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Initial claims stuck in "preparation for decision" since June 1st, what can I do?

misskatniss333

PEB Forum Regular Member
Registered Member
Good Morning everyone,
I am a reservist who has not been on duty for the past 3 years while undergoing an MEB (no decision on that yet) save for one day where I was ordered to go to a psychiatrist.
In the meantime, I have filed my initial claims for injuries that occurred while on active duty orders (some of which are, as expected, directly related to the MEB I am going through). I filed the claims in February with the help of a VSO, and they have been stuck in "Prep for a decision" since June 1st. I did not do what I believe is called a "BDD" claim because the VSO said if I haven't been drilling I didn't need to do one. I have called the VA 3 times since June 1 to check status and have been told there is nothing more needed, simply need to wait.
My question- Is there any reason to believe that the claim decision is being held up by my status in the reserves? Is the VA really being that slow? My brain tells me that is the case, but my gut tells me something within my control is holding up these claims. Thank you.
 

Guardguy11

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
You just have to wait. It sucks and everyone here can empathize with you. Fortunately with the VA, you can "back pay" to the date the claim was initiated. So know that your waiting in no in vain.

Godspeed!
 

misskatniss333

PEB Forum Regular Member
Registered Member
You just have to wait. It sucks and everyone here can empathize with you. Fortunately with the VA, you can "back pay" to the date the claim was initiated. So know that your waiting in no in vain.

Godspeed!
Thank you. May I ask- I was under the impression that backpay is to the date of the injury? I am not sure how it works, I am obviously new to all this. But I have heard many stories of people who got claims approved and big checks for like, years and years of backpay. What are those all about? Thank you again for your response. This is all so troubling for me.
 

Guardguy11

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
This is a great question. The VA does backpay to the date of initial injury but it gets complicated. For you to receive backpay a couple things have to happen; be eligible for VA benefits, and show proof of service connection to the date of injury. The VA will only backpay you to the point that you "should" have qualified for VA benefits.

Example 1 - Medical separation from the military in 2017 due to back issue. Due to Guard fuckery, no LOD on file. You file a VA claim the day after separation but the VA denies initial claim due to not being service connected. After a lengthy legal battle and back and forth, the VA agrees that even though there is not an LOD, there is clear and convincing evidence that the injury was incurred during military service. In this example, the VA would then rate your "new condition" and the figure up the back pay to the point that you qualified for VA benefits.

Example 2 - MEB is ongoing, but member is eligible for VA benefits now due to being in the Reserves and not on Title 10/32 orders. The member files a VA claim for injuries listed in medical records and/or LODs. The VA will process the claim independent of the MEB, but the chance that the streams may cross will depend on where you are in the MEB. Either way, as long as you are not on title 10 or 32 orders, you will be back paid to the date of the initial VA claim.

Example 3 - Member files a BCMR and wins the battle. If the BCMR is financial in nature, you will be back paid for this as well.

Obviously tons of nuance and details left out, but this should give you a rough idea of what to expect.
 
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