Retro pay for contentions

[Navy4life]

I have a question....

I was awarded S/C for some contentions back in June 2014 - rated at 40% and at that time there were other contentions "deferred".

I was then awarded for S/C for some contentions in November 2014 - rating went up to 60% and there were contentions I was denied on.  I put in for an NOD and that is where I currently sit.

My question is, if I WIN to get my S/C for some of those contentions that were denied in November 2014, what effective date will my award go back to?  The original one was December 1, 2013 and has been my date on both my 40% and 60% award letters.

Also, if I win the addition %, for example additional 20%, how much retro would I be looking at?

These contentions were filed in my original filing back in May 2013.....

[broncovet]

Effective dates are one of the most complex areas of VA law, with 50+ pages of the VBM devoted to just them.   

Your effective date will be the later of the date you applied, or "facts found" (the date the doc said you were disabled.)  

When You file a Nod within a year, you "preserve" the effective date, so you should get your older date, as long as your doc says you were disabled then, and not some time later.  

If you are a married Vet, no kids, I get 80% to be 1680, while 60 % is 1156, a difference of 524.00 per month.  You can use the 524 per month to "ESTIMATE", your retro.  It wont be accurate, because it may not account for all dependents, and it also does not account for Cola Changes.  

However, Cola has been low or none, so multiply 500 times the number of months until you get your retro.  

If you get a Dec. 2013 effective date and your retro arrives in Dec. 2016 (3 years), then you would get "about" 18,000 retro, plus or minus dependents and Cola.  

OR, better yet,  you can plug in your actual numbers into this Retro calculator:

http://www.vvaarizona.org/va_comp_calc.php

Edited January 17, 2016 by broncovet

[Guest]

Pipe dreams, sorry to be blunt but no one can tell you this information. Even though bronco is mostly correct the problem is you must subtract any payment you already received and there are some situations where a veteran may receive a 10% or a 20% increase but the veteran's combined  overall rating does not change in which the veteran would not get any retro even though the veteran was given an increase or additional service connection there would be no money due them. So unfortunately you will have to deal with that/those ratings when they come.  As I stated above, I am not trying to be smart but just trying to tell you how it is. Please do not waste your time.

[Navy4life]

1 hour ago, pete992 said:

Pipe dreams, sorry to be blunt but no one can tell you this information. Even though bronco is mostly correct the problem is you must subtract any payment you already received and there are some situations where a veteran may receive a 10% or a 20% increase but the veteran's combined  overall rating does not change in which the veteran would not get any retro even though the veteran was given an increase or additional service connection there would be no money due them. So unfortunately you will have to deal with that/those ratings when they come.  As I stated above, I am not trying to be smart but just trying to tell you how it is. Please do not waste your time.

I am sorry but what?

My original claim opened in May 2013 so if in fact my right foot FINALLY gets service connected, which I have a pretty good assumption it will based on the evidence, why is this a "pipe dream"?  I understand that my % would have to go up, I get that b/c I am at a solid 60%, so if I get 20% or more service connection I would get retro for sure.  I have an NOD for my right foot/ankle that was blantly denied when there was sufficient evidence both in my SMR's and VA records indicating it should have been S/C.

[Navy4life]

5 hours ago, broncovet said:

Effective dates are one of the most complex areas of VA law, with 50+ pages of the VBM devoted to just them.   

Your effective date will be the later of the date you applied, or "facts found" (the date the doc said you were disabled.)  

When You file a Nod within a year, you "preserve" the effective date, so you should get your older date, as long as your doc says you were disabled then, and not some time later.  

If you are a married Vet, no kids, I get 80% to be 1680, while 60 % is 1156, a difference of 524.00 per month.  You can use the 524 per month to "ESTIMATE", your retro.  It wont be accurate, because it may not account for all dependents, and it also does not account for Cola Changes.  

However, Cola has been low or none, so multiply 500 times the number of months until you get your retro.  

If you get a Dec. 2013 effective date and your retro arrives in Dec. 2016 (3 years), then you would get "about" 18,000 retro, plus or minus dependents and Cola.  

OR, better yet,  you can plug in your actual numbers into this Retro calculator:

http://www.vvaarizona.org/va_comp_calc.php

BroncoVet

Thank you for responding....I am not married and my kids are grown.  So if I finally get my right foot S/C then the award date would in fact go to my original claim date of May 2013 correct?  I am a solid 60%, so I would really need a 20% disability rating in order to move to 70%.

 

[Guest]

12 minutes ago, Navy4life said:

I am sorry but what?

My original claim opened in May 2013 so if in fact my right foot FINALLY gets service connected, which I have a pretty good assumption it will based on the evidence, why is this a "pipe dream"?  I understand that my % would have to go up, I get that b/c I am at a solid 60%, so if I get 20% or more service connection I would get retro for sure.  I have an NOD for my right foot/ankle that was blantly denied when there was sufficient evidence both in my SMR's and VA records indicating it should have been S/C.

Unfortunately VA math is not like any math in the world.  The higher ratings you get the more VA screws up the combined rating chart. I am not saying that you will not get an increase. I am saying that no one can tell you what it will be and you will be just driving yourself crazy trying to figure out what VA will do.  Example:  A 50% rating plus a second 50% rating would give a veteran 75 which VA would round up to A combined rating of 80%.  The average person would think 50%+50% = 100% but not in VA math.

[Navy4life]

8 minutes ago, pete992 said:

Unfortunately VA math is not like any math in the world.  The higher ratings you get the more VA screws up the combined rating chart. I am not saying that you will not get an increase. I am saying that no one can tell you what it will be and you will be just driving yourself crazy trying to figure out what VA will do.  Example:  A 50% rating plus a second 50% rating would give a veteran 75 which VA would round up to A combined rating of 80%.  The average person would think 50%+50% = 100% but not in VA math.

Pete;

You never actually answered my question.  I asked if I get S/C for my contentions, what would be my effective date.  I understand no one can predict which is why I put 20% as an example to answer my question b/c that % would put me to 70%

My question is, if I WIN to get my S/C for some of those contentions that were denied in November 2014, what effective date will my award go back to?  The original one was December 1, 2013 and has been my date on both my 40% and 60% award letters.

Also, if I win the addition %, for example additional 20%, how much retro would I be looking at?