
Sarge15, you have no idea what your talking about, please ensure you provide sound advice if any on these forums, and please note you may not provide unauthorized links on any topic.
"Building better lives for America's disabled veterans and their families." Ne Desit Virtus-Let Valor not Fail
|Powered by Social Strata|