How does disability and backpay work?

[wolfgheist]

When I was at TAPS class we were told that if we did not apply for a disability before discharge, that we would not be able to later. I have since of course found out, that the TAPS people lied about this subject.

My question now, is how do I go about applying. Do I need to obtain a copy of my service medical record first?
How does backpay work when I get approved (Will be at least 50% disability rating)?

Any tips, and/or suggestions will be greatly appreciated.

My discharge date was November 2000.

[Vike17]

Wolf,

You apply for disability compensation by filling out and signing VA Form 21-526. You should attach a certified copy of your DD 214 (this will help speed up your claim by VA not having to verify your service with the service department in question), any treatment records of your claimed disabilities since discharge, and SMR's if you hve them. If you don't have your SMR's, the VA will obtain them from St. Louis. You don't need to have your SMR's before you can apply for disability benefits.

As far as your back pay goes, if you're rated over 50%, then your retirement is phased in over a ten year period. Without getting into the specifics, just go to military.com. They have a section there where it is explained pretty well.

Why do you think you'll be rated at the 50% rate or higher, just curious?

Vike 17

[TinCanMan]

Wolf, are you talking about backpay in the traditional sense? or as a retiree drawing CRDP? If you're talking about the traditional sense, the VA has an obligation to pay a claim from when they first became or should have become aware of it. As an example consider the following: Suppose you file a claim on 1 Jan 2007 but it takes the VA until 1 Jan 2009 to approve the claim. Usually your monthly payment will start 1 Feb 2009 .BUT. the VA will owe you back pay between 1 Jan 07 and 1 Feb 09. For that you'll get a lump sum to cover the "backpay". It's more complex than that but that's the gist of it.

The TAPS folks weren't entirely wrong. Some conditions are presumptive of service in the year after discharge and an award can be made. Some cases are not .AND. if you failed to have continuing medical treatment, you might not be eligible for an award. If there is no evidence of a condition in service and it isn't presumptive, you are not eligible. Each case needs to be evaluated on its own merits. It is not a simple cut and dried situation.

You don't absolutely have to submit your SMR's. The VA will get them for you but I would certainly go to the NARA site and request my SMR's and my personnel record before the VA does. That way you will have a complete copy. You can request them from the VA later but they usually make a mess of them.

[wolfgheist]

Thanks for the tips. I don't know anything about this stuff, so I am glad you guys are there. I have also been posting on military.com

I have several things from my time in active duty. The one that is the worst to me was from a SARPE. I had really, really crooked teeth, and applied for the Navy orthodontic program. After waiting around 2 years I was finally approved. They offered me two choices before braces because my teeth were so crowded. They said they could pull 6 teeth from my upper jaw to make room or they could do a SARPE (Surgically Assisted Rapid Palette Expansion). Well after talking with them, the SARPE sounded like the optimal way to go. Here is what it entailed. They chiseled my upper jaw away from my skull, then split it in half so that it was two 'free floating' pieces, then they attached an expander that looked like a metal spider. Every day for a month I had to use a little crank to re-break my jaw and widen it to the point that they wanted. Now this hurt big time, but I was looking forward to straight teeth and expected it to hurt for a while. They did this surgery about 5 months before my discharge, and the final cranking about 4 months before discharge, then it had to heal for 6 months before the braces.

Well, the SARPE resulted in flooring migraines 1-2 times a week, that result in me puking, being light sensitive, unable to stand and have any sense of balance and unbelievable pain. When I was seen for this I was told that it was going to go away, blah blah. Well seven years later it has not gone away. 1-2 times a week I end up either at the ER, taking Imitrex and pain killers, or just simply passing out while trying to lie down in a dark quiet room.

There are some other things injuries that resulted in botched surgeries etc.

Someone mentioned on another board something about a form that is an 'intent to file' that I can immediately submit to flag my claim date, while I gather all my records. Any tips on that?

[Vike17]

Wolf,

The 'intent to file' as your refered to is called an "Informal Claim." This is some type of comunication to the VA stating you intend to file for such and such a disablity. This is just a simple letter to your Regional Office as there isn't any specific form. Just make sure you be specific as to what disability(ies) you are intending to claim. Once you submit your "informal" claim, you have one year from the date of your Informal claim to submit your "Formal" claim, which is the the VA Form 21-526. If your claim for disability benefits are approved and you submit your Formal claim within one year of your Informal claim, the effective date would be the date of your Informal claim.

Make sure you send the Informal claim per certified Mail with return receipt. Once the VA receives your Informal claim, you'll probably receive a letter from your regional office acknowledging the receipt of the Informal claim and a VA form 21-526 should also be enclosed.

Hope this helps!

Vike 17

[wolfgheist]

Originally Posted by Vike17

Wolf,

The 'intent to file' as your refered to is called an "Informal Claim." This is some type of comunication to the VA stating you intend to file for such and such a disablity. This is just a simple letter to your Regional Office as there isn't any specific form. Just make sure you be specific as to what disability(ies) you are intending to claim. Once you submit your "informal" claim, you have one year from the date of your Informal claim to submit your "Formal" claim, which is the the VA Form 21-526. If your claim for disability benefits are approved and you submit your Formal claim within one year of your Informal claim, the effective date would be the date of your Informal claim.

Make sure you send the Informal claim per certified Mail with return receipt. Once the VA receives your Informal claim, you'll probably receive a letter from your regional office acknowledging the receipt of the Informal claim and a VA form 21-526 should also be enclosed.

Hope this helps!

Vike 17

That helps a lot. Thanks Vike.

[David Sennick]

My name is Dave, just joined this site, hello to all