Jump to content
  • Searches Community Forums, Blog and more

  • 0
Berta

New Ao Regs

Question

On page 8 of the htm of the new regs it says:

Retro estimated at $12,286,048 *

Then the asterick adds:

"Retroactive benefits costs are paid in the first year only."

????

They actually estimate that 11 years of retro are going to be an average payment due veterans under this new reg-figuring an estimate of past denied claims-

but I cannot comprehend the 'first year only' phrase-

I wonder if it means no retro will be paid unless claim is filed within a year?That would be BS pure and simple.

I guess I better read this real good and comment at Fed Register on it-

Page 9 is a doozy- "of the total 52,918 currently on the rolls ,8,348 are currently rated 100 percent disabled and ,therefore,would not likely receive a retroactive payment."

Say what?

If a vet is currently 100% for PTSD- their IHD (which VA averaged at a possible 60%SC for many claimants in this reg)

then 60% for AO IHD as an independent SC disability - would put them into retro SMC.

what do they mean no retro-with the new SC then the SMC would have to be an inferred issue under Nehmer-

I know the vets lawyers are pouring over this as well as vet advocates-and these are the questions that must be raised.

any thoughts here on these aspects of VA's Proposed rule?

Share this post


Link to post
Share on other sites

Recommended Posts

On page 8 of the htm of the new regs it says:

Retro estimated at $12,286,048 *

Then the asterick adds:

"Retroactive benefits costs are paid in the first year only."

????

They actually estimate that 11 years of retro are going to be an average payment due veterans under this new reg-figuring an estimate of past denied claims-

but I cannot comprehend the 'first year only' phrase-

I wonder if it means no retro will be paid unless claim is filed within a year?That would be BS pure and simple.

I guess I better read this real good and comment at Fed Register on it-

Page 9 is a doozy- "of the total 52,918 currently on the rolls ,8,348 are currently rated 100 percent disabled and ,therefore,would not likely receive a retroactive payment."

Say what?

If a vet is currently 100% for PTSD- their IHD (which VA averaged at a possible 60%SC for many claimants in this reg)

then 60% for AO IHD as an independent SC disability - would put them into retro SMC.

what do they mean no retro-with the new SC then the SMC would have to be an inferred issue under Nehmer-

I know the vets lawyers are pouring over this as well as vet advocates-and these are the questions that must be raised.

any thoughts here on these aspects of VA's Proposed rule?

Do you think I have a chance Berta? this is Loma Linda Bill

Share this post


Link to post
Share on other sites

Ad


It is my understanding that a retroactive SMC amount would come from the SMC budget and not the IHD/AO budget.

Perhaps this is what they mean by 100% are not likely to receive a retro payment, note the word likely, because for some they may have claimed IHD/CAD and been denied way before they got their 100%, in which case they are entitled to retro.

I think "maybe" that "Retroactive benefits costs are paid in the first year only", doesn't mean "for the first year only",

"I wonder if it means no retro will be paid unless claim is filed within a year?That would be BS pure and simple." Yeah your right, because other laws would not let this fly. As you know Nehmer would apply, and so would the inferred aspects of SMC so it can't possibly mean what it seems to. I wonder if it makes more sense in context with the whole text. I will have to make time to sit and read through this.

Edited by hawkfire27

Share this post


Link to post
Share on other sites

Yes it is easy to do and I have commented on proposed regs before-

your command to JUST DO IT does not apply to me.

I was only interested if anyone else here at hadit who had read the regs had a different take on the retro part that I questioned.

Many veterans advocates have been 'speculating' about this reg for months now.It hasn't been a waste of time to speculate.

And of course, just like any SOC or VA decision- we are pouring over the regs word by word in order to prepare a concise and probative comment.

I will take a few days off here to prepare mine.

I want to discuss the reg with a few vet's lawyers before I comment.

Edited by Berta

Share this post


Link to post
Share on other sites

Berta,

I may be misunderstanding the listing, but the VA knows how many retro claims there will be, and how much it will cost them. I think they look at that as a cost due in total. but once retro claims are paid there will not be anymore retro to pay. I think they are lumping all the retro in the first year cost. Does that make any sense???

Just my two cents worth.

Pat

Share this post


Link to post
Share on other sites

I would to add comments to Reg as well could you assist in guiding in the process. Also someone commented about the retro for veteran who were already rated 100% for PTSD. What impact does IHD have on that someone mentioned something about 60%. I don't quite understand.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 17 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • latest-posts-activity.pngstart-new-topic.pngsearch.png

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines