Denied VA rating for TBI, now VA giving award

EOD08

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Good morning all,

In 2012, after taking a neuropsych test for my TBI I received this statement multiple time in my write up "Severely Impaired processing speed, sustained attention and working memory”. I applied for comp through the VA and without an LOD, MRI, diagnosis, witnesses and other medical docs... I was denied. I appealed the ruling and it still sits in an appeal status and hasn't moved.

Jump ahead to present, I'm going through the IDES process. Lots of medical docs, an LOD for TBI, witness statements, positive MRI scans..the FPEB found my TBI unfitting and we submitted the VARR. It's almost finished....

My question is will I be back-paid back to 2012 to when I first filed for TBI or just back to Mar 2015 to when the IDES process started.

Thank you all.
 

FloridaInjuredInCombat

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PEB Forum Veteran
Registered Member
The VA is supposed to pay back to the date it was originally filed, providing it was a fully developed claim within one year of that date. But in practice if they can cheat you they will.

They may say that the decision of the original file date was a denial and just because a NEW exam has CHANGED your rating does not count to the older rating, so no back pay to that date.

Or they may just go off the IDES start date even though it's not the right one (as they did in my case) and let you spend the next couple years trying through the appeal process (as they've done in my case). Eventually I may get the back pay, but it's ridiculous that I have provided proof of the actual filing date of the fully developed claim and they still do nothing to correct their error.

Encumbered by the idiots who run the VA, we press on...

Hope this helps...
 

EOD08

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Thanks for the heads up, yes, these are several of the outcomes I have thought about as well. There's several ways it can go. I'll post whatever I find out.

Thanks!
 
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