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 combined rating, which I'm fine with. Just nice, that this may finally be my last VA exam as I am finally considered to be TDIU T&P. Thanks again GBArmy.

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 highest level already. Guess wishful thinking part of my brain hopes for additional backpay.

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 states: A claim that has not been finally adjudicated (which includes claims where a binding decision has been issued but the appeal or decision review period has not expired) is still considered a pending claim under 38 CFR 3.160(c). A pending claim simply being a claim which has not been finally adjudicated. THEN... III.iv.2.B.1.e. Revising Binding Decisions states Use the table below if revising a prior decision that is binding as defined in M21-1, Part III, Subpart iv, 2.B.1.b to determine which revision authority(ies) can be applied. THEN... If … "the Veteran filed a timely legacy notice of disagreement (NOD), and elected de novo review in a timely manner..." Then the decision may be revised … when a clear and unmistakable error (CUE) is identified, There is then language over and over in the chart which states "...when a CUE is identified" THEN in... 38 CFR § 3.105 - Revision of decisions (2) Error in binding decisions prior to final adjudication. Prior to the time that a claim is finally adjudicated, previous decisions which are binding will be accepted as correct by the agency of original jurisdiction, with respect to the evidentiary record and law existing at the time of the decision, unless the decision is clearly erroneous, after considering whether any favorable findings may be reversed as provided in § 3.104(c). My lay person point is that there is language everywhere within M21-1, Part III, Subpart iv, Chapter 2, Section B - Revision of Decisions that clearly states a CUE is a viable option when a claim is "binding"! And, 38 CFR § 3.105 - Revision of decisions clearly states CUE's are viable prior to finally adjudicated claims!

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 Headache DBQ by yet another doc doesn't give specifics migraines increased in severity or frequency. Anyway, I just got back from the PO to priority mail VA FORM 10182 to the BVA, since they have all my NOD's, remanded my migraine headaches back to the VBA for a rating, said rating I filed NOD w/BVA 01/2020. I'm just thankful to finally have a legitimate rating for my migraine headaches. Dr. Valette provided me with a Mental Disorders (other than PTSD and Eating Disorders) – DSM V Disability Benefits Questionnaire and 22 page report in support of my migraine headache increase, Generalized anxiety disorder and Depressive disorder due to service-connected medical conditions. Hopefully, the TDIU that the BVA remanded to the VBA will go through now, as of course the VBA denied because they erroneously (I'm sure not on purpose) rated my migraine headaches 0%.

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 headaches (also claimed as visual color changes, ocular migraines), which is currently 0 percent disabling, is continued." However, they never sent me an initial rating decision prior to 12/2019, otherwise, I would have appealed it earlier. Timeline: BVA remand to VBA 12/2018. VBA decision letter 12/2019 (0% rating migraine headaches). NOD 01/2020. New and material evidence submitted 06/19/2020, new 50% migraine headache rating 06/29/2020. Decision letter received 07/06/2020. The VA had me as 0% service-connected for migraine headaches 3.2014, prior to my most recent increase. So, my belief is, since I appealed the 0% migraine headache rating in 1.2020, I must be able to appeal for an earlier effective date. Can't hurt to try, and at least I finally have a legitimate rating, while I'm waiting for the effective date saga to play out... Thanks everyone...

Thanks brokensoldier244th, I NOD'd/appealed the initial 0% rating. Part of my confusion is, if they are going off the date of the claim for increase, that would 06/19/2020. But they choose effective date of 02/2020. And because I NOD'd the 0% rating, I'd think that would preserve my original 2016 migraine headache claim filing date?

This post is in reference to an effective date for Migraine Headaches secondary to a Service-Connected condition. 1. I filed migraine headache claim 2015 or 2016, claim denied. 2. Filed a NOD went to BVA, BVA remanded back to VBA to (Take necessary action to implement the grant of service connection for headaches). 3. VBA assigns 0% rating. 4. I then filed for an increase obtained with an IMO report and DBQ (Thank you, Thank you, Thank you, Dr. Valette!). 5. VA increased Migraine Headaches to 50%, effective date 02/27/2020. My question is, are secondary conditions and their effective dates and appealability, any different than a Service-Connected condition? I'm confused because the BVA made their decision in 2018, the VBA origionally assigned a 0% rating effective 03/11/2014. I do not understand the 02/27/2020 effective date, it seems to be ambiguous and I can't find anything stating why the VBA choose that date... Thanks in advance friends... VA Decision Migraines.pdf

Thank broncovet, the VA received my NOD on January 31, 2020. Although IRIS and Peggy are pretty much worthless, maybe, just maybe they can tell me why it's not showing up on va.gov. LOL Yeah right. I'd lay down money that the IRIS/Peggy answer will be "We show we received your NOD on 1/31/2020 and it takes time to show up on va.gov." Anyway, thanks for the reply. Buck52, I'd thought I'd read that all VARO's are closed because of COVID-19.

When a claim is denied and you file a NOD, why is it, the appeal(s) does not show up in va.gov? I'm not talking about how long the appeal process takes, I'm talking about NOT being able to see an acknowledgment from va.gov/VARO that they've received your appeal(s). Yes, I always mail VA stuff priority mail with signature request.

This original post was in January 2020. And, in reference to the va.gov website not eBenefits. They (VA) have planned outages every weekend. I was following up with the OP to see if he/she was able to submit her claim...

blahsaysme2u, did you ever get your pending application error resolved? I filed a complaint with the OIG and Section 508 board. "The Department of Veterans Affairs is in violation of Section 508 of the Rehabilitation Act of 1973 (29 USC § 794d)." I actually had a teleconference with the folks behind the programing on va.gov. In my case, the application process was being held up because the system was erroring out because it was trying to add Army Reserve dates, and I've never been in the Army Reserves. Anyway, during the call we found the bug and the folks who do the programming, fixed the error.

UPDATE: I contacted the White House VA Hotline (thanks everyone for that suggestion) and was beyond shocked they were helpful. In fact they connected me to a live person at 800-827-1000. So the current status is that the BVA is questioning the VARO about why they denied TDIU and have re-remanded back to the VARO and requested a SSOC. Meanwhile, a DRO is currently reviewing all of my information, my newly submitted evidence, and my NOD from January 28, 2020. As far as the missed appointments, VetFeds claim they attempted to contact me several times via phone and by supposed letter. The person I spoke to stated my phone number and address are correct in their system. I've never had any issue with QTC or VES and don't understand the VA constantly switching contractors. None-the-less, I still plan to challenge the examinations with support from Resolving the Ambiguities in 38 C.F.R. § 3.655 An Analysis of the VA Regulation Governing the Failure to Report for an Examination and Unwarranted Medical Reexaminations for Disability Benefits. It's my opinion that mine is a great example of clearly having all the evidence needed to qualify for TDIU, having just had three examinations within months of the VA requesting more examinations for the same claimed conditions, and the VA erring in there application of the M21-1 Compensation and Pension Manual and CFR's.

Thanks everyone, I've had food poisoning for four days now and no sleep in three nights. I'll keep this post updated when I can digest everything.

I've been at the same address for 10 year and I have never missed a notification of exam, and I've never missed an exam. As I asked Brocovet, do I have to sign a POA to have a VSO look at my VBMS. What's the easiest way to view my VBMS without having to deal with an argumentative unhelpful VSO? I've read some horror stories about certain VSO's... Thank you...

I had applied for TDIU, based on the BVA stating "VA treatment records have raised the issue of TDIU as part and parcel of the claims for increased rating;" After completion of the above, adjudicate the issue of entitlement to TDIU. If the benefit sought remains denied, furnish a supplemental statement of the case and then return the appeal to the Board, if otherwise in order." My question is, where is the BVA in all of this? I've not had any correspondence from them since December 2018. Is the rating board the VARO or BVA? I submit everything I feel will help my claims, but a lot of it always seems to go wayside. The BVA makes no mention of the VOC-REHAB letter and they did not take into account my SSDI, I'm assuming because my SSDI decision was the very end of November 2018 and my BVA decision was December 18, 2018.