So Does This Meaan I Will Get Retro Pay?

[jecsb4]

Ok, I was at o% then filed a NOD. VA sent me a SOC increasing it to 30%. If I appeal to the Board of Vet Appleals believing I am entitled to 50%, does that mean the VA will wait on paying me the retro of 30% until they get the Form 9 and I wait my turn for the appeal?

Joe

[cloudcroft]

My guess is that you will get ONE retro lump sum NOW and a second LATER (that is, if you win at the BVA level).

1. You will get whatever 30% would be back to the start date of your claim NOW since you went from 0% to 30%. Then, of course, start getting 30% monthly payments.

2. If you prevail at the BVA trying to convince them your REAL rate should be 50% rather than 30% -- they could grant you said 30 to 50 increase right then and there without any further VARO action, or the BVA could remand it back to VARO "for further development" (this happens A LOT) and then you might win that way if the VARO finally agrees with your request for increase from 30% to 50%...or the VARO can deny it. But if the VARO finally approves the increase, you will get the retro (the difference between 30% and 50%, whatever that figure would be) from the originial date of your claim up to when you get notice you won (IF you win) the 30-50% increase.

In short, you get one retro NOW and one MAYBE later...

-- John D.

Ok, I was at o% then filed a NOD. VA sent me a SOC increasing it to 30%. If I appeal to the Board of Vet Appleals believing I am entitled to 50%, does that mean the VA will wait on paying me the retro of 30% until they get the Form 9 and I wait my turn for the appeal?

Joe

Edited June 4, 2007 by cloudcroft