Will the VA give you backpay for the rate of the disability or your overall rating of combined disabilities?

[kent101]

If I'm 70% disabled as of the last year but had an appeal on a disability from 5 years before my 70% disability will I be back paid for that disability from 5 years ago in full or will it be only the combined disability that I'm back payed for? Say that disability from 5 years ago is granted and it's 30%. Now when I combine the 70% with the 30% it comes out to 80%. If I only get back payed for the extra 10% for 5 years I'm only getting around $210 a month in back pay. If I got back payed for the 30% disability I would get around $400 a month. Will the VA back pay all those years I had no disability at the $400 a month or will they say that now I'm only 80% disabled and I only get $200 a month for all those years of back pay?

[Gastone]

It will be what they (the VA Raters) call a Staged Rating, taking into consideration what your Combined SC Comp rate should have been for the period in question. The difference between what you should have been paid and what you were paid, will be your Retro.

The Retro will hit your Bank well before the actual Award Letter. As soon as you get the Award Letter, confirm that you agree with the Retro Dates. If you determine there is an error, supported by the "Evidence of Record," file an FDC Request for CUE Review of the Retro Award Dates ASAP. 

Semper Fi

[Berta]

Great Gastone, I sure agree with your advice!

This is called also a Fenderson rating....Fenderson can be searched here.We have discussed that as to staged ratings in the past.