Question for the experts

[vet90]

From 2009 I was receiving Pension. In 2015 I started receiving compensation. I'm currently rated at 70%. My question is: I have an appeal in for EED of 2009 for increased rating, will I be entitled to retroactive pay from 2009?

[Andyman73]

1 hour ago, vet90 said:

From 2009 I was receiving Pension. In 2015 I started receiving compensation. I'm currently rated at 70%. My question is: I have an appeal in for EED of 2009 for increased rating, will I be entitled to retroactive pay from 2009?

If your EED is valid, and granted, then that will become your official start date of your compensation.  You will get the amount of retro due to you.  If you were already receiving comp at that point, and the EED increases the rate, you would get the difference between the initial amount and the increased amount.  However....if your 2015 comp was your initial comp, then you would get the full amount of what rate your EED awards you.

For example, if you were rated at 30% from '09, and then increased to 70% in '15, and your EED grants you retroactive bump to 70% back to '09, you would get the difference between the 30 and 70% rates. On the other hand if your EED grants you 70% as your initial rate from '15 back to '09, your retro $ would be the 70% from '09 to '15.

I hope this didn't cloud your mind too much.

Semper Fi

[vet90]

I received 30% in 2009 but because the pension paid more I still receive pension. Then in 2013 my service connection went to 50%. Again pension paid more. Then in 2015 I received increased ratings for IBS from 10% to 30%.

Fibromyalgia from 20% to 40%. These increases along with MDD at 30% gave me a combined rating of 70% and I started receiving compensation instead of pension. Then EED appeal is for IBS and Fibromyalgia originally filed in 2009. All the evidence ( STR, treatment notes, C&P ) was available to warrant the highest ratings for each condition.