Question About Retro Decision From Varo.

[RSG]

I have a question.. I received a decision letter from the VARO Saturday about the retro I am owed.. Somehow the VARO did not even give me a yearly breakdown of how they paid retro per year. All the other letters I have received showed a yearly breakdown on the funds. This one did not.. They granted a 10% disability and a very small retro payment was shown...There seems to be something wrong with their calculations...I can not find any info on this stuff.. Can I get any direction as to figure out how to fight this AGAIN? RSG

[lotzaspotz]

Do you agree with the effective date of the award?

[FormerMember]

Ask for an audit of your benefits from VA. It's the same as a claim. They have to give every effective date, every award and every payment associated with it. If A ≠ B, they have to explain.

[broncovet]

Calculating your retro is complicated, but doable if you are patient enough.

When you get the decision, check your effective date. If you dispute the effective date, file a NOD disputing the effective date. Explain your reasons why you think it should be earlier.

After you get the effective date, here is the formula to calculate it. You have to do it each month (or at least each year) since it changes about once per year with COLA. When you figure your retro, you have to check each year because they raise the rates almost every year.

You also have to deduct them monies already received.

Its possible, or even likely, that you get a 10 percent increase and get 0 retro because your "combined" percentage may well not increase with a 10 percent increase. I know that does not make sense, but it does with "VA math."

Example:

You have a single 70 percent rating. You are given an "increase" where they rate you for tinnitus for an "additional" 10%.

If you use the combined rating table, 70% plus 10% = 70 percent combined. So, even tho you got an "increase" your compensation stays the same, because of VA math.

However, in this example if you got a 2002 effective date for tinnitus AND you were given an increase in 2007 from 30 to your present 70 percent, you would still get retro.

Reason:

Combining 70 plus 10 = 70% BUT

Combining 30 plus 10 = 40%. So, your 10 percent would make a difference in this example and get you more retro.

Edited June 21, 2015 by broncovet

[RSG]

_{The EED from the BVA says May 7 1969, the decision from the VARO says April 29 1969....They VARO actually shows an Earlier date.. Not sure what to think about that VARO change on the date....I am satisfied with my EED of May 7 1969.. And BroncoVet, not sure what you mean with the formula....RSG}

Edited June 22, 2015 by RSG

[RSG]

Do you agree with the effective date of the award?

Yes except the VARO changed it to an earlier date than was spec'd by the BVA judge ! his date: May 7 1969, and VARO's April 29 1969..Very strange....

[Gastone]

For some reason, the term Staged Rating comes to mind. Depending on when the 10% Retro date is established, 10% could have little or no $ affect on your Gross compensation amount. If you think you have big or significant $$ due you, then the effort is justified. At the Very least, NOD Requesting a DRO Hearing should give you 3 or so years of tax free savings if finally Awarded.

Semper Fi

Gastone