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.
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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.
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