Scottish_Knight

Well this was odd indeed.  I wrote what I felt was a good explanation of VA disability compensation and added words in order to define it in comparison to the German system.  My tax advisor read it and felt it would suffice the German tax office.  I then contacted the VA by phone.  This time I was informed that the VA had no letter to support my situation.  I informed the woman at the VA what I wrote and read it to her.  She found it well written and offered to send me a blank VA document per email with the VA letter head and suggested I merely 'cut and paste'.  How odd is that!  I did so, and off it went last week.  It will take a few weeks before I hear back.  But I still find this unusual from the VA.  Cut and paste?  Truly?

Cheers!

As stated in my second post not trying to steer you the wrong way, you can let your tax adviser and the German tax office read over this information and see what will happen and take it from there and if they still don't understand you can contact the VA if they, the tax advisor and or the German tax office need something more specific you could contact the VA for a more specific letter explaining your retro payment.  There are times when the veteran can contact the VA and ask for a separate specific generated letter that the VA could write and or supply to explain their benefits.   

@blahsaysme2u, one of my favourite topics. First, it's going to heavily depend on which country you live, but most like no. Most would have difficulties justifying levying a tax on disability payments.  Germany where I live only wants to see the taxable income from my 1099. They care FA about VA pay and they don't tax my retirement pay. Only my income here.
Now secondly, you will need to file returns with the IRS regardless of where you live. The USA is one of only three countries, aye, three(!) that expect expats to declare their income. Eritrea is one of the others. No other country demands this. We do, though have a tax credit on earned income of up to ca. $70k. But the need to even pay tax to a country one does not live in....  near on thievery.  The US Government claims its all about the passport and capital gains. Rubbish!  

New information for (Vietnam) Navy vets.  Thought worthy of passing along.
 
Blue Water Navy - Nehmer 
The Department of Veterans Affairs (VA) announced it will readjudicate claims for Veterans who served in the offshore waters of the Republic of Vietnam during the Vietnam War.
This review is part of the Veterans Benefits Administration’s implementation of the November 5, 2020, U.S. District Court of the Northern District of California decision to readjudicate previously denied claims as applied in Nehmer vs. U.S. Department of Veterans Affairs.
Veterans who were previously denied service connection for an herbicide related presumptive condition due to lack of in-country Vietnam service will automatically have their claims readjudicated.
Readjudication means VA will review the evidence of record and provide replacement decisions in the cases of Veterans who were previously denied service connection for one or more herbicide related conditions on the basis that military service was not performed on the landmass of the Republic of Vietnam or on its inland waterways. This review will also apply to eligible survivors of deceased Vietnam era Veterans.VA is dedicated to ensuring all Veterans receive the benefits they have earned.
VA ensures that we have the proper resources in place to meet the needs of the Veteran community. Eligible survivors of deceased Veterans may also benefit from the policy and may be eligible for benefits based on the Veterans’ service.
Veterans who have a condition caused by herbicide exposure during military service can learn more about Agent Orange exposure at this website.

 

Right, my C-file arrived today on CD.  Aye, all 1285 pdf pages.  An absolute beast of a file.  So, current turn around time is roughly 5 months from date of receipt to posting out.  I'm not including the time it took to travel from the US to Germany.

EPIC! THIS WILL BE GAME CHANGER IF THAT EVER HAPPENS!!! 

The last time I was in the US, was 12 years ago.  To be honest, nothing proves difficult here.  I say that BroncoVet, but it could also be where I live.  Other countries could pose more difficult.  C&P exams are not difficult at all here.  I've traveled to Augsburg twice (hour by train) and Stuttgart once (about 1:45 by train).  Due to the Euro / Dollar exchange rate presently, the dollar is slightly weaker.  Due to not having lived in the US for anything longer than about 2, four-year stints, nothing is difficult or impossible. 

Just seems counter-intuitive to keep a passport for a country I haven't lived in for 33 years and never will.

This info from DFAS might help:
https://www.dfas.mil/retiredmilitary/manage/taxes/isittaxable/#:~:text=Concurrent Retirement Disability Payments (CRDP,CRDP is also non-taxable.
 

Scottish-Knight As you know, disability comp is NOT taxed. If we have a claim and use a claims agent or legal rep, they get their fees taken out  automatically. I don't know what FITW is, so need clarification as you are rated at 90% and that may come into play.

I had three claims this year, although not supplementals.  Two in February and one in May.  These were adjudicated on 12 August.  Off and on I would ring the VA (the 2411 #) to understand various things posted on the VA and Ebenefits websites.  I would fain stupidity, which was well received and they were quite helpful in updating me on the phone.

I recommend ringing the VA.  I cannot say about ringing Peggy directly (the 827-1000 #) as I am unable to call that from Germany.  But give them a ring and ask your questions.

Pittsburg VARO
As of May 2020
Director:  Jennifer Vandermolen
412 395 6008  phone
412 395 6005 Fax
email: jennifer.vandermolen@va.gov
Veterans Service Center Manager     Cynthia McJunkin 415 395-6083
( no email listed but it might be cynthia.mcjunkin@va.gov)

I assessed the decision-
but first to answer your question-your retro will be based on the Historic Rate charts that are available here under a search-you will need to subtract from them any comp you have already received. You have more than one  EED ( Earliest Effective date- that too must be considered
You said:
"Here is the rub - 20% disability was taxed and 50% is not."
You mean because the 20 is under CRDP?
  "Will the retropay I am to be awarded include the taxes I erroneously paid for those 11+ years?"
That, I believe is an IRS issue but the CRDP/CRSC links I gave you in this thread before can help- DFAS phone # should be there as well.
This is my assessment of the decision:
The # 1 CUE VA awarded has an EED of June 1, 20O9, the day after your discharge.
I feel this is a proper award -and correct EED The 40% is based on the same type of GSW (gun shot wound) that a Vietnam vet friend of mine had -
Gun shot wound to thigh ( actually he has 2 Purple Hearts but did want to claim the other one, it was minor compared to the main one.) 10 years after I got him a 100% P & T award ( nothing to do with the GSW award, he took my advise and applied for PTSD- and he got 50% right away. He now get 100% P & T (1151) and SMC.(direct SC)
The rating for PTSD is correct, in my opinion. That retro can only go back to April 1, 2021, due to the April 2021 C & P exam.
VA said Feb 22, 2021 was the formal date of the claim, but VA used the C & P exam date as the first evidence they had of your PTSD.
Others here might suggest you appeal that date.
In the other CUE  award ( # 2 and #3):
In my opinion, that is a proper SC rating. ***
The proper EED for tinnitus at 10% seems to be proper  (back to date of tinnitus claim)
I also believe the additional ratings ( Hip and thigh) are  correct.
*** The internet limits the amount of information we advocates can have----it would take a good review of ALL of your medical records to determine if some of these ratings are not correct.
The DAV, as your POA, might be willing to do that-they got credit for the award- but I suggest you consider using some of that retro for an Independent Medical Opinion on some of the ratings,if you feel the established medical evidence VA had when they made these decisions, was not properly considered.
You could file more CUEs on that-
Cue, I have repeated this here MANY times,
is NOT a "one shot deal" and a CUE can be filed on any decision, I filed Cues on awards letters ( one re: my daughter-a veteran-VA reversed the decision in 3 weeks,  and others regarding a decision I got the before I got the denial ( or award) one or two awarded in 3 weeks.
I hope the DAV is aware of the regulations in M21-1MR and 38 CFR on that. I think I even posted a jpg  my card here from  President Trump thanking me for those suggestions to the VA Secretary - which have already  helped MANY.
I bring that up because in 1998 a vet rep told me I had no CUE basis in a 1998 award letter. Like a dope I believed him but it still bothered me. In 2003 I filed multiple CUEs on the award letter- they were all won... by 2010.
My daughter's CUE was with a NOD , I prepared for her tocopysign and send to them, VA Edu, on a award of DEA. The VA Educational Department is an oxymoron sometimes because they failed along with receipt of her DD 214 and their own regulations, in the decision,to properly award her 7 years of DEA. They gave her one month of DEA and the NOD/CUE I wrote was Scathing.
Fixed in 3 weeks by VA Edu. 
I repeat this crap VA pulls from time to time because they get away with this stuff if we dont fight back.
VA EDU did pay for half of my degree at AMU so , at that point, someone there knew how to read.
 
 
 
 
 

Winning has nothing to do with it.  It's simply a medical examination.

In 2017, I underwent surgery to have one of the screws in my leg removed due to the pain it caused from being broken.  The screw, along with three others, were inserted in 2001 and is SC from a gunshot wound. 

Earlier this year, I went back to the German civilian surgeon with CDs showing all x-rays from 2001 - 2020.  He provided a letter stating his opinion on my injury both historically and currently.  We called it a check-up examination.  Now, keep in mind that I'm in Germany were medical matters are not expensive.  I was billed roughly 80 Euros.  I submitted to both Tricare and the VA during my current claim to which that letter is a part.  The VA reimbursed me about 60 Euros.  Tricare didn't due to the dollar amount and the deductible.

I understand going directly to VA hospital or VA approved physician is easy.  One need not worry about the billing.  Simply go, undergo treatment and leave.  I don't have that luxury as there are none near me.  Stuttgart is about a 3.5-4 hour drive.  Non-starter.  But I get, perhaps, better medical care.  Aye, the bills come to me, which I need to pay and then submit to Tricare or the VA for reimbursement.  But if I did live in the USA, I would most like do the same.      

Many of you received this email from the VA ( I hope)
"Veterans from all eras are reacting to the events in Afghanistan, such as the U.S withdrawal and the takeover by the Taliban.
You are not alone.
Veterans may question the meaning of their service or whether it was worth the sacrifices they made. They may feel more moral distress about experiences they had during their service. It’s normal to feel this way. Talk with your friends and families, reach out to battle buddies, connect with a peer-to-peer network, or sign up for mental health services. Scroll down for a list common reactions and coping advice.
Resources available right now
Veterans Crisis Line - If you are having thoughts of suicide, call 1-800-273-8255, then PRESS 1 or visit http://www.veteranscrisisline.net/
For emergency mental health care, you can also go directly to your local VA medical center 24/7 regardless of your discharge status or enrollment in other VA health care.
Vet Centers - Discuss how you feel with other Veterans in these community-based counseling centers. 70% of Vet Center staff are Veterans. Call 1-877-927-8387 or find one near you.
VA Mental Health Services Guide - This guide will help you sign up and access mental health services.
MakeTheConnection.net - information, resources, and Veteran to Veteran videos for challenging life events and experiences with mental health issues.
RallyPoint - Talk to other Veterans online. Discuss: What are your feelings as the Taliban reclaim Afghanistan after 20 years of US involvement?
Download VA's self-help apps - Tools to help deal with common reactions like, stress, sadness, and anxiety. You can also track your symptoms over time.
Tragedy Assistance Program for Survivors (TAPS) -  Request a Peer Mentor
VA Women Veterans Call Center - Call or text 1-855-829-6636 (M-F 8AM - 10PM & SAT 8AM - 6:30PM ET)
VA Caregiver Support Line - Call 1-855-260-3274 (M-F 8AM - 10PM & SAT 8AM - 5PM ET)
Together We Served -Find your battle buddies through unit pages
George W. Bush Institute - Need help or want to talk? Check In or call:1-630-522-4904 or email: checkin@veteranwellnessalliance.org
Elizabeth Dole Foundation Hidden Heroes - Join the Community
American Red Cross Military Veteran Caregiver Network - Peer Support and Mentoring
Team Red, White & Blue - Hundreds of events weekly. Find a chapter in your area.
Student Veterans of America - Find a campus chapter to connect with.
Team Rubicon - Find a local support squad.
Common Reactions
In reaction to current events in Afghanistan, Veterans may:
Feel frustrated, sad, helpless, grief or distressed
Feel angry or betrayed
Experience an increase in mental health symptoms like symptoms of PTSD or depression
Sleep poorly, drink more or use more drugs 
Try to avoid all reminders or media or shy away from social situations
Have more military and homecoming memories
Veterans may question the meaning of their service or whether it was worth the sacrifices they made. They may feel more moral distress about experiences they had during their service.
Veterans may feel like they need to expect and/or prepare for the worst. For example, they may:
Become overly protective, vigilant, and guarded
Become preoccupied by danger
Feel a need to avoid being shocked by, or unprepared for, what may happen in the future
Feeling distress is a normal reaction to negative events, especially ones that feel personal. It can be helpful to let yourself feel those feelings rather than try to avoid them. Often, these feelings will naturally run their course. If they continue without easing up or if you feel overwhelmed by them, the suggestions below can be helpful.
Strategies for Managing Ongoing Distress
At this moment, it may seem like all is lost, like your service or your sacrifices were for nothing. Consider the ways that your service made a difference, the impact it had on others’ lives or on your own life. Remember that now is just one moment in time and that things will continue to change.
It can be helpful to focus on the present and to engage in the activities that are most meaningful and valuable to you. Is there something you can do today that is important to you?  This can be as an individual, a family member, a parent, or a community member. Something that is meaningful to you in regard to your work or your spirituality? Such activities won’t change the past or the things you can’t control, but they can help life feel meaningful and reduce distress, despite the things you cannot change.
It can also help to consider your thinking. Ask yourself if your thoughts are helpful to you right now. Are there ways you can change your thinking to be more accurate and less distressing? For example, are you using extreme thinking where you see the situation as all bad or all good?  If so, try and think in less extreme terms. For example, rather than thinking “my service in Afghanistan was useless” consider instead “I helped keep Afghanistan safe.”
Finally, consider more general coping strategies that you may want to try including:
Engage in Positive Activities. Try to engage in positive, healthy, or meaningful activities, even if they are small, simple actions. Doing things that are rewarding, meaningful, or enjoyable, even if you don’t feel like it, can make you feel better.
Stay Connected. Spend time with people who give you a sense of security, calm, or happiness, or those who best understand what you are going through.
Practice Good Self Care. Look for positive coping strategies that help you manage your emotions. Listening to music, exercising, practicing breathing routines, spending time in nature or with animals, journaling, or reading inspirational text are some simple ways to help manage overwhelming or distressing emotions.
Stick to Your Routines. It can be helpful to stick to a schedule for when you sleep, eat, work, and do other day-to-day activities.
Limit Media Exposure. Limit how much news you take in if media coverage is increasing your distress.
Use a mobile app. Consider one of VA’s self-help apps (see https://www.ptsd.va.gov/appvid/mobile/) such as PTSD Coach which has tools that can help you deal with common reactions like, stress, sadness, and anxiety. You can also track your symptoms over time.
PTSD Coach Online. A series of online video coaches will guide you through 17 tools to help you manage stress. PTSD Coach Online is used on a computer, rather than a mobile device, and therefore can offer tools that involve writing.
If you develop your own ways of adapting to ongoing events and situations, you may gain a stronger sense of being able to deal with challenges, a greater sense of meaning or purpose, and an ability to mentor and support others in similar situations.
AFghanistan
Afghanistan: How Veterans can reconcile service"
READ MORE
VetCenter
Afghanistan: How Veterans can learn from Vietnam Veterans"
READ "
----
The VA Blog has a separate statement-
Afghanistan: How Veterans can reconcile service | VAntage Point
 

I agree with Scottish Knight, especially "the VA is clueless".   Are you wearing hearing aid(s)?  
In a nutshell you take the "Average".  To determine the average, add up the numbers the audiologist wrote on "1000", 2000,3000,and 4000.  
Then divide that total by 4 to determine average.  
I will do it for your right, you do the left:  (from your chart). 20 plus 50, plus 55, plus 65 equals 190.  Divide by 4 is 47.5 (use 48).  
So your average for right is 48.  
You then use your speech discrimination percent on the bottom of the chart for each ear.  Then you can plug into chart and get your disability percentage rating.  
Im teaching you to do it rather than just do it all.  

It says you are missing "Caluza element number 2"...an "in service event or aggravation", and, Caluza element 3, Nexus.  
In a nutshell, you need to appeal to the BVA, like about 80% or so of the other Vets who were denied and have to appeal.   
You "may" need an IMO/IME with clearer nexus which would point to the in service event.  
Welcome to the VA hamster wheel of delays, denials, lowball, and hornswaggling the effective date.  You have to keep fighting. 

“According to the latest data, the VA made 85,451 Board Legacy Decisions and 17,202 Board AMA decisions in 2020.
Of the Board Legacy Decisions:
33.8% claims were allowed
40.6% percent of them were remanded (sent back for reconsideration)
20.3% were denied
Of the cases decided by a Board AMA:
37% were allowed
28.2% were remanded
27.6% were denied”
https://disabilitydenials.com/blog/va-disability-appeal-success-rate/

The problem is with BVA appeals, about 37% of appeals are issued grants. This means too many initial claims were denied, which should not have happened in the first place.
From my experience, the VBA has claims adjudicated as fast as possible but dumping it on the BVA appeals process to do the heavy lifting. Thus, creating a huge backlog.
 

Oddly enough, I disagree with the length of time argument.  At present, there are roughly 2.4m military members across all five branches, active duty, reserve and guard.  Due to the recent military actions - Afghanistan, Iraq, Bosnia, Kosovo, Africa locations loads are being 'medically retired', and although the US Military has downsized over the past decades, the length of time to process a service connected disability claim has become faster.  Factor in the amount of appeals and CUE claims.  It has sped up mostly due to the use of computers, the decision has become faster.  

In 2009, from start (last medical exam) to finish (decision) for me was five months.  Now it's a matter of weeks -  depending on complexities.  However, with speed comes mistakes.  I would rather the VA take their time and be thorough.  I'd happily wait an extra month or two in lieu of having to do through the process of an appeal.  I'm going to get the money and disability status regardless.

The problem lays with appeals.  This is the problem, more than any other.  When one factors in the number of initial claims and then adds to that the amount of appeals, this makes the process slower.  It's double or sometimes triple work for the VA.  If I had any power at all, I would want to look historically at the number of claims per year and the number of appeals and follow those appeals to their final decisions.  That, to me, would be the tell-tell sign of how competent the average VA claims rep is.  There are simply too many appeals, because the claims officers are sacrificing thoroughness for speed.

Hypothetically, if 40 percent of yearly appeals were positively awarded to the veteran, what would the average time-savings be to the VA and the veteran?  Double and triple in most cases.  I feel the VA has no initial higher-review system in place.  The claims rep makes a decision and it's done.  An extra 30min per claim (higher-review) to lessen the amount of appeals would be an overall win.

The VA really should spend some time researching a means to lower the number of appeals.  Will it?  Most like no.

  

Pretty stocked and can't wait to get this info and share it.
I recently submitted an iris claim asking about the 10 day policy of waiting after letter is sent with a decision and why they can't make it available online immediately and rationale for their policies etc.
 
I've spoken to 2 people so far at the Peggy line and both have said that they are jealous (one actually is asking to have the info sent to their management team) of the information being put together for me and that they hope I like to read. One told me I better share this info with other veterans as well so my hopes are high for some really great information to share.
Hopefully more to come by end of next week at latest.

If I end up going FOIA route to get the information would anyone be interested if I started a thread that chronicled the process? I've never done one before.

Be happy that you receive COLA.  I know that's easier written than done, but I receive no COLA.  We are punished when we stay overseas.  I get neither COLA nor is my dental covered under tricare.  Don't even get me started on the tax matter.

Right then,

for reasons I can't grasp, Confusedvet1 started a thread that I am unable to comment in.  Regardless, most of us know and understand how the retro pay works.  However, some will feel that the pay should be based upon current rates and not historical rates.  It is an understandable thought or concept, however incorrect.

Simply the term 'retroactive' alone defines how the pay would be calculated.  This offers a good example in everyday situations.

The VA offer nothing regulatory regarding how retropay is computed.  I've also looked at DFAS and DoD 7000.14-R (Financial Reg) as well as within other government agencies and departments involving the military (AD, RES and Retired), but there is very, very little. 

I have, however, found some other links that will prove helpful.  This offers some examples, but sadly without regulatory or law citations.

5 USC, § 5596 (b)(1)(A)(i)  (Law)

Also...

5 CFR § 550.805 (Regulatory)

While both of these are directed more towards civilian and not military, keep in mind that the US Government works nearly the same across the board in numerous areas.  A GS12, step 6 will receive the same pay regardless if FBI, DoE, DoI, etc.  Contracting is the same for all US Government agencies and departments and are covered by the FAR.  It therefore stands to reason that back-pay or retro-pay is going to be handled and treated the same throughout the US Government regardless of agency or department. 

https://www.va.gov/vetapp20/files6/20042814.txt
In part- you have to read the whole thing----it is a Beauty, retro back to 1996!!!!!!
"The Veteran’s allegation of CUE centers primarily upon whether the RO correctly applied the presumption of soundness provisions under 38 U.S.C. §§ 1111, 1132. The statute provides that the Veteran will be considered to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at entrance into service, or clear and unmistakable (obvious or manifest) evidence demonstrates that an injury or disease existed prior thereto and was not aggravated by such service. Only such conditions are recorded in examination reports are to be considered as noted. 38 U.S.C. § 1111, 1132; 38 C.F.R. § 3.304(b).
Concerning the lumbosacral spine, the 1988 x ray findings of early arthritis post-dates the MVA in 1987 and the 1984 electrical accident.  Notwithstanding, the medical evidence of record at the time of the 1996 rating decision does not suggest or establish that the Veteran injured his back as a result of the electrical accident.  In addition, the 1988 x ray results bear a notation that they were taken status post MVA one week ago and reference complaints of back pain over entire back.  The findings of arthritic changes themselves were described as minimal and early, but not acute.  Thus, and in context of the Veteran’s reported inservice injuries and his report to the 1996 VA examiner that his back pain began in active service and had persisted to that time, the Board finds that the preponderance of the evidence is supported a finding that the lumbosacral spine disability diagnosed in 1996 is causally linked to the inservice lumbosacral spine. 
Accordingly, revision of the December 12, 1996 rating decision is appropriate.  Service connection for thoracic and lumbosacral spine disability is granted, effective October 10, 1996, the day the claim for service connection for a back disability that was the subject of the December 12, 1996, rating decision was received."
 
 

You are 100% correct... on the AMA part, but the first sentence here is not.

I understand your frustration, anger, disappointment, etc.  I truly do.  Each and every veteran goes through this and has nothing to do with us or rarely.  One could drop a 10 tonne piece of evidence in the lap of a VARO, and they'd overlook it.  The VA uses medical personnel (mostly) who have zero business practicing medicine.  Moreover, the VA has been a mess as long as it's existed and congress do little to fix it.
Again, your anger is understandable, just misdirected.