Jump to content
  • 0

Won The Battle, Still Waiting


ERECON 1/12

Question

Received a letter from BVA saying that I was awarded TDIU, Citation Nr. 1426163 on June 12, 2014. It is now Aug. 15 and I didn't receive my retro yet and my July and Aug. checks were still at 90%. My BVA decision is posted on their web site but I never got paid. The retro could back over 2 years or more depending on how they calculate the appeal date. My regional office is Newington, Ct. I waited four years and never called the 800# but this is driving me nuts waiting.

Link to comment
Share on other sites

Recommended Posts

  • 0

Received a letter from BVA saying that I was awarded TDIU, Citation Nr. 1426163 on June 12, 2014. It is now Aug. 15 and I didn't receive my retro yet and my July and Aug. checks were still at 90%. My BVA decision is posted on their web site but I never got paid. The retro could back over 2 years or more depending on how they calculate the appeal date. My regional office is Newington, Ct. I waited four years and never called the 800# but this is driving me nuts waiting.

Going to need to just keep hanging in there a while.

Might be another month or so before the cash and official decision shows up.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder


Is this your case?



http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files4/1426163.txt The Veteran filed his claim for TDIU in June 2009.



Carlie is right.

Everything takes time with VA these days.

In your case.....I believe your EED for retro should be June 2009, if that is your case, and they will deduct past comp for that period from the TDIU retro award.

And if it is your case, I think it is absurd that the RO didn't make the TDIU award themself.

Over 5 years after the TDIU application.....ridiculous.

  • Like 1
Link to comment
Share on other sites

  • 0

Berta,

Yes it is a long time but it will be worth it. I was at 50 and then 80 and then 90% during this period of time. The math can't be that complicated to take this long. I went to my local Congressional office on Monday and filled out some paper work about this matter.

They said that the claim is settled and it should not take this long to make the payment.

Link to comment
Share on other sites

  • 0

Congratulations. I hope you get your retro soon. You have waited too long already. I know it will never happen but congress should pass a bill requiring the government to pay penalties and interest in cases like yours.

Good luck to you.

  • Like 2
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

  • Ads

  • Our picks

    • A few days ago, my attorney sent me this email on a PTSD claim I filed back in 2016 and have appealed to the BVA.  After getting this email, I checked eBenifits & VA.gov and they still read, "waiting to be sent to a law judge".

      "I am reaching out to give an update on your case. We are currently pending a Rating Decision in response to the Board Appeal filed 05/18/21. If you have received any recent VA correspondence, please be sure to inform our office"

      Thank You

       
      • 36 replies
    • Burn Pit Claim Assistance
      The NVLSP launched its Burn Claim Assistance program:  Details at the NVLSP website:

      https://www.nvlsp.org/what-we-do/burn-pits-claims-assistance-program/
        • Thanks
      • 0 replies
    • I have a C&P exam scheduled for next week for sleep apnea. I completed an at home sleep study sent by VES. However, I just visited ebenefits and noticed that my claim has been closed before my scheduled exam. Anyone ever experience this?
        • Confused
      • 11 replies
    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 20 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 59 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    710%
    $10,656.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

×
×
  • Create New...

Important Information

{terms] and Guidelines