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.

[veteran7796]

No...there there is nothing wrong. I filed my initial claim 5/31/2011....it took until October 2012 to get a C&P exam.

[carlie]

No...there there is nothing wrong. I filed my initial claim 5/31/2011....it took until October 2012 to get a C&P exam.

I understand now, I think : - )

The VBA called a CUE on their 06/13/2013 decision of SC at zero percent

due to evidence in a 2012 C&P exam that warranted a 10% evaluation.

That's a good outcome for you and I'm sure glad you didn't have to fight this issue

for say 10 or 20 years.

[veteran7796]

Exactly. Lol. Once I requested the increase they noticed the error. After that I'll work on the ptsd claim.

[carlie]

Exactly. Lol. Once I requested the increase they noticed the error. After that I'll work on the ptsd claim.

I'm glad they caught it.

I'm sure you could have used this cash a little earlier - but for now

it's a little extra cha-ching in the bank.

[Appeal managementandClaims]

I can understand your maddness, I've gone thru this for 6 years and it's still going but have gotten further by reading threads such as this, many, many hours spent at the computer. What I have found is that you may think that your file went back to your RO(regional office) but in most cases with the overload most of the cases remain in DC in the Veterans Office of Communication and Management, I don't know if you have gone through the Appeal process or not but that is where my case has come from and I won that, but its in Case management for now, the phone number there is 202-273-7453 and their fax number is 202-530-9384, wish you a lot luck and God Bless

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.