Question
In 1988 I had surgery for sleep apnea. it ended my career because the surgeon went to deep into my palate. it failed to cure my apnea and severely affected my ability to work in the Navy, a sailor that cannot swim is of little use and in the early nineties the mood toward disabled service members was difficult to justify keeping them on active duty. I was medically discharged in July of 1992, with a rating of 30%, I went to the VA in 1994 for my evaluation. the eval highlighted the disabilities that cost my career, and included Sleep apnea, but the VA did not recognize Sleep Apnea as a ratable disability until 1996. it was not until 2004 that a VA representative informed me that I was eligible. I was approved for sleep apnea at the 50% level. In 2012 I was approved for TDIU. My question is who was responsible to be up to date on when the VA added a disability approval. is it the VA's or mine. I had physicals every year, was accepted into the Voc Rehab program. Can I go back to the VA for the 8 years between when the VA acknowledged Sleep Apnea as a ratable disability, because in my opinion I feel that the VA did not inform of this new ratable disability. Thanks for your time.
Jim's Reply
I don't see any path for you to apply for and receive any retroactive benefits you believe you're eligible for. There are any number of barriers to such an action. Citizens are generally expected to be aware of changes in rules, regulations and laws that may affect them.
In other words, most citizens wouldn't pay any attention to changes in VA rules and regulations because most people aren't veterans. But each veteran is expected to be aware of changes that affect them. I wouldn't pay any attention to changes in state laws that might affect cosmeticians or nurses but I pay close attention to changes that affect veterans.
VA has long held the position that it publishes so much data and info that every veteran can find most anything they need. Whether true or not, bureaucrats, legislators and courts seem to agree...keeping up with your benefits is on you. VA medical staff aren't expected to talk to you about benefits...they aren't involved on the benefits side of the equation.
You aren't alone, for what it's worth. I hear from at least one Vietnam veteran each week who has been treated for prostate cancer in a civilian setting and had no idea they were eligible for a 100% disability rating because of the agent orange connection. Many have missed out on years of a 100% rating and there isn't any way to go back. The effective date of a claim is the date it was filed with few exceptions.
Jim
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