Jamezam

All I know is that I’m TDIU P&T and currently rated 50%, 40%, 10%, 10%, 10% for an 80% combined scheduler rating. Haven’t even considered SMC.

Thanks GBArmy, My original MH claim was filed June 2015, denied June 2016. No, I don't have another MH condition claim/rating currently. It makes sense the VA is not going to give you backpay for TDIU/100% and then backpay for other overlapping, rated conditions. My high IQ logical brain says, no you were back paid at the highest (TDIU) level. My idiot, tired, in pain brain says, yeah but maybe there's some law that says you have to be paid separately for each condition, even with overlap. LOL You know VA math, 10 + 10 = 15... So really, my upcoming exam is just for a higher com

Not sure if this is a dumb question or not. I was rated for TDIU in July 2020, effective 2014. I have an appeal on another claim from 2015. Does going to an exam to get rated for your claim even matter? I’m asking because I have an exam with VES this Wednesday. I’m currently rated at 80% combined. If VES exam results in positive outcome, should receive 70% for depression and anxiety as recommended by IMO doctor report and his DBQ. I’m just wondering if you would still receive backpay if you’re already rated at TDIU level. My brain says no because I’m being paid at high

Thank you Berta... I believe the whole confusion about CUE's being filed after a decision being final, is as simple that has always been the assumption because we Veteran's follow the file new claim>receive denial>appeal>receive denial again, whether from RO or BVA. Then we go looking for errors. After viewing M21-1, Part III, Subpart iv, Chapter 2, Section B - Revision of Decisions and 38 CFR § 3.105 - Revision of decisions. I don't see any language which states a decision must be final in order to file a CUE. III.iv.2.B.1.d. Binding but Not Finally Adjudicated Claims stat

I've read that the decision being challenged must be a "final decision" when filing a CUE. So I guess my next step is to file an appeal. If you do a higher-level review you can't submit new evidence. Would sending a statement in support of claim, C&P payment history, and an excel spreadsheet showing the retro pay discrepancy be considered new evidence? That is, should I just appeal to the BVA?

Thanks Broncovet, I’ve searched for three days trying to find any information about the financial office at the Seattle VARO. Read all posts on Hadit for tips. Filled an appeal so far, but want to find person who will take real action.

But how exactly did you request an audit? VARO, OIG... Thanks!

That’s what I thought and that’s what I did. I went back to the effective date (2014) and calculated each year’s rates and deducted my rating at the time. The VA appears to be off by $40k in my favor. Guess I’ll look up the HLR for EED process. Thanks GBArmy…

Hello everyone, I just received an increase to 50% for my migraine headaches (Thank you Dr. Valette) in June 2020 and TDIU in July, effective date for both is March 11, 2014. My questions are: 1. Am I correct that the VA subtracts the amount I was rated at in 2014 from the total amount of my migraine/TDIU retroactive pay? 2. What do I do, if no matter how I calculate my retro (calculated using past VA Compensation charts and a few online back pay calculators) the VA past-due is amount is wrong?

pacmanx1, I filed for TDIU in 2018 as soon as the BVA increased my Scheuermann’s rating and asked VBA to rate my migraines. I specified Scheuermann’s for TDIU, I just had migraine rating increased to 50%, and pending mental conditions claim. Could be 5/10/20 year review? I also have BVA remands and appeals in the works Who knows, but can’t imagine taking until April 2021/2022 for the TDIU. Thanks pacmanx1…

I just noticed the same thing on va.gov and eBenes this morning. There is a new claim, for a condition I was already service connected for in 2016, effective date 2014, and new effective date and increase per BVA 2018. And, now, suddenly a new claim, with completion a date 2021/2022? I have a pending supplemental claim for mental disability and a TDIU claim, maybe there all related?

broncovet, thanks, Well I have one doc's DBQ from 2015, stating "After reviewing Mr. Murphy's service and private medical records and diagnosis', I can confirm that it is more likely than not that his headaches and migraines are associated with Mr. Murphy's military services, aggravated by and contributed to by his on going back and neck conditions. My other doc (Dr. Valette) IMO Clinical Opinion states. "The veteran’s migraine headaches are underrated at 0%. With the symptoms noted in his records and in his personal statement his migraine headaches should be rated at 50%. And, the H

Thanks Buck52.

Thanks pacmanx1. Right, and of course, I can't expect others to understand my post' if it doesn't make sense to them. VA form 20-0996 doesn't apply to me, because my previous claim has already been to the BVA. So, it's off to the BVA again...

Pacmanx1: That's just it, there is absolutely no VA Form 21-0966 on my Mac or in any of my documents on eBenefits and there is no prior claim for an increase in migraine headache rating. BVA remanded to VBA in 12/2018, VBA finally made a decision in 12/2019. I appealed said decision 01/2020. Point being I would not file a 21-0966 when I am appealing a previous decision. deedub75: No where can I find an initial rating decision from the VA, after the BVA remanded my migraine headache claim back to VBA in 12/2018. I have a VA decision letter from 12/2019 stating "Evaluation of migraine heada