Jump to content

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

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Retroactive Calculations

Rate this question


jsdwd

Question

The effective date of most of my claim was july 2008. One payment was effective as from the exam date, March 30, 2009:

1. Post traumatic stress disorder

30% effective Jul 8, 2008

Diabetes mellitus tlpe II

20% . effective Jul 8, 2008

Bilateral hearins loss

0% effective Jul 8. 2008

Tinnitus

10% effective Jul 8, 2008

Peripheral neuropathy of right foot

l0% effective Mar 30,2009

I estimated the retro check i would receive using those dates and the payment table they provided on my cover letter.

"Your Award Amount and Payment Start Date :

Your monthly entitiement amount is shown below:

$728.00 Aug 1,2008 Original Award (50%)

$770.00 Dec 1,2008 Cost of Living Adiustment

$974.00 Apr 1,2009 lncreased Compensation Rate (from 50% to 60%)" - - - - parenthesis mine

So I calculated a daily rate (monthly rate x 12 ÷ 365) for each payment rate and multiplied that times the number of days that rate applied, starting with July 8, 2008 and going forward to the rating date of July 14, 2009. I assumed that I would get the remainder of July 2009 from the rating date onward on August 1, 2009.

Doing the math, I expected a retroactive check of about $10,000 ($9895.67), The check arrived today and was for $8914 almost $1000 less than I thought ($982). It is possible that on August 1, 2009 I will receive a check for all of July 2009, but it still is about $500 less than I thought. I tried to back into their number and found that if one starts payment at August 1, 2008 and ends it at June 30, 2009 and uses the payment rates they supplied, it equals to $8914, the amount of the check.

So the period between July 8, 2008 and August 1, 2008 and the period from July 1, 2009 and July 14, 2009 (the date of the rating) is uncompensated. What gives?

Is there guidance as to how this should be calculated? If they made a mistake how do I contest that?

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

If you claimed PN in your original claim you should have the earlier effective date and not the date of the claim. If you had an existing diagnosis of PN in your records prior to the exam date you should have gotten EED. The VA plays this game a lot with DMII and secondary conditions. I think I would appeal that.

Link to comment
Share on other sites

  • HadIt.com Elder

Most people miss their calculation by one month cause the VA does not pay for a month the until the first of the next month.

So I guess you are in the ballpark

Congrats now it should continue without a problem. 50% means free meds and VA has to take care of you for everything, Its pretty important.

Edited by Pete53
typo

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

  • HadIt.com Elder

You never get the remainder of a month. If they award you on July 8, the payment period starts beginning the 1st of the following month, with the actual payment being received the 1st of the next month. You were awarded as of 7/8/08 and you'll actually receive payment for the month of August/08 on 9/1/08.

pr

The effective date of most of my claim was july 2008. One payment was effective as from the exam date, March 30, 2009:

1. Post traumatic stress disorder

30% effective Jul 8, 2008

Diabetes mellitus tlpe II

20% . effective Jul 8, 2008

Bilateral hearins loss

0% effective Jul 8. 2008

Tinnitus

10% effective Jul 8, 2008

Peripheral neuropathy of right foot

l0% effective Mar 30,2009

I estimated the retro check i would receive using those dates and the payment table they provided on my cover letter.

"Your Award Amount and Payment Start Date :

Your monthly entitiement amount is shown below:

$728.00 Aug 1,2008 Original Award (50%)

$770.00 Dec 1,2008 Cost of Living Adiustment

$974.00 Apr 1,2009 lncreased Compensation Rate (from 50% to 60%)" - - - - parenthesis mine

So I calculated a daily rate (monthly rate x 12 ÷ 365) for each payment rate and multiplied that times the number of days that rate applied, starting with July 8, 2008 and going forward to the rating date of July 14, 2009. I assumed that I would get the remainder of July 2009 from the rating date onward on August 1, 2009.

Doing the math, I expected a retroactive check of about $10,000 ($9895.67), The check arrived today and was for $8914 almost $1000 less than I thought ($982). It is possible that on August 1, 2009 I will receive a check for all of July 2009, but it still is about $500 less than I thought. I tried to back into their number and found that if one starts payment at August 1, 2008 and ends it at June 30, 2009 and uses the payment rates they supplied, it equals to $8914, the amount of the check.

So the period between July 8, 2008 and August 1, 2008 and the period from July 1, 2009 and July 14, 2009 (the date of the rating) is uncompensated. What gives?

Is there guidance as to how this should be calculated? If they made a mistake how do I contest that?

Link to comment
Share on other sites

Sep 728

Oct 728

Nov 728

Dec 728

Jan 770

Feb 770

Mar 770

Apr 770

May 974

Jun 974

Jul 974

8914

Jul 8 is effective 1 Aug. Aug is paid in Sep. Cola in Dec is paid in Jan. Increase in Apr is paid in may. The VA pays a month in arears. Jul is paid in Aug.

Edited by sharon

"Don't give up. Don't ever give up." Jimmy V

Link to comment
Share on other sites

Sep 728

Oct 728

Nov 728

Dec 728

Jan 770

Feb 770

Mar 770

Apr 770

May 974

Jun 974

Jul 974

8914

Jul 8 is effective 1 Aug. Aug is paid in Sep. Cola in Dec is paid in Jan. Increase in Apr is paid in may. The VA pays a month in arears. Jul is paid in Aug.

Gotcha. Thanks for clarifying. I am not complaining, I'm just confused... if I get 728 in September '08 for Aug '08, as you indicate, then what happens to the period from July 8, 2008 until August 1, 2008, I don't get anything?

Link to comment
Share on other sites

  • HadIt.com Elder

Correct, you don't get anything for the period 7/8/08 - 7/31/08. August 1, starts the new month. That's just the way it is. They only pay for full months.

pr

Gotcha. Thanks for clarifying. I am not complaining, I'm just confused... if I get 728 in September '08 for Aug '08, as you indicate, then what happens to the period from July 8, 2008 until August 1, 2008, I don't get anything?
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use