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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Berta

New Ao Regs

Question

On page 8 of the htm of the new regs it says:

Retro estimated at $12,286,048 *

Then the asterick adds:

"Retroactive benefits costs are paid in the first year only."

????

They actually estimate that 11 years of retro are going to be an average payment due veterans under this new reg-figuring an estimate of past denied claims-

but I cannot comprehend the 'first year only' phrase-

I wonder if it means no retro will be paid unless claim is filed within a year?That would be BS pure and simple.

I guess I better read this real good and comment at Fed Register on it-

Page 9 is a doozy- "of the total 52,918 currently on the rolls ,8,348 are currently rated 100 percent disabled and ,therefore,would not likely receive a retroactive payment."

Say what?

If a vet is currently 100% for PTSD- their IHD (which VA averaged at a possible 60%SC for many claimants in this reg)

then 60% for AO IHD as an independent SC disability - would put them into retro SMC.

what do they mean no retro-with the new SC then the SMC would have to be an inferred issue under Nehmer-

I know the vets lawyers are pouring over this as well as vet advocates-and these are the questions that must be raised.

any thoughts here on these aspects of VA's Proposed rule?

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On page 8 of the htm of the new regs it says:

Retro estimated at $12,286,048 *

Then the asterick adds:

"Retroactive benefits costs are paid in the first year only."

????

They actually estimate that 11 years of retro are going to be an average payment due veterans under this new reg-figuring an estimate of past denied claims-

but I cannot comprehend the 'first year only' phrase-

I wonder if it means no retro will be paid unless claim is filed within a year?That would be BS pure and simple.

I guess I better read this real good and comment at Fed Register on it-

Page 9 is a doozy- "of the total 52,918 currently on the rolls ,8,348 are currently rated 100 percent disabled and ,therefore,would not likely receive a retroactive payment."

Say what?

If a vet is currently 100% for PTSD- their IHD (which VA averaged at a possible 60%SC for many claimants in this reg)

then 60% for AO IHD as an independent SC disability - would put them into retro SMC.

what do they mean no retro-with the new SC then the SMC would have to be an inferred issue under Nehmer-

I know the vets lawyers are pouring over this as well as vet advocates-and these are the questions that must be raised.

any thoughts here on these aspects of VA's Proposed rule?

Do you think I have a chance Berta? this is Loma Linda Bill

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It is my understanding that a retroactive SMC amount would come from the SMC budget and not the IHD/AO budget.

Perhaps this is what they mean by 100% are not likely to receive a retro payment, note the word likely, because for some they may have claimed IHD/CAD and been denied way before they got their 100%, in which case they are entitled to retro.

I think "maybe" that "Retroactive benefits costs are paid in the first year only", doesn't mean "for the first year only",

"I wonder if it means no retro will be paid unless claim is filed within a year?That would be BS pure and simple." Yeah your right, because other laws would not let this fly. As you know Nehmer would apply, and so would the inferred aspects of SMC so it can't possibly mean what it seems to. I wonder if it makes more sense in context with the whole text. I will have to make time to sit and read through this.

Edited by hawkfire27

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Yes it is easy to do and I have commented on proposed regs before-

your command to JUST DO IT does not apply to me.

I was only interested if anyone else here at hadit who had read the regs had a different take on the retro part that I questioned.

Many veterans advocates have been 'speculating' about this reg for months now.It hasn't been a waste of time to speculate.

And of course, just like any SOC or VA decision- we are pouring over the regs word by word in order to prepare a concise and probative comment.

I will take a few days off here to prepare mine.

I want to discuss the reg with a few vet's lawyers before I comment.

Edited by Berta

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Berta,

I may be misunderstanding the listing, but the VA knows how many retro claims there will be, and how much it will cost them. I think they look at that as a cost due in total. but once retro claims are paid there will not be anymore retro to pay. I think they are lumping all the retro in the first year cost. Does that make any sense???

Just my two cents worth.

Pat

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I would to add comments to Reg as well could you assist in guiding in the process. Also someone commented about the retro for veteran who were already rated 100% for PTSD. What impact does IHD have on that someone mentioned something about 60%. I don't quite understand.

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