Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
Read Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

GulfWarVet1990

Second Class Petty Officers
  • Posts

    74
  • Joined

  • Last visited

  • Days Won

    2

Reputation Activity

  1. Thanks
    GulfWarVet1990 reacted to broncovet in Entitled to Backpay if Legacy Claim is Adjudicated and Veterans is Already 100% SC   
    Its quite possible, but its up to the judge.  "If" the judge decides you were disabled "earlier" on the newly applied disability, then yes you could/should get back pay.  Its all gonna depend upon the facts of your case, and we have not reviewed your file.  
    In my case, I was 100 percent effective date 2006.  I was appealing tdiu.  Eventually I was granted tdiu, effective date 2004, so I got 2 years of 100 percent back pay.  Of course, the details of my case are far different than yours.  
    The effective date (which determines back pay) is the later of the facts found (which generally means the date the doc said you were disabled) or the date you applied.  I dont know what date you applied, and I dont know when the doc said you were disabled.  There are, however, multiple exceptions to this general effective date rule.  
    Some of the exception to the general effective date rule are:
    1.  If you applied for benefits within a year of exit from service.  
    2.  If this was an application for increase.  (you should get an extra year)
    3.  If new or relevant evidence was involved. (38 cfr 3.156).  I have no idea if you submitted new evidence within the one year period or not.  Example:  Lets say you went to a c and p exam on Dec. 1, 2023.  The doc said you were disabled but did not give a date.  So, the VA used Dec. 1, 2023 as the "facts found" date.  You hire a smart attorney.  He notices..Gee, you have had this same problem documented in your medical records since 2004.  So, he hires an IMO, who reviews your file, and notes that you were disabled in 2004, as so stated in his review of your medical records.  Then, your facts found could be 2004, 19 years earlier.  
    This could be new and relevant evidence, as you were within the one year period.  
    More on effective dates here:  READ TO SEE IF YOU MAY GET AN EARLIER DATE:  Its possible reading this could means thousands, or even hundreds of thousands of dollars to you.  Let us know if you see something that applies to you and we will try to guide you.  
    https://www.law.cornell.edu/uscode/text/38/5110
     
  2. Thanks
    GulfWarVet1990 reacted to Lemuel in Entitled to Backpay if Legacy Claim is Adjudicated and Veterans is Already 100% SC   
    In my appeal before the BVA, I raised the Fifth Amendment of the Constitution, "taking of property without compensation," issue.  CCK has that to raise now if they see fit.
    My argument is that all back pay should be paid at current rates.  You should be able to buy the same amount with the money in your shopping card as you would have then.  For example (not exact figures):  If a loaf of bread cost X$ in 1985, then the difference should have been calculated in current $ so that I could by the same X number of loaves of bread on the date the increase was made as the unpaid back date.  If a loaf of bread cost $1.00 in 1985 and in 2017 in cost $5.00 then I should be paid the $4.00 difference x how many dollar difference there is between the 1985 rate and the 2017 rate when I finally received the back pay to buy those loaves of bread.
    That is clear as mud, but I think the smart people at CCK will get my drift.  Whether they will bring up a "Constitutional Question" that would result in a lot of "back pay" correction for a lot of living veterans and their substitutes, is the question.
    Paid at the current rate in 2020, my back pay would have been over $200,000.00 more.  If I had been paid from 1985 the full 100% I would have been able to buy a house, in 1985, that would have been worth the over $200,000.00 more, in the Los Angeles area where I was living in poverty, in 2020.
  3. Thanks
    GulfWarVet1990 reacted to Lemuel in Entitled to Backpay if Legacy Claim is Adjudicated and Veterans is Already 100% SC   
    When I got my EED for TDIU back to September of 1985 in 2020, I was paid the difference between the 100% in the year paid and the rating in the year I had already been paid.  I went from 40% in 1985 to 50% in 1989 to 70% in 2009. I was paid the differences to my 70% award in 2009 in my April 2020 EED award by the Director, Compensation Services.  From 2009 to 2017 I was paid the difference between 70% and 100% awarded by the BVA on the "presumptive" rating.  
    I will attach my analysis of the 2020 award.  It was off under $5.00 short so I did not quibble.
    I think you can see how it is done with an EED.
    20200708 TDIU payment calculation by Lem abrigded.pdf
  4. Thanks
    GulfWarVet1990 reacted to pacmanx1 in Entitled to Backpay if Legacy Claim is Adjudicated and Veterans is Already 100% SC   
    Yes, it is very possible, but it depends on when you were granted 100% service connected. Example: If you were granted 100% in 2010 and your 2005 appeal is granted/awarded that means the VA will owe you from 2005 to 2010 retroactive pay. I am going through this ordeal right now myself. I was awarded two separate EEDs of TDIU retroactive payments. Of course, this only applies to any rating above 0%.  
  5. Like
    GulfWarVet1990 got a reaction from ShrekTheTank in OSA secondary to PTSD Granted 50% via HLR - I am now 100% P & T   
    Thanks Shrek, VA has made it available for us to download our letters, so I printed my decision letter, see VA press release and link to the write up below.
    Veterans can now access their disability benefit decisions online
    https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5859
  6. Like
    GulfWarVet1990 got a reaction from Vync in Received two separate combined 100% SC Ratings - 100P&T and 100% Schedular Rating   
    Good morning all, I received two decision letters for 100 percent combined ratings.  
    First letter, I received 100% P & T combined rating effective Feb 1, 2022, I received decision letter March 2023, based on HLR decision for Sleep Apnea (PTSD) 50%.  “Eligibility to dependents Chapter 35 DEA was included in the language. 
    In August 2022 while awaiting aforementioned HLR decision I submitted claims for an increase on other existing conditions which were granted and I was again rated 100%  (combined ratings, scheduler).  Effective date August 2022, received decision letter April 2023.  
    Both 100 percent ratings and effective dates were listed on my last letter with effective dates.
    I am not sure what to make of this. Does one override the other, or it is what it is?
    Appreciate your insight.
     
  7. Thanks
    GulfWarVet1990 reacted to pacmanx1 in Received two separate combined 100% SC Ratings - 100P&T and 100% Schedular Rating   
    SMC-S as far as I know is for veterans that meet the criteria and can't work. The VA just awarded me a second even EED (earlier effective date) for TDIU after being rated a combined 100% schedular P & T for over a decade but failed to address the issue of SMC even after my IMOs stated that I am unemployable.  
    If you can't work due to your service-connected disabilities, you do not have to be completely housebound. By having a single rating of 100% plus an additional separate rating of 60% then you are eligible for SMC-S the same thing with a TDIU rating with a separate and additional rating of 60%, veteran are eligible for SMC-S. 
  8. Thanks
    GulfWarVet1990 reacted to pacmanx1 in Received two separate combined 100% SC Ratings - 100P&T and 100% Schedular Rating   
    While I totally agree with John, filing a CUE claim would be a last resort. It is so much simpler to file an appeal within the one (1) year time limit to get the exact same benefits without the CUE claim hassle. 
  9. Thanks
    GulfWarVet1990 reacted to john999 in Received two separate combined 100% SC Ratings - 100P&T and 100% Schedular Rating   
    I have a rating for TDIU and more recently 100% schedular.  I got SMC  S back about ten years ago due to 60% added to my existing 70% TDIU.  I had to do a new claim to get my S.  The VA called CUE on themselves on awarded S.  I think the VA has committed a technical cue in you case Gultwar vet.
  10. Thanks
    GulfWarVet1990 reacted to broncovet in Received two separate combined 100% SC Ratings - 100P&T and 100% Schedular Rating   
    In 2009, I was awarded 100 percent.  (I had also applied for tdiu, previously).  
    The TDIU was considered Moot.  
    I appealed that tdiu was moot, arguing that, if awarded, I could get SMC S, "and" an earlier effective date.  
    The board agreed with me, and decided "tdiu was not moot", and remanded it to consider tdiu.  I was eventually granted tdiu.  
    So, multiple 100 percent ratings is not only permitted, but results in higher compensation in the form of SMC.  
    If you were not awarded SMC S (statutory housebound), you should appeal the decision disputing SMC S.  
    Also appeal if you dispute the effective dates.  
  11. Thanks
    GulfWarVet1990 reacted to john999 in Received two separate combined 100% SC Ratings - 100P&T and 100% Schedular Rating   
    You should get Housebound SMC for those two ratings I think.  If you have 100% plus 60% then that is good for HB.  With two 100% ratings that should be good if not a technical thing.  The HB must be for a new and distinct rating over 60%.  They should have awarded the HB if you are eligible.
  12. Like
    GulfWarVet1990 reacted to broncovet in 100% granted, yet claim not closed?????   
    Congratulations on your win.  Spend your retro wisely.  Often, Vets have "gone without" for so long, they get a deposit, and its "off shopping" without a plan.  
    Sure, buy some things you need.  But remember, this is probably the last "windfall" you will get in your lifetime.  
    I got retro in 2020, and, gave some, invested some, and splurged some.  ..a balance.  
    A plan is a good idea.  
    Mine was something like:
    Gifts. 10 percent.  
    Investments 70 percent.  
    Home repairs/improvements/ maintenance etc. 10 percent.  
    I recently insulated my home and installed gutters.  In a previous retro, I put in a new HVAC (furnace) system.  This may include things like a new transmission, or other car repairs to get it up to snuff.  I have bought cars, but those are mostly bought with "income" not taken out of retro.  It makes no sense to pay off my 3 percent car loan by liquidating investments averaging better than 10 percent per year.  
    Toys 10 percent.  This includes cars, tools, RV's, etc. etc.  
     
    Of course, as Shrek and Pacman agree, dont rely upon ebenefits.  VA is supposed to have gotten better with that, but they have supposed to improve other things, too, and sometimes it works "in reverse".  
    I understand you may be able to download and print the (decision letter), so I would try that first.  
  13. Like
    GulfWarVet1990 reacted to pacmanx1 in 100% granted, yet claim not closed?????   
    Ebenefits is not reliable and is always one of the last web sites to be updated. With that said, there are times when the VA may pay out a veteran's claim but fail to include the veteran's pay for his/her dependent(s) at the higher rating. I would not worry so much about it. Especially if you already received your Official Letter and your correct retro payment. 
    Yes, I have gotten an initial Award Letter and retro payment for my rating decision and then a second award letter including my dependents that the VA forgot and left off. 
  14. Like
    GulfWarVet1990 reacted to Stayfocus in 100% granted, yet claim not closed?????   
    Sounds like a delay in system
  15. Thanks
    GulfWarVet1990 reacted to ArNG11 in OSA secondary to PTSD Granted 50% via HLR - I am now 100% P & T   
    Late on the Congratulations but still happy for you. 
  16. Like
    GulfWarVet1990 got a reaction from ArNG11 in OSA secondary to PTSD Granted 50% via HLR - I am now 100% P & T   
    Thanks Shrek, VA has made it available for us to download our letters, so I printed my decision letter, see VA press release and link to the write up below.
    Veterans can now access their disability benefit decisions online
    https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5859
  17. Like
    GulfWarVet1990 got a reaction from ArNG11 in OSA secondary to PTSD Granted 50% via HLR - I am now 100% P & T   
    Good morning Hadit members. I just want to thank everyone for their encouragement, support and sage answers to many of my questions. 
    I just received notice today, my rating is 100% P & T.  OSA secondary to PTSD 50% increased my rating to 100% P&T.  
    I was a bit skeptical when Dr. Anaise recommended an HLR after a supplemental claim denial, but his write up was very comprehensive and VA sided with his evidence vice the examiner.
    As many have said on this site, it may take longer than you would like to get the rating you deserve, but don't give up.  
    Thank you T'Bird for founding Hadit and your mission to not "leave no one behind". 
  18. Like
    GulfWarVet1990 reacted to El Train in OSA secondary to PTSD Granted 50% via HLR - I am now 100% P & T   
    I had to cut a check to my attorneys for an EED.  It might be different for winning claims straight up.
  19. Thanks
  20. Like
    GulfWarVet1990 reacted to Mr cue in Will my lawyer still get paid if I remove as my POA?   
    I would believe that he and you would have to had did a new poa for the new claims.
    But the VA will use the one poa and apply it to ever issue.
    My advice is upload a statement explaining that he is only poa for just that case.
    An not for the others you file by you self an hope they address it.
    If they pay him on the other cases an you upload the statement you got a case an a way to fight it.
  21. Like
    GulfWarVet1990 reacted to Tbird in VACP TREAS 310 is a Compensation Payment.​ Retro? You May Have Won Your Claim   
    A TREAS 310 unexpected deposit into your checking account may be puzzling. Usually, it is good news. Perhaps your VA disability compensation claim was granted, and the deposit made it to the bank before your letter arrived. It happens. To be on the safe side, wait for the letter confirming it. You can also call the VA at 800-827-1000. Or check e-Benefits. Once you log into e-Benefits, you can check your letters and see what percentage is listed.
     
    A few of the codes labeled 310 on your US Government Check:
    VACP is for VA disability compensation or pension payment. VAED is for GI Bill payments. IRS is from the Internal Revenue Service Log Into e-Benefits to View Your Payment History
    You Must File A Claim Before You See That VACP TREAS 310 Deposit
    Retroactive Pay Can Be Life-Changing – Stop Hesitating and File!
    After logging into e-Benefits, you will see a menu.
    File A New Claim | File For An Increase | File For Secondary Condition
    Further Reading
    More Results on TREAS 310 Deposits VA Disability Ratings Calculator VA disability compensation rates Historical VA Disability Compensation Rates for Calculating Retroactive Pay  
  22. Like
    GulfWarVet1990 reacted to broncovet in DBQ - Conflict of Interest   
    No, its not a conflict of interest, any more than any VA doc doing a dbq which would/could result in additional benefits.  
    By "community care", I speculate you mean an outside doc that the VA pays for.  The VA may or may not (probably not) pay for an exam that THEY did not order, however.  Usually community care is for a specific purpose.  I had community care to test for allergies, for example.  
     
    My opinion turns on "Was the community care provider treating you for one or more conditions which you were seeking SC for?"  
    Your CCP needs expertise in the field you are seeking benefits.  If you are seeking SC for sleep apnea, well dont ask a community care specialist with no experience in sleep medicine to fill it out, as it would likely not succeed.  
    However, if your ccp has medical experience in the benefit sought, well ask.  Mostly, a medical license is not a prison, and doctors treat you voluntarily...and they can decline to treat you for a multitude of reasons, and high on the list is that they do not have training and experience in your conditions.  Often they refer you to someone else with experience.  
    Caveat:  Many doctors "who dont regularly do va c and p exams", really dont know how to do them.  A common mistake by a private physician is to say something like, "The patients knee arthritis could have been caused by carrying excessive weight in service".  
    Instead, it needs to be in "language the VA understands" which is "The paitients arthriitis is at least as likely as not due to events in the military service where he was required to carry 180 pounds of  weight long distances over a long period of time".  
    And, they have to give a medical rationale as to why he makes said opinion.  
    As with any c and p exam, the doctor should submit CV demonstrating he is an expert witness (and has medical knowledge of this field).  
    You should review c and p exams, and "what makes a great exam".  Sometimes, doctors trying to help you will take your advice in giving VA what the va needs to grant sc, that is, a favorable exam/IMO/IME.  
    I have covered some of this, but there is more on hadit and its searchable.  
  23. Like
    GulfWarVet1990 reacted to pacmanx1 in DBQ - Conflict of Interest   
    I am not sure; I never ask but I did get a Community Care Provider to complete and fill out one of my DBQs. Due to not being able to maintain regular appointments the VA set me up with a Community Care Provider, after being treated for some time, one of my appeals finally got through the system and I needed a Medical Opinion, but the VAMC C & P exam was very negative. I felt that the NP didn't listen to me and failed to understand my appeal, so I asked my current treating Community Care Provider to fill out my DBQ and he did, and I won my appeal.
  24. Thanks
    GulfWarVet1990 got a reaction from Tbird in NEWS - HadIt.com - Update HadIt.com To Remain Open   
    I have learned so much from everyone on this site. HADIT was the one place since the military that I felt a sense of belonging, people who understood the challenges as well as benefits as a U.S. Veteran. 
    Tbird - so many people have shared my sentiment, so I will just share mine in two words.   THANK YOU. 
  25. Best Answer
    GulfWarVet1990 reacted to MilvetHD in NEWS - HadIt.com - Update HadIt.com To Remain Open   
    Tbird, you have carried your load and done more for veterans than many of those who have made a career of pretending to do so. This news is genuinely depressing, but you have earned your rest and retirement. All the best! 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use