Shaffer
01-25-03, 09:15 AM
A new forum has been created called "Veterans Affairs (VA)". This forum is for questions, comments and answers about health & disabilty benefits as well as anything associated with the VA. The moderator of the forum is CAS3. She is our resident VA guru and should be able to answer most questions.
Semper Fi,
Jerry
Roberto T. Cast
03-08-03, 03:43 PM
It is a long story but I will make it short. I am a Vietnam veteran and I was diagnosed with diabetes back in 1994. I was not aware of the Nehmer case before the court.
Anyway, I first file for benefits in 1994 soon after I was informed about my diabetes by local VA doctors. I inform the, The Texas Veteran Commission rep who did my initial filing about my diabetes and it was on record, and his reply was that the VA did not recognized diabetes, and that he could not state in my original file.
At present I am a Vietnam veteran with a 40% disabilty (diabites and PTSD). The VA has acknowlegde that I was diagnosed with diabetes in 1994, but that it was not in my original file for benefits. They declined backpay benefits to 1994 and only got $400 plus in back benefits because I refile in January 2001.
What can I do to see if I can get backpay benefits 1994. Is there any loopholes?I have the Nehmer vs the Va and there is a paragraph in the AMENDMENT Section which state that I can file a SUPPLEMENT to my original file. Might this be true?
Respectfully submitted
So sorry but there is nothing you can do now. You should have had that rep file for the benefit no matter what the law was at the time...hint hint always file for every disability you have. Even if the VA does not recognize it now they may change the law in the futuer i.e. Agent Orange realted disabilities.
SheWolf
03-10-03, 11:01 AM
that is very good advise, when I got out of the service, during my ets physical, I had them notate that I had broken both of my legs during my Active Duty,,, so that I would have a copy of it,,,, thanks to a very diligent civilian clerk,, who had me fill out a request for VA disablity, I received a 10% disability rating,, I at first questioned the need because at the time, I was not feeling any effects,,,, she said " fill it out,, then the VA has to evaluate it and even if they determine there is no disability now, they have to open a file,, then later, if it becomes an issue, they don't have to wait for your medical records.... so I told everyone,, if you've been sick or injured,,, file the form,,,, it can't hurt....
I must be Lucky. After I got out of the Marines some 50 years ago I never filed for disability. I registered with the VA 5 years ago. Last year I put in a claim for hearing Aids. It took me a year and a appeal that it happened while a forward observer in the Artillary and that I got a concussion from all the noise. I got my hearing aids plus a retroaactive check and 20% didsability. U just have to keep fighting it. Good Luck. Semper Fi