Back Pay Calculation...

[veteran7796]

Good Morning To All,

This is my first post on this site. Although, I have looked at it many times over the years for advice and information and it has been more than helpful. So, thanks for all the help in advance.

Here is my timeline...

5/31/2011 -Initial Claim for Compensation (Cervical Neck)

10/12/2012 -Amended Claim to include GERD, Chronic Sinusitis

6/13/2013 -Awarded 30% for GERD (Effective Date of 10/12/2012) and awarded 0% SC for Neck and Sinusitis.

8/9/2013 -Filed FOIA/Privacy Act Request for service records to appeal the neck rating (This claim NEVER moved and is STILL sitting in CLAIM RECEIVED). So....to take action before the 1 year deadline I did the following:

4/13/2014 - Filed for Increase on 0% SC neck injury and 0% Sinusitis

6/2/2014 - C&P Exam for Neck

July 2014 - My claim was bouncing ALL over the place. ROE to PFD back to ROE back to PDA and now back to ROE....then it just stopped and has stopped for the last 2 weeks.

So, last week my VSO called me and said my claim for increase is still in Review of Evidence, however, notes on the case showed that Sinusitis was denied and will remain at 0%. Notes for the neck injury are as follows:

- Increase for neck injury granted and approved from 0% to 10% with an effective date of 5/31/2011

- "Clear and Unmistakeable Error". Initial C&P exam in 2012 showed rating should have been listed at 10% (which I already knew and is why I wanted to appeal the decision).

Under this scenario he said I should receive back pay at 10% from 5/31/2011 to October 2012 and then the difference between 30% and 40% from October 2012 to Present once they get it all signed. I do have custody of my three sons who live with me and no spouse so I get dependent rate.

Any idea how to calculate the back pay correctly before I get numbers in my head that arent remotely accurate? Hope I didnt confuse anyone.

[carlie]

Good Morning To All,

This is my first post on this site. Although, I have looked at it many times over the years for advice and information and it has been more than helpful. So, thanks for all the help in advance.

Here is my timeline...

5/31/2011 -Initial Claim for Compensation (Cervical Neck)

10/12/2012 -Amended Claim to include GERD, Chronic Sinusitis

6/13/2013 -Awarded 30% for GERD (Effective Date of 10/12/2012) and awarded 0% SC for Neck and Sinusitis.

8/9/2013 -Filed FOIA/Privacy Act Request for service records to appeal the neck rating (This claim NEVER moved and is STILL sitting in CLAIM RECEIVED). So....to take action before the 1 year deadline I did the following:

4/13/2014 - Filed for Increase on 0% SC neck injury and 0% Sinusitis

6/2/2014 - C&P Exam for Neck

July 2014 - My claim was bouncing ALL over the place. ROE to PFD back to ROE back to PDA and now back to ROE....then it just stopped and has stopped for the last 2 weeks.

So, last week my VSO called me and said my claim for increase is still in Review of Evidence, however, notes on the case showed that Sinusitis was denied and will remain at 0%. Notes for the neck injury are as follows:

- Increase for neck injury granted and approved from 0% to 10% with an effective date of 5/31/2011

- "Clear and Unmistakeable Error". Initial C&P exam in 2012 showed rating should have been listed at 10% (which I already knew and is why I wanted to appeal the decision).

Under this scenario he said I should receive back pay at 10% from 5/31/2011 to October 2012 and then the difference between 30% and 40% from October 2012 to Present once they get it all signed. I do have custody of my three sons who live with me and no spouse so I get dependent rate.

Any idea how to calculate the back pay correctly before I get numbers in my head that arent remotely accurate? Hope I didnt confuse anyone.

Welcome,

So glad that you appealed and won.

I am moving your topic to the Claims / Benefits section.

[Jeffersonrl68]

CONGRATS!!!

VA has a system already in place that is going to calculate your money down to the last penny. Your responsibility will be to ensure they have the paperwork for your 3 sons accurately reflected in the system showing they are your dependents. If you had custody of ALL 3 from your effective date then you will get ALL of your back pay.

Look at what you were getting paid prior to the increase. Here is the link for the pay tables for VA

Compensation http://www.benefits.va.gov/COMPENSATION/resources_comp01.asp

I went through this entire process with VA because I was single parent with 2 dependents at the time and I had full custody. After 13yrs I re-married and had to add my wife, step daughter and newborn.....VA calculated down to the penny!!!!! :):):) 8 yrs of retro pay took a total of 2 weeks from my notification via EBenefits. Each person retro pay time is different!!!!

Good luck!!!

[veteran7796]

The thing that has me worried is the e-benefits information conflicts with what my VSO has told me. My claim still shows in Review of Evidence in E-bennies and my letters havent changed nor does it say anything about a "Decision Letter" being sent.

From my perspective it still looks like an incomplete claim that could still be denied. However, my VSO has assured me that it wont be denied and his system shows it as approved and granted...just still in review. Kinda weird.

[carlie]

The thing that has me worried is the e-benefits information conflicts with what my VSO has told me. My claim still shows in Review of Evidence in E-bennies and my letters havent changed nor does it say anything about a "Decision Letter" being sent.

From my perspective it still looks like an incomplete claim that could still be denied. However, my VSO has assured me that it wont be denied and his system shows it as approved and granted...just still in review. Kinda weird.

ebenefits is not updated for you yet.

[veteran7796]

Also, if the claim is ultimately approved I did kinda do my own calculation for the back pay. I was just hoping someone could critique it a bit.

Since only the 10% neck is back dated to 5/31/2011 then I will get only the 10% rate from June 1st 2011 through October 12th 2012 (which is the effective date for my 30% GERD).

That calculates to:

$127 (approx) X 16 months = $2032.00

Then from October 2012 to Present, I should have been 40% with dependents instead of 30% w/ dependents...so I am owed the difference between the two from October 12th 2012 to Present.

That calculates to:

$201.00 (approx difference) X 22 months = $4432.00

So, $2032 + $4432 = $6,454.00 total back pay (approx).

[carlie]

If you already have direct deposit set up for your current VA comp,

the cash will most likely hit the bank before you receive your

official decision in the mail.

jmho