Presumptive Hypothyroidism

Question:

I filed for hypothyroidism in 2018, it was denied. It is now on the AO list. The VA is required to review every denied claim and back date to the original date of filing. My question I am TDIU and 100 percent. TDIU started in 2003. The claim is on appeal since 2019. The VA added it as a new claim on ebenefits in June 2021. If they ever get the claim completed I don't think I will receive retroactive back pay, true or false? Thank you.

 

Jim's Reply:

You may or may not be due for some retroactive benefits. In a previous and similar situation not all that long ago, the decision was in favor of vets who had filed and been denied to receive retroactive benefits.
 

I'm a bit tied to studying this as I have a distant in-law who is a retired-after-20 Blue Water Navy vet in a similar situation. His non-service connected hypothyroidism had had a deleterious effect on his service connected diabetes that was (lowball) rated at 20%. He was in and out of civilian hospitals and in critical care more than once and VA paid no attention...even though he was a DoD employee.
 

After a stroke the family asked for my help.
 

We were successful in filing an increase for his DM2 and then got an IMO to connect the hypothyroidism to his military service. (Of course we don't need the IMO now it's presumptive.)
 

He is currently rated as 100% with SMC-S and he is fully housebound with VA caregiving benefits kicking in.
 

Of course I'd hope that you never run into the illnesses my in-law has but considering all that, I think it's worth your time to aggressively pursue this benefit so you don't have to do it when you're not well. 
 

I've been referring these cases to a trusted veterans law attorney who has shown a particular interest and who has a great track record in dealing with these particular claims. (He did appeals for my relative)
 

Let him know I sent you his way and listen to what he thinks about your particular situation. He never charges veterans to provide a great evaluation of what they've got going on...he's a vet, 'nuff said.
 

Good luck sir.

 


Source URL: https://www.statesidelegal.org/presumptive-hypothyroidism-0