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Help with compensation estimates & back pay

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usocazy

Question

Greetings - first post on this site.

I'm rated at 90% service-connected disability, have 2 children enrolled full time as college students & my wife.  I'm getting $1888/month for disability and filed a claim as eBenefits shows that only my daughter & wife were considered for "compensation", my son was not.

I submitted paperwork to show that he still lives at home and is a full time college student but the claim came back that they were already paying for him as a dependent and my entitlement is $1888. So confusing. My math shows that 90% pays $1,995.48 for Veteran with Spouse and Child plus I figured I should also get another $182 for my second child that is enrolled in school so my adjusted total should be $1,995.48 + $182 = $2177.48  What am I figuring incorrectly? I used the following website: http://www.benefits.va.gov/COMPENSATION/resources_comp01.asp#BM05

Additionally, I had my knee replaced back in November 2014 and didn't realize that I was entitled to 100% temp disability for 12 months. I submitted a claim for 100% temp ($3415.74/month) and that was awarded effective 19 November 2014 to 1 January 2016 however they withheld $1527.26/month so it netted out to $1888.48. I qualify for CRDP so I requested an audit error worksheet be completed by the VA so I could get 12 months of back pay - that is still ongoing.  So my math indicates I should get $1527.26 x 12 months = $18,327.12 Does that sound about right?

Thanks for your input!

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I would like to note, when you do your compensation figures, when it says "with one dependent", and you have 3 kids, you only add 2 to the "with one dependent", not 3, because the numbers already include the first dependent.  

    You have to account for any child that turns 18, which will be automatically removed, unless you suceed in getting college age.  

    Further, remember if your effective date is 1 July, your compensation does not actually begin until the first day of the month AFTER July, or August 1.  So many Vets count one more month than that to which you are entiltled.   This happens because the VA does not "pro rate" the month.  If you did not qualify the whole month, you get zero, so your first month you get zero.  

    

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Usocrazy, RO is Regional Office, the main VA Benefits office for your state. BVA stands for Board of Veterans Appeals, the next level up from the RO(where the appeals go). JMR is, i believe Joint Motion to Remand, that happens when the BVA denies your appeal, you then appeal to the United States Court of Veterans Appeals, or USCAVC, and that court remands the claim back to BVA, giving you the chance to submit more evidence. Hope that helps, and i always recommend going to your Regional Office personally, i have a very similar situation with two of my children in college, and another child, age 15, that they still have not started benefits on. Going in person MIGHT motivate them, if not, i would email the secretary of VA Bob Mcdonald. I forget his email but i will try to find it and repost, hopefully spmeone can post it here.Good Luck!

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Thanks flores97 for the acronym break down. I've been to the regional office on so many occasions that I was actually a little excited that I could fax in a request for an audit error worksheet. Hard to believe the VA still receives faxes as a primary means of submitting documentation. Any way, I was able to "fax" from my laptop all the documents I needed the VA to review for my temp 100% back pay to include the letter I recently received stating that I qualified for CRDP and they paid me almost $2500 for back pay differences on the $200/month they were withholding.

The student thing is another beast. I had both of my children enrolled in college and correctly annotated in eBenefits so I never really did an audit myself on what my entitlements were. Upon closer look it appears my son "dropped off" at some point so now I have to show that he was enrolled full time without a break. That's the easy part, the harder part is getting time off from work to go to the Texas Vet Commission office or the VA benefits office and submit the paperwork. Bureaucracy is a beautiful thing!

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Just my 2 cents

All veterans should Request their C-File and keep it updated. and go through it check award dates ect,,ect,,

9 Xs OUT OF 10 your earliest  effective dates will be wrong....An usually in your favor. ...just make sure all the dates are correct.

Just make sure your self.

 

.................Buck

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