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

[broncovet]

Formula to calculate Retro:

"New" pay minus what you were already paid.

YOu have to do this each month, to account for changes in dependents, and changes in COLA. (No, you do not get the "current rate" back to 1969).

[RUREADY]

I have had 3 brothers in NAM and all says the same thing.

The whites were firing on the black from behind so maybe you could

answer that question Why are the same ones in the same unit as you get

benefits 10 years before me and the other who serve the same purpose as we serve in the same unit

gets nothing ??? Never posted and just asking again

Edited June 21, 2015 by RUREADY

[RUREADY]

I also apologize for me and my reaction for some of the post

on forum that guide you to believing in what it is you believe.

and most not true to you but still believe good what ever makes you

get benefits . This post is only to broncovet and him only for trying to

make something for nothing. I don't have a problem with you or anyone else

except when you have to make stuff up Y OU were trying to say experts having an

disagreement they know what to do and how to talk never did I ask you for advice

because its always wrong and that's that. I hope you forgive me but this I had to do

[lotzaspotz]

I've done the grunt work broncovet described, and did exactly what he said needs to be done. Yes, it's very time consuming and tedious, but when you're done, you know exactly where you stand. Find the compensation tables for each year in question, subtract what you received, if anything, from the award for each month included in the award time frame. Take into account the addition or loss of dependents. If staged (aka "Fenderson") ratings are in the picture, the rating decision will say so. Do the math several times to check yourself.

Unless you're of the opinion that you can trust the RO to do the math correctly. I am not.

[RSG]

Obviously, something seems wrong.. I realize that my retro calculations need to go back to MAY 1969...I can not find any compensation charts that go back to that date...The oldest I can find is 1972....I do not remember what year the VA started the COLA increases..I also seem to remember reading somewhere in the older regs, that the VA needed to reimburse for all the medical expenses , including mediations that I have paid for before starting to go to the VAH...I do not trust anything the VA does any longer.....Not even to read correctly....

RSG

Edited June 21, 2015 by RSG

[Guest]

Let's keep in mind that the EED is acceptable but what about the rating percentage. The VA awarded the veteran 10% but what if the evidence of record proves the veteran should have been granted a higher rating. VA loves to grant a 0% or 10% to keep the retro payment very low.

RSG it is my opinion that you need to get a veteran friendly law dog to research the regulations to find out what your rating should have been. The results could be a very high retro payment since you have already won the EED, now you have to make sure that VA granted the correct rating percentage. You can calculate your current decision but if VA still low balled you that it could be more to come if and I say if your records prove that you should have been granted a higher rating and if you are willing to fight.

§3.156 New and material evidence.

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decision makers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. (Authority: 38 U.S.C. 501, 5103A(f), 5108)

(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. (Authority: 38 U.S.C. 501(a))

© Service department records.

(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA’s original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim. (Authority: 38 U.S.C. 501(a))