Legal Question in Veterans Law in Texas

V. A. Disability retroactive compensation

I received a injury in Viet Nam which required surgery and

rehabilitation over 25 years ago. I never went to the VA

or applied for benefits until 1998, whereupon I received

10% which has been raised to 40% through appeals. My question is regarding the time from my surgery 25 years ago

until I requested benefits in 1998. If I had applied at the

time of the surgery I would have received benefits for the

25 years and I want to know if there is anything I can do

to get this benefit. I realize now that the stupid macho

loyalty from my grandfather and father, take nothing from

the government if you can provide for yourself is crazy,

I was injured in the service of my country, enough to alter

my health and life significantly. If I could do a smiley

face I would, but before I went into the military I had

plans to become a professional golfer and I was very good,

I have played golf twice in 25 years because of the pain.

Please let me know if their is any recourse at this late

date. thank you


Asked on 5/14/04, 12:30 pm

1 Answer from Attorneys
Jill Mitchell-Thein Heard & Smith, LLP

Re: V. A. Disability retroactive compensation

There may be a slim chance of getting your back benefits. It would depend on several things. How long after you got out did you have the surgery? Did the doctors service-connect it at the time? Were you treated by military or VA doctors? What exactly, did your original claim request, and how, specifically, did they respond to it? There are a lot of variables, and I would need more information to help guide you. The VA does not allow attorneys to get involved for a fee until after a Board of Veterans Appeals denial, but I'll be glad to coach you a little on how you might approach this. Feel free to email me directly with more specific information.

Thanks,

Jill Mitchell

Read more
Answered on 5/15/04, 10:55 am


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