2 100% Ratings

[rapsellsr]

Ok, here is the deal. I started VA in 20, got 20% in 07, 100% in 08. Under Nehmer, we were just told that he is 30% from March 07, 60% from March 2010, now another 100% plus qualifies for SMC A & A (not sure if this is right). Can anyone tell me, do we get retro money or not. I am soooooo confused!!

[Pete53]

Welcome to Hadit.

[Capt.]

Hello Rap,,,thank you for your service and welcome. Ok you got what one day I hope to get. SC... If I am correct , each time they give you and increse to your rating there is suppose to be some form of retro from the increase to that award date. If there is another increase and an award letter and date then that is suppose to be figured as well. Yes , they can easily "forget" about it and won't pay if you don't pursue, show them , and ASK for it. I have not been fortunate to have this problem but hope to one day. I believe the SMC and A and A is a separate rating with date of award payable to that increase from the date of award. I hope I read the regs and ratings correctly. Sorry I did not do the math for you but some of your ratings have me confused alittle so maybe one of the other members can punch in the numbers alittle with your increases.

I do know that the VA math of increases does NOT work off of 100 percental group for each issue. It must be figured off of your leftover available percentage. For example ...lets say you get 20 percent your first claim which leaves you only 80 percent left for the next award . Lets say you get a bump up of 60 percent from an increase that was awarded to you on an appeal for higher rating. You are suppose to take the 60 percent of the 80 percent leftover and then add it to your 20 percent. So it should be something like this....80 percent with the 60 = 48 percent and add the 20 so that would be 68 percent. Another award would come off the 68 percent and so forth , meaning each award actually gets taken from a dwindling percentage. I hope this is correct if I am reading the rating regs correct. It is confusing especially with secondary disease/injury awards. They are not going to let you add these to each rating as if they used 100 percent each time. This is why the rating awards are so confusing and very easy for the VA to make a mistake in the amounts. Its only VA math , and not what you or I were taught in school.

Oh yes if the VA makes a mistake , normally you have to point it out to them, prove it and ASK for the corrected version. And this usually triggers an appeal somewhere to the process , whether your at RO or even thru the BVA and that takes time. I know , if they would have done it right the first time it would have saved tax dollars but I guess that the VA does not count on everyone doing the math correctly so they will just not catch the mistake and let it alone , resulting in huge "secret" savings. But websites like this have trimmed the VA's "secret savings" and made more Veterans aware of the award , ratings , Early effective dates , meaning more people having to watch the VA and their "poor math skills" There are others here that can tell some real horror stories to this. I am waiting for the day that I have someone in the VA, BVA , or CAVA that will trigger the rating schedule so that I can try and do this ridiculous math and figure out what the VA really owes me.

I hope someone else can eloborate alittle more and correct me if I am wrong. At any event welcome and please remember that whatever you do .....NEVER GIVE UP. God Bless, C.C.

[rapsellsr]

Hello Rap,,,thank you for your service and welcome. Ok you got what one day I hope to get. SC... If I am correct , each time they give you and increse to your rating there is suppose to be some form of retro from the increase to that award date. If there is another increase and an award letter and date then that is suppose to be figured as well. Yes , they can easily "forget" about it and won't pay if you don't pursue, show them , and ASK for it. I have not been fortunate to have this problem but hope to one day. I believe the SMC and A and A is a separate rating with date of award payable to that increase from the date of award. I hope I read the regs and ratings correctly. Sorry I did not do the math for you but some of your ratings have me confused alittle so maybe one of the other members can punch in the numbers alittle with your increases.

I do know that the VA math of increases does NOT work off of 100 percental group for each issue. It must be figured off of your leftover available percentage. For example ...lets say you get 20 percent your first claim which leaves you only 80 percent left for the next award . Lets say you get a bump up of 60 percent from an increase that was awarded to you on an appeal for higher rating. You are suppose to take the 60 percent of the 80 percent leftover and then add it to your 20 percent. So it should be something like this....80 percent with the 60 = 48 percent and add the 20 so that would be 68 percent. Another award would come off the 68 percent and so forth , meaning each award actually gets taken from a dwindling percentage. I hope this is correct if I am reading the rating regs correct. It is confusing especially with secondary disease/injury awards. They are not going to let you add these to each rating as if they used 100 percent each time. This is why the rating awards are so confusing and very easy for the VA to make a mistake in the amounts. Its only VA math , and not what you or I were taught in school.

Oh yes if the VA makes a mistake , normally you have to point it out to them, prove it and ASK for the corrected version. And this usually triggers an appeal somewhere to the process , whether your at RO or even thru the BVA and that takes time. I know , if they would have done it right the first time it would have saved tax dollars but I guess that the VA does not count on everyone doing the math correctly so they will just not catch the mistake and let it alone , resulting in huge "secret" savings. But websites like this have trimmed the VA's "secret savings" and made more Veterans aware of the award , ratings , Early effective dates , meaning more people having to watch the VA and their "poor math skills" There are others here that can tell some real horror stories to this. I am waiting for the day that I have someone in the VA, BVA , or CAVA that will trigger the rating schedule so that I can try and do this ridiculous math and figure out what the VA really owes me.

I hope someone else can eloborate alittle more and correct me if I am wrong. At any event welcome and please remember that whatever you do .....NEVER GIVE UP. God Bless, C.C.

[rapsellsr]

Thank you so much for taking so much time on me. I will lead you to where we are not. In 06 I suffered CHF. Went to VA in Sept. 06. In 07, I received 20% for DM11. i went downhill quickly and at the end of 08, i was increased to 100% P&T (but nothing to do with the Nehmer claim. So in March, 2010, we filed for IHD under the new presumptive rules. We just found out they gave me 30% from 07; 70% from march 2010. smc from march 2010 and A&A from march 2010. So I am thoroughly confused, have no clue what to even think about what I may receive. I have not been able to work for a year and a half, so I would be so grateful for help. But I must say, the VA has always been wonderful to me. Thanks for any help

[Chuck75]

Yes it looks like you will be due retro. If you have at least one 60% and one 100% SMC should also be considered automatically (something that the VA tries not to do), and usually awarded. Note that the VA may use a more restrictive method to determine SMC than the law allows/provides for.

You have what is called "staged ratings". This complicates award calculations tremendously. You will need to check the award amounts and how they were figured.

There should be a case for retro award of SMC as well. This depends on how and when the various percentage became effective. Nehmer should help with SMC retroactive entitlement.

(Something else to look at, and there is a possibility that the VA (again) may not figure things correctly.)

Ok, here is the deal. I started VA in 20, got 20% in 07, 100% in 08. Under Nehmer, we were just told that he is 30% from March 07, 60% from March 2010, now another 100% plus qualifies for SMC A & A (not sure if this is right). Can anyone tell me, do we get retro money or not. I am soooooo confused!!

Edited April 18, 2011 by Chuck75

[rapsellsr]

ok, so how would I know which smc it would be from the rating tables?? also, is A&A something in addition to SMC/