degenerative arthritis 100% Sc+P&t And Retro Questions

[WOLF14]

Hello Hadit.com Experts,

Just pulled AB8 from Ebenefits showing 100% SC P&T, currently waiting on official letter from VA in the snail mail.

I recently went to VA for increase on several SC conditions on 7 July 2015 (Back, GERD, and Migraines)

I pulled down my disabilities from Ebenefits and it showed the following;

Disability Rating Decision Related To Effective Date left hamstring pull Not Service Connected left ankle sprain (also claimed as left ankle pain and swelling over lateral muscle) Not Service Connected degenerative disc disease lumbar spine (claimed as pain in lumbar, coccyx & spine, lumbar spasms, pain in at T10- T1 levels, lumbago, lower back sprain, non allopathic lesions lumbar, non allopathic lesions sacral sacroiliac, L3, L4 lateral protusion) 10% Service Connected 07/07/2015 right Achilles bursitis with metatarsalgia (also claimed as crepitus and ankle pain) 10% Service Connected 01/01/2012 cellulitis in the left foot 4th digit Not Service Connected right hip arthralgia and joint pain Not Service Connected gastroesophageal reflux disease (claimed as heartburn) 10% Service Connected 08/13/2013 left hand 5th metacarpal strain and boutonneire deformity (claimed as left hand 5th digit PTP joint pain and swelling, sprain, pain, synovitis, deformity at MIP joint, mallet finger, boutonniere deformity, and PIP joint flexion contracture release) 0% Service Connected 01/01/2012 right hand 4th metacarpal strain (claimed as diaphysis, cystic defect in the navicular, inferiorly and medially, and 4th digit dorsal angulation deformity) 0% Service Connected 01/01/2012 left shoulder tendinitis (claimed as sprain, deg. changes of the AC joint, pain with crepitus, limited movement, decrease in range of motion in all planes, decrease in strength, pain in AC joint, subacromial impingement, AC arthritis, biceps tendinitis) 20% Service Connected 01/01/2012 lichen simplex chronicus (claimed as lichen plalus rash, contact dermatitis, and impentigo) 0% Service Connected 01/01/2012 TMJ syndrome with crepitus 20% Service Connected 01/01/2012 right knee strain (claimed as soft tissue swelling, pain, weakness, instability with crepitus, and stiffness) 10% Service Connected 01/01/2012 tinnitus 10% Service Connected 01/01/2012 left knee strain (claimed as pain) 10% Service Connected 01/01/2012 mild radiculopathy of the right lower extremity (claimed as right hip numbness) (formerly DC 8521) 10% Service Connected 01/01/2012 right shoulder degenerative arthritis with tendinitis (claimed as acromioclavicular joint pain, 20% Service Connected 01/01/2012 hypertriglyceridemia Not Service Connected left varicocele 0% Service Connected 01/01/2012 an anxiety disorder, not otherwise specified (claimed as depression and an anxiety disorder) 30% Service Connected 01/01/2012 left hand middle phalanx diaphysis Not Service Connected right elbow tendinitis (claimed as right elbow soft tissue swelling, right elbow decrease in strength, right elbow decrease in range of motion) 10% Service Connected 01/01/2012 migraine headaches 30% Service Connected 11/12/2013

sinusitis

Not Service Connected obstructive sleep apnea (also claimed as snoring, dysfunction, sleep stage or arousal from sleep, sleep study/insomnia, primary insomnia and CPAP machine) 50% Service Connected 01/01/2012 a cardiac condition (claimed as sinus bradycardia, possible left atrial enlargement, and borderline ECG) Not Service Connected bee sting allergies (claimed as anaphylaxis due to bee venom) Not Service Connected left ear hearing loss 0% Service Connected 01/01/2012 right ear hearing loss (also claimed as hyperacusis) Not Service Connected

1. Before my C&P for increase DDD was at 20% but After C&P for Increase it shows 10% (I had major proof it was getting worse so not sure why they would decrease by 10%). Effective date next to DDD entry is 7/7/2015.

2. GERD increased from 0% to 10%. Effective date next to GERD entry is 8/13/2013.

3. Migraines increased from 0% to 30%. Effective date next to Migraine entry is 11/12/2013.

History:

-Date of initial BDD Claim (01/01/12) (Retirement Date)

-Date initiated FDC increase on Ebenefits (11/10/2014)

Here are my questions;

I've been at 90% since 01/01/12 and looks like according to the AB8 I now have a 100% P&T rating.

1. What date will the retroactive pay start from? I'm assuming it would be 11/10/2014 but not sure because of the Effective date entries next to (DD/GERD/Migraines) go back further.

2. Will the retro pay be for the difference from 90% to 100% (I have wife and 3 children (11 y/o and 16 y/o) and one 19 y/o child in college.

3. Any idea how to calculate this and any Idea when I may see the retro?

Thanks Gurus!

V/r

Wolf14

[JR Reihs]

It looks like Gerd will be the first retro and it was the migraine claim that got you to 100%, so I would assume that will be your back pay date - the 90% you already had. Now what you need to do is jump on the state and Fed bennies that come with P&T.

1st, get your 19 y/o to the college VA person to get the Chapter 35 school benefits done, and refund of any monies due from the past months in school if your state offers tuition waivers, then get the retro from the VA for the same.

2nd, get your DOD cards for the family

3rd, get your family enrolled in Champ VA

4th, check for state bennies such as property exemption, car tags, ect... if there is such, apply for refund back to your 100% award

5th, make sure your award contains everything that you asked for, if you feel they were wrong, that will be a decision you need to make as you are now T&P, this is the golden ticket, and there is not much more to gain, unless you seek Voc Rehab, or the ILS program.

6th and most important.......enjoy yourself and your family, the retro may not be huge, but it can do some good for things you could not get or do before,

On the calculation, I really have no idea other than if it is based on the 11/12/13 date, just look at the schedule between 90-100 with the number of dependents you have x the amount of months between now and the retro date......it won't be exact,but it will be a good ballpark.

One other thing........Congrats to you and your family!

[Chuck75]

Congratulations! and a question - -

You stated that you were at 90% as of 2012, within one year after retirement.

Was the question of TDIU ever raised or considered by the VA. If not, why not?

That might allow the 100% (TDIU) to go back to the date you retired.

Some of the various court rulings seem to show that the VA has not done well

considering TDIU or SMC as they are required to do.

[WOLF14]

JR Reihs and Chuck75,

Thank you for this information, I will look into all of it soonest,

V/r
WOLF14

Edited July 16, 2015 by WOLF14

[broncovet]

Congratulations! Your decision will state the effective date for 100%..it may be on the first page. You can only estimate the retro until you get the effective dates. You are correct that you will get the difference between what you got before, and what the new decision says, for x number of months (your effective date). In other words you get 100 percent back pay to your effective date, but you already got paid 90% so you don't get that again.

I did not calculate if this increase, indeed, is enough to get you to 100 percent. If you are at exactly 90 percent, it takes a full 50 percent increase to get you to 100 percent because of VA math. You can see this on the disability calculator, here, if you work out the numbers:

https://www.microhealthllc.com/veterans-disability-rating-compensation-calculator/

[WOLF14]

broncovet,

Great info, thank you so much!

V/r

WOLF14