megndave

Here is a much beter explanation of my situation: Back CRDP Pay, or not to Back Pay CRDP?... I am trying to find regulations and ascertain if, and how I can get back pay CRDP that I believe is due me since my disability rating was increased from 40% to 60% retro-effective date determined by the VA to May 1, 2005, thus making thinking I am retro-eligible for CRDP for the last 12 months that I did not recieve. In accordance with the Effective date of disability change per Department of Veterans Affairs decision Letter I recieved dated March 29, 2006 page 3 under the paragraph; “What Did We Decide” and the accompanying chart that depicts the medical description with old verses new percentages assigned, the far right box Effective Date entered is “Apr 21, 2005”. Also, the chart on page number one, paragraph titled “What Is Your Entitlement Amount and Payment Start Date?” under the column titled “Payment Start Date” the increased Evaluation Disability Benefit date annotated is “May 1, 2005”. Furthermore, on page number two under the paragraph titled “When Can You Expect Payment?” states clearly “Your payment begins the first day of the month following your effective date” (April 21, 2005), which should have been May 1, 2005. Thus, several references within this Veterans Administration decision letter indicates that my increased benefit should be effectively started on May 1, 2005. (a year ago). I started receiving CRDP $384.56 as of May 1, 2006. I believe, the effective date (one year ago) of the decision to increase my disability benefit from 40% to 60% make me eligible for CRDP since May 1, 2005 to the present. Thus, I believe I should be getting back pay CRDP from effective date May 1, 2005 to May 1, 2006. For example, for the period of May 1, 2005 to May 1, 2006, if: 12 months x $384.56 CRDP = $4614.72 (or something close to it). I'm still trying to figure out if this is true and what regulations can I point to that will help me with my arguement to the VA and US Army if need be. So far the VA has denied owing me this money. P.S. Tthe VA and Army may have to square-up over the differences between them concerning the differences in VA disability benefits verses retirement payments made to me since May 1st, 2005 but this should be transparent to me. I just want the CRDP payments since May 1st, 2005.

I inquiring about backpayment VA Rules. I contacted the Purple Heart representative in Syracuse NY and they contacted the VA which told them because I was retired I wasn't entitled to any VA back pay to my increase benefit claim date? That doesn't seem right, and until I can find the rules governing this I will look, and look, and look... Then write to my congressman! My situation: I made a claim to have my disability for my service related back injury compensation increased one year ago. After much fuss and appointments, etc...and waiting the VA finally increased my disability from 10% to 40% for my back injury, and overall disability from 40% to 60%. I am also retired from the US Army, and have been having my VA benefit taken out of my retirement until last month after the percentage of disability was increased above 50%. Now I am getting both VA disability plus/and retirement as I should be. As of last month, the Army gives me a little less money every month (about $60) but the VA gives me almost $400 more on top of my retirement pay now. My question is: Am I entitled to have my VA compensation that I just started to get back-dated/back-paided to my increased claim date of about one year ago to last month when I started recieving it? Shouldn't the VA tally up what I get now from them ($400.00/month), multiply that by 12 months since the claim was filed a year ago ($400 x 12 months = $4800.00) and deduct the difference between what I was getting from the Army in retirement over the last year from what I get now, and repay them overpayments (-$60.00/month x 12 months = $720.00) and award me the amount left over (about $4080.00)? That seems fair to me. Thank You in advance for any help you can render me with this situation. Dave: megndave@twcny.rr.com