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    SMC K backpay

    I filed a claim for loss of creative organ and was award the claim with SMC-K. The VA payed me back to the intent to file date. Should have I received back pay from the date loss of creative organ was documented in medical record.
  2. I recently received my retro pay for an issue that was granted by the BVA. My backpay should have started at my effective date 6/18/2020, which is around 41 months of back pay. The RO only paid for 30 months according to my calculation. What can I do to get the RO to correct the error?
  3. On my benefit summary and service verification letter it states Mar 4, 2020 as effective date you became totally and permanently disable due solely to your service connected disabilities. Is this the date that my Backpay starts at a 100% ?
  4. Thanks Pacmanx1 I'll wait for the official letter. Once I get it I'll be coming back for advice from all of the great vets here on this site. I started at 30% and ended with 100% P&T by following instructions giving to me by all of you. If I disagree with the dates concerning backpay is there an official form to file?
  5. So I found out that my TDIU P&T was approved. i have a few questions. 1. Can I get champ VA for my depends (son and parent) 2. Can I work for my aunt if the job is a Sheltered Employment, or does that not apply since it is permanent? 3. Can I get a home and not have to pay taxes in Florida? 4. the back pay date just says N/A, when will it post? This concludes all of my questions, thank you.
  6. I won a remand at CAVC for reconsideration of an earlier effective date back to 1988 due to missing records on a single issue, where the BVA judge agreed and granted it along with service connection. The RO just sent out a decision packet, which I'm still waiting on. What rating percent will they use (I'm at 40% now, the MEB gave me 10% back then in 1988)? How will they calculate retropay (using todays dollars or 80's pay)? Could I get IU (I was given P&T 100% in 2017) back to the new date (my social security record shows I only made above poverty level in 3 out of 30yrs of working)? Thx
  7. So - I have the same issue, but didnt realize it like you all did. I only log in once a week. Yesterday I received a lump sum deposit, and after 16 years of going back and fourth with the VA I logged in and noticed my HLR is in the same exact spot as the original post. I also noticed on my disabilities section I was rated at 100% finally, and that my benefits letter said the same, but I also have this error thing. I wonder if I should worry or not, being that they deposited a lump sum that goes back over 1.5 years.
  8. Okay, I am hoping someone can help, and that this all makes sense. I recently submitted a claim for left shoulder secondary to right shoulder (residuals). My right shoulder was at 0%. I did a C&P exam (they scheduled it for an outside facility and I am currently trying to get the notes from that exam)-the exam was for both shoulders, and they upped my right shoulder to 20%, deferred my left shoulder, and are requesting another C&P exam. So, my question is this: I received the decision letter and it states that for evidence, (they list numerous things), but one part says, "VAMC treatment records to from October 2006 through September 12,2020. " I know that I have complained of shoulder pains throughout the years, but, when I look on my HealthyeVet reports, it only shows imaging for the left shoulder from 2015, but, again numerous complaints of (both) shoulder pain throughout the years. Can i: A)submit a CUE claim for the right shoulder (as this has been percentaged for disability) since they used medical records stated on my "evidence" (and so one must assume they used that in determining their decision). B) if they will not accept a CUE claim for the right shoulder, since there is imaging for the left shoulder from 2015, can I submit a CUE claim for left if it is secondary to the right (right disability they back dated to Sept. 2019, when they received my claim)?... Here is a copy of the decision letter for the right shoulder.... • VA Form 21-0966, Intent To File A Claim For Compensation and/or Pcnsion, or Survivors Pension and/or DIC, received September 30, 2019 » VA Form 21-4138, Statemcnt in Support of Claim, received December 5, 2019 » VAMC (Veterans Affairs Medical Center) Bay Pines, Miscellaneous Disability Benefits Questionnaire (DBQ) - Medical Opinions, dated August 26, 2020 and July 23, 202() • QTC Disability Benefits Questionnaire, SHOULDER AND ARM CONDITIONS, dated September 12, 2020 • VA Form 21-526 EZ: Application for Disability Compensation and Related Compensation Benefits, received December 5, 2019 • VAMC (Veterans Affairs Medical Center) Bay Pines treatment records to include C.W. BILL YOUNG DEPT OF VAMC, from October 25, 2006 through September 12, 2020 • VA Form 27-0820 Report of General Information dated August 25, 2020, • Private Treatmcnt Records- C.W. BILL YOUNG DEPT OF VAMC, datcd June 29, 2018, rcceivcd December 5, 2019 • Written correspondence received from you, dated and received March 20, 2020 • Section (§) 5103 Notice Response, received March 20, 2020 REASONS FOR DECISION The evaluation of right shoulder bicipital tendonitis (previously rated as residuals, right shoulder musculoskeletal strain) is increased to 20 pcrcent disabling effectivc September 30, 2019. (38 CFR 4.1, 38 CFR 3.400) The effective date of this grant is September 30, 2019. The increased evaluation has been established from the day VA rcccived your intent to file (ITF) a claim for compensation. (38 CFR 3.155, 38 CFR 3.400) We have assigned a 20 percent evaluation for your residuals, right shoulder musculoskeletal strain based on: • Painful motion of the shoulder. (38 CFR §4.59 allows consideration of functional loss due to painful motion to be rated to at least the minimum compensable rating for a particular joint. Since you demonstrate painful motion of the arm at the shoulder, the minimum compcnsablc evaluation of 20 percent is assigned) Additional symptom(s) include: • None of the clavicle or scapula The provisions of 38 CFR §4.40 and §4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki, have been considered and applied under 38 CFR §4.59. A higher evaluation of 30 percent is not warranted for limitation of motion of the arm unless the
  9. I filed for PTSD 9/2017 and battling the VA and today I received my 70% PTSD bringing my total to 80%! I have filed every appeal on time after being denied and for some reason they made my effective date for 9/2020 on the day that I had my C&P Exam. My rep is telling me that they rated me at 0% from 9/2017 til 9/2020 and 70% after 9/2020 and now we must appeal the date again. Is the appeals process last long as the regular appeal time and what are the odds that they actually correct the issue at the end of this? Thanks for your help in advance.
  10. 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?
  11. So I found out that I was increased from 80% to 90%, (aside from the fact that this should have been 100%), I have issues with the amount of back pay. They gave me my effective date all the way back to 11/2018, but miscalculated. From 11/2018 until 03/2020 I was 70%, from 3/2020 until now I was 80%. They are saying the owe 1/2 the back pay they should. My rough estimate says they used 80% for the calculation all the way back. How can I have them fix this?
  12. Has anyone ever challenged the rate of Backpay? I received back pay at 100% TDIU after living in poverty on my in-laws for almost 40 years. When the Fifth was ratified, the U S was on the Gold Standard. When Section 4 of the Fourteenth was ratified we were still on the gold standard. The argument would be that by paying veterans in cheaper prior year dollars the Government is taking property (gold equivalent or goods and services out of our shopping baskets) without just compensation, a right guaranteed under the Fifth and Fourteenth Sec. 4 (specifically to veterans) Amendments. My 07/06/2020 award would be a good example. If paid in current dollars it would be over $300,000.00 more. Enough to have bought a house instead of living on the street in DC.
  13. I’m currently waiting on 5 deferred claims all of which are now on Preparation for decision. If anyone of them are rated 10% but they don’t raise my overall rating. Do I still get backpay for that claim ? Or only if the overall rating is increase ? Thanks
  14. Hello fellow Vets! I recognize it’s a lot to read... It’s my first time making a blog post and I want to be clear and get solid and knowledgable responses from y’all. Thanks in advance!! History... Filed a claim for VA disability benefits April 2013. Hand delivered over 200 documents in support of my claim to the Houston VA office in January 2014 (prior to a decision letter on my claim). Decision letter received in March 2014. Failed to achieve a rating above zero percent on any of the disabilities claimed and no service connection for Major Depressive Disorder(MDD). The documents I filed at the VA were date stamped Jan 8, 2014 and included the only records I had in support of this claim, especially for the MDD. Fast forward... Intent to File submitted in August 1, 2018 (at my attorneys direction). His office then submitted a supplemental (including 16 pages of the very same supporting documents that I submitted to the VA in 2014) on the 364th day. Well, that supplemental got me appointments with two different C&P professionals and resulted in a combined rating of 70% (10% knee and 70% MDD) effective July 30, 2019. The same VA documents filed by me in 2014 and (fewer) mailed with the supplemental were recently reviewed at my C&P exam by the psychologist conducting the interview. He asked for my help to show him any document in my file that made it clear and unmistakable that my MDD was/is service connected. It took all of thirty seconds to search his computer with my VA records on it to locate a document from my psychiatrist and head of psychiatry at my last duty station. These are the very same documents which were in the VA’s possession prior to my initial claim attempted in 2013/2014. Meaning there is NO new or compelling evidence! Question 1 - So why did they schedule (allow) these appointments and the case to be reopened with no new and/or relevant evidence? Question 2 - Why was it right (or was it) for my attorney to file a supplemental (vs. just filing for a new claim)? At least with a new claim I may have been able to receive (the 11 or so months of) backpay from the Intent to File date. It seems the supplemental has NO benefit over just requesting to open a new claim. Or is it not allowed for veterans to file a new claim for any previously claimed ailment(s)? Question 3 - Is it a fact that the VA made a clear and unmistakable error with regard to no service connection for MDD? ... by not reviewing those documents which were right in front of them? And if the documents prove the date they were filed, isn’t it undeniable? And if I am now rated at 70%.... Question 4 - Shouldn’t this be one of those CUE cases that should/could be potentially won for backpay to April 2013? This is the first time they scheduled me for ANY C&P appointments for any reason ever. Yet, this is at least the third attempt at filing a VA disability claim. Question 5 - What makes the VA decide for or against these C&P exam appointments?
  15. Hey all, I recieved news that my increase claim was granted and I went from 60% to 100% On my ab8 letters it says the date changed is may 20th, with an effective date of june 1st. Does this mean I'll receive the backpay for june and july?
  16. I just received a letter today dated 11/7 It states that the Claim with the Board that was granted back in 10/2018. It states an accredited attorney or agent properly filed a valid direct-pay fee agreement per the provisions, it goes on to say that the amount of Past-due benefits for so much has been computed from the effective date of the award through the date of the decisions, is so much. That of that amount so much is withheld for fees in the amount of said dollars, which is 20% of past due benefits. Since it is stating that they are paying my lawyer and what they original amount before the lawyer was and what they are giving lawyer, when can I expect to see the back pay. I have always received direct deposit. And before anyone says 20% is allot this lawyer did not take a dime from me except this 20% and they have helped me to do what I was unable to get done for the last 15 years. Thanks for your help in advance.
  17. I appealed for an earlier date for PTSD and Individual Unemployability. I received my 100% December 10, 2010, and appealed to the date I originally applied for benefits (November 2007). I just received the Order approving both but the Order states "It is granted, subject to controlling regulations governing the payment of monetary awards". Does this mean that I get no back pay - as I didn't receive any back pay - just got the approval from Veterans Law Judge, Board of Appeals. Should I appeal the fact that I received no back pay? Any help would be appreciated!
  18. I am showing an increase in one of my SC conditions on E-Benefits as when I opened IU claim they also evaluate SC for increases before IU decision. Does anyone know how long it takes to receive retro back pay for this increase? I am owed 4 months at this point.
  19. ***EDITED TO ADD RATED DISABILITIES****** I hadn't checked Ebenefits in a while because I became frustrated with the change in open claim status from gathering evidence to awaiting documents are past due. I asked my VSO if there was anything I needed to do and he said that it wasn't at our end, but between C&P and VA. All medical records were uploaded by VSO and intent to file was sent within 12 months of retirement (20 years in Navy), so any backpay would be retro to NOV 2016. So I clicked on the Disabilities TAB, and to my surprise is says, "You have a 100% final degree of disability". -All of my rated disabilities had effective dates of 11/01/2016 (except the Not Service Connected). One had been deferred.........."trigger finger right, tenosynovitis thumb right and tenosynovitis index finger right" Before I update my profile on Hadit: - Since there are effective dates, do I assume this will be my final rating? - Since my claim is still open and gathering evidence (I assume from the one deferment) will this delay the closing of the claim? - If the deferred item does not effect the overall total disability (don't think there is higher than 100%) would that delay payment or backpay? - Should I expect payments anytime soon or not expect anything till the deferred item is complete? Is backpay and disability withheld or initialized now since it is at 100%? I guess I am just looking for a timeline....something like, "Matt, don't even look at that anymore. You have like 2 years before anything hits your account." or "Yup, you should be seeing a payment by next month and backpay two weeks after that!!" (I like that one better!!) I think it is worse now that I looked at the damn disabilities tab.........I feel like I am assuming too much and am gonna be one of those Vets that stare at my email waiting for the "deposit posted" email. Here is a screenshot of what is listed on Ebenefits: Thanks to all that respond and to all that are on here helping. I hope my post helps others find answers as well
  20. Hey folks new here I was Diagnosed with adjustment disorder with anxiety and depressed mood / occupational problem. I tried to file for benefits IDK if I did before I got out. Someone told me to go to the VA and I did they told me to go see a private doctor and then apply. I was broke within a month after I was discharged and never saw a doc for about 7 years. I finialy hit a rock bottom so I applied anyway with 17 different Ebenfits Problems. I also have not recieved a letter notifying me of the decision. I recieved a letter saying I qualified for disabled va life insurance I recieved a call from va health care welcoming me to va health care Disability Rating Decision Related To Effective Date drug abuse Willful Misconduct phobic anxiety disorder unspecified also claimed as (nervousness, bipolar disorder, memory loss, and post traumatic stress disorder (PTSD)) 10% Service Connected 06/09/2017 eye condition, left eye Not Service Connected sleep apnea Not Service Connected non-specific digestive complaints Not Service Connected alcohol abuse Willful Misconduct right wrist condition Not Service Connected back condition Not Service Connected nutritional deficiency Not Service Connected so After this Im Considering appealing For either more benefire or retro pay. since I dont remember If i filed for va compensation before i was discharged I know I spoke with the VA IDK how to find out if I did. I also have A VSO who wouldnt answer an email from me but ID like to know if I could get any GI Bills I was give an GENERAL(UNder honorable conditions) discharge and donno if it could get upgraded. Either way I never expected to get service connected years later im just learning about all this stuff now years later
  21. What's up Fellow Vets, I have a question about back pay. I was medically discharged from the Army in 2004. In my VA paperwork, prior to discharge, I claimed my asthma ( which I am 30% sc) and my left hamstring stains. I was approved sc for my asthma (30%) but my the claim for my leg was denied because they said it wasnt a chronic. Since my discharge, I have re-injured the same hamstring at least 2 times a year. I am currently receiving physical therapy for the same hamstring at the VA hospital. I noticed on Ebenefits that my claim for my leg was still there waiting to be reopened, so i clicked the option to reopen my claim. Do you think I have a case for my leg? If so, do you think this will qualify for back pay since the original claim was filed in 2004? Thanks for the advice.
  22. Good Morning community- Earlier this month I recieved 100% service connection, a surprizing 2 1/2 months after submitting my claim on e-benefits. After living off of a few hundred bucks a month for the past 3 years I woke up to $6k in my bank account, so life feels great right now. A friend of mine is telling me to file my NOD anyways, for the other disabilities they didn't connect, and also to get my SC backdated to the onset of condition - which would be considered starting in the last 2 months of service before recieving my honorable discharge, 9 years ago. Who has experience with this? Is there a legitimate route I can take to get my 100% backdated to the diagnosis of my PTSD, and without a lawyer? Thanks and happy Sunday.
  23. Hello all, First, thank you all for your service! My claim was approved on some contentions and one deferred and two considered not service connected. I was increased from 60 to 70% while the other deferment is in development. My question deals with my award letter stating my increase from 60 to 70% is dated to Nov 1, 2015 and I received the letter today July 18, 2016. Will I receive a back payment for the difference of 60 to 70%(even though SOME of my claim is still in deferment) and if so when can I expect the retro to hit my account? Thank you for any information
  24. Okay, I retired at the end of 2012 and was smart enough to have my disability paperwork submitted with my clearing. October of 2013 I received my first determination letter stating I qualified for 60%. Nice, but they completely 0'd me on three issues so I immediately filed an appeal with the findings at the end of November 2013. The VA claimed they received my appeal in March of 2014, according to the website. It took until Jul/Sept 2015 for my first appointments to occur to justify or dispute the findings. I received an extra bump in my account this month (ending June 2016) which caused me to log in to eBenefits and see what it might have been. Good news is, I received my upgrade in disability from 60% to 80%. So, based on the 2016 VA Compensation tables with a spouse and two kids, I will increase to $1839.48 from $1275.09. (http://militarybenefits.info/va-disability-rates/), which is a difference of $564.39. Now I received a lump sum of $3477.92 which is approximately 6.16 months of the difference I should have recovered. By MY calculations, my backdated pay should be from my initial request. I say this because initially they rated my three issues as "Service Connected" but at 0%. Now that my appeal was accepted and those three items were given appropriate ratings, the backdate for my pay should be the initial date of submission. That initial date was 1 January 2013. So January 2013 to July 2016 should be 41 months of backpay, am I right? With the 6 months I received at the end of June, I SHOULD still receive 35 months of backpay at $564.39 a month, yes? If I am missing something or not understanding something, please drop me a response. Also, how would I go about energizing the VA to make this backpay occur? Thanks. Papa Weave
  25. Hello good people. I was just curious to know how retro pay would work in this situation? Of course this is something that could happen to me since I have a pending appeal, but I thought it would be a good question for those in a similar situation. Scenario: Awarded 30% in 11/2008 Initial appeal is dated back to 6/2009 Appeal was not worked on for years. Awarded for new claims in 2011 & 2014 that increased my rating to 40% If my appeal is awarded 10%(or so) higher and retro-pay is dated back to the 2009 date, do any of you know how they calculate retro pay with periods of increased ratings? Thanks Jfizzle
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