Question on Retro Pay

[Dave P.]

Hello new member here and need some help on Retro pay.  Retired 28 year AF veteran.  Eleven years enlisted, 17 years officer.  I have just been upgraded from 60% to 100% with several more claims pending.  Retired June 1st 1997.  The VA just approved several of my claims that were service connected with retro active dates.  One (Sleep Apnea - service connected) goes back to August 2004 and put me over 50%.  The VA with its Decision Award letter dated 07/22/ 2016 provided a table of Compensation and Retirement pay adjustments starting 09/01/2004 to 08/2016, effective April 19th, 2016.   My DAV rep said I will get back pay.  My county VA rep says I will not get back pay because I'm retired.  I've read most of the applicable CRFs and I'm still confused.  County VA rep printed these off today. Yes or No.

Combined Evaluation for Compensation Is:

30% from 07/01/1997

100% from 02/02/1998 (38 CRF 4.30) (Paid)

30% from 04/01/1998

60% from 08/30/2004 (New resultant ratings from this date)

80% from 08/10/2005

100% from 08/19/2013 (Bilateral 1.9% dia, codes 5203, 5203, 5259, 5257) Not paid

100% from 10/01/2013 (Bilateral 1.9% dia, codes 5203, 5203, ) Not paid

100% from 03/25/2014 (Bilateral 1.,9% dia, codes 5203, 5203, )(38CRF 4.30) Not paid

100% from 05/011/2014 (Bilateral 1.,9% dia, codes 5203, 5203, ) Not paid

90% from 05/01/2015 (Bilateral 6% dia, codes 5203, 5203, 5055, 5055) Not paid

100% from 04/19/2016 (Bilateral 6% dia, codes 5203, 5203, 5055, 5055) Not paid

[Buck52]

Wholly Mackerel

I won't attempt to help this veteran  its complicated more than complicated. (sorry Dave P)

Asknod ,Ms berta, broncovet or Gastone Pete992,and some others that are very knowledgeable with EED's.

Senior Members will need to chime in on this one. WOW!

OR I would recommend a good VA Experienced Attorney in EED.

jmo

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

[Dave P.]

Let me make this easier.  I'm retired, in 2004 my rating went over the 50%, needed for CRDP, for service connected reasons.  VA described this a Compensation Rating adjustment and Retired Pay adjustment.  Since this is retro active will I  get retro active pay as a retiree? 

In 2013 and 2014, I had total knee replacement on both knees.  Previously service connect and 10% rating.  Rating revised to 30% for both knees & bilateral 1.9 factor.  VA awarded temporary 100% disability  from August 10th, 2013 to May 1th, 2015, described as Compensation Rating adjustment, Specialty Monthly Compensation adjustment, and Retired Pay adjustment.  Since this is retro active will I  get retro active pay as a retiree? 

[Buck52]

I believe the regulations change in 2004 for CRDP? 

Try this link out...

http://www.military.com/benefits/military-pay/concurrent-retirement-and-disability-pay-crdp-overview.html

Dave   Ms berta  & Asknod and broncovet are pretty good about figuring out EED's

 Looks like to me if your at least 50% SC your going to get boo-coos of Back pay  even with Adjustments...what did the VA tell you on all this retro?

Its actually hard to give you advise not knowing the effective date on all your  S.C.  Disability's that are rated a 10% or higher &  note the eligibility criteria  for pay after you reach 50%

your going to need to take one at a time and figure out how the EED should be paid  with the Adjustments from your Retirement pay and the dates you were awared for them and what % they are now vs what they were.

Its to complicated for me...I'm just a Jr Member...

It should be a lot but don't to get your hopes up  after all the SUBTRACTIONS AND ADJUSTMENTS   You may owe the VA...Nah  I don't think that will happen.

Hang in there someone will help you out .

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

Edited August 19, 2016 by Buck52

[Buck52]

Dave P

Hadit.com / Blog Talk Radio show presents the Basser Hour Open Call in show. Friday, August 19, 2016 at 7:00pm eastern.

please call in ask VA Related Questions

 

Dave You should call into the hadit blog talk radio show tomorrow  8-19-16 at 7:00pm 6:00pm central

Here is the call in # 347-2378-4819  and then hit 1..give it a few seconds for Jerrel or John to Answer

you can ask them this question  and if they don't know they will sure find out for ya buddy.

 Remember tomorrow evening at 7:00 eastern 6:00 central

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

 

[HitemStraight]

I recently was awarded a rating and effective date back to when I was receiving retired pay. The VA computed the difference between the retired pay and the VA Comp rates back then, and paid me the difference in the retro award.

Don't know it that is an exact situation as yours, but it sounds similar.

Hope that helps ....

 

[Dave P.]

2 hours ago, HitemStraight said:

I recently was awarded a rating and effective date back to when I was receiving retired pay. The VA computed the difference between the retired pay and the VA Comp rates back then, and paid me the difference in the retro award.

Don't know it that is an exact situation as yours, but it sounds similar.

Hope that helps ....

 

HitemSt.  Thanks for your info.  Sounds similar to my case.  To all I'll call into the show tomorrow evening.   Okay for those who asked for more info here it is.  So far the VA hasn't said anything other than send the letter on July 22nd. 

I retired in 1997.  I received my first Rating Decision 09/1998 - 30%.  Effective  date 07/01/97.

Rhinitis, nasal fracture and sinusitis.  I has 6 sinusitis and septum surgeries on active duty - 10%

Cervical spine whiplash with traumatic arthritis and disc disease - 10%. .

Lumbar strain with traumatic arthritis and disc disease - 10%.

  Total 30% effective 07/01/97

Entitlement to temporary 100% for surgical right knee treatment for service connected surgery requiring convalescence.  100% from 2/02/98.

Service connected but with 0%: right heel spur, sleep apnea, bilateral knee degenerative osteoarthritis, left facial numbness, bilateral shoulder degenerative osteoarthritis, left hearing loss, right hearing loss, left foot metatarsalgia and heal tendonitis, pes planus and right foot nail puncture wound puncture with infection.   Rated 30% from 04/01/98.

 

I submitted another claim 08/10/2005.  Rating decision effective 08/10/2005, it added for a combined rating of 60%:

Diabetes mellitus type 2 from herbicide exposure - 20%.

Right and left knee degenerative osteoarthritis 10 % each;

Left shoulder degenerative osteoarthritis 10%.

 

Submitted another claim 04/19/2016, increased service connected rating to 100%.

Sinusitis, sphenoid increased 10% to 50%, effective 04/19/2014.

Obstructive sleep apnea  increased 0% to 50% , effective 08/30/2004.

Special monthly compensation granted 08/19/2013 to 05/01/2015.

Right knee post total knee arthroplasty 100% from 08/19/2013, then 30% - 10/1/2014.

Left knee post total knee arthroplasty 100% from 03/25/2014, then 30% - 05/1/2015.

Evaluations pending on restless legs left and right (service connected) and memory loss do to being on clonazepam from 1996 to 2016.

Hope this may help.

Edited August 19, 2016 by Dave P.