Legal Question in Military Law in Florida

retroactive disability

My husband hurt his knee and had surgery while in the Army (Fort Carson, COlorado) for the past 25 years he has had constant pain and a number of additional sugeries, 4 orthoscopic's, 2 ACL replacements and a surgial procedure called microfracture.

We never knew that he could have been collecting some sort of disability for this from the VA untill a few months ago, when a friend mentioned it.

We went online to the VA, filled out the forms and went to the VA doctor for tests. The VA doctor told my husband that he is considered 30% disabled, that on a scale of 1-10 (10 being the worst) that his knee it a 10+, and that with the paperwork etc, he should be getting disability in about 120 days. He said, and wrote on the forms ( of which my husband received a copy) that the pain & deterioration in his knee is A DIRECT RESULT OF THE INJURY THAT OCCURED WHILE HE WAS IN THE SERVICE.

My question is can we get ANY money retroactively?


Asked on 11/20/07, 9:22 am

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: retroactive disability

It is doubtful. A family member of mine was denied disability benefits and it took the VA ten years to correct the mistake. He was owed 10 years back pay. However, in 2005 the Congress passed a law that made it impossible for the VA to pay back pay. You should feel free to consult an attorney on the issue, but I suspect the answer will not be favorable.

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Answered on 11/20/07, 9:58 am
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: retroactive disability

You may have some options; however, I need to know more details to better assess the situation (e.g., when did he get out of the military, etc.).

Feel free to contact me if you would like to set up an initial consultation, free of charge. If we set up an appointment, I'd be happy to initiate the call in order to save you in long distance charges.

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Answered on 11/20/07, 2:01 pm


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