Legal Question in Veterans Law in California

Disability Payments

I suffered a ruptured spinal disc while on active military duty. This was an on the job injury. I underwent surgery for this injury and subsequently separated from the Air Force. My recovery at the time was good and when I attempted to re-enlist, I was denied because of the nature of my injury. I was advised to file for a disability which I did and was awarded 0%. I separated in 1975 and since that time I have suffered periodic back pain and loss of wages. I had my case reviewed and was awarded a 20% disability. Can I have my case reviewed again and have payments retro active from my date of seperation?


Asked on 12/10/02, 10:09 pm

1 Answer from Attorneys
Thomas Turcotte Thomas w. Turcotte, Attny at law

Re: Disability Payments

I assume your 20% disability rating was from VA but your question did not say when you received that rating. If it was within one year, you should file a Notice of Disagreement with VA asking for a higher rating. If more than one year has elapsed since the 20% rating, you may re-open your claim but you should include medical documentation, preferably from your treating physician that documenets the degree of impiarment caused by the back condition, any medications you are on now, prognosis and any additional surgeries etc. that may be required. In any event, you will not ge retros to the date of your discharge. Best if Luck!

Read more
Answered on 12/11/02, 4:45 pm


Related Questions & Answers

More Veterans Law questions and answers in California