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Partial Rating, do I get back pay?

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lmoore1436

Question

So after waiting an entire year, two of my four claimed disabilities went through, and they gave me a rating of 40%. The other two conditions went back to gathering of evidence, but I'm curious if I will get back-pay for the 40% as of now since I have already waited an entire year. Has anybody else gone through this or know anything about it? I've been reading very conflicting information.

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So after waiting an entire year, two of my four claimed disabilities went through, and they gave me a rating of 40%. The other two conditions went back to gathering of evidence, but I'm curious if I will get back-pay for the 40% as of now since I have already waited an entire year. Has anybody else gone through this or know anything about it? I've been reading very conflicting information.

Yes, you will get retroactive pay dating back to the effective date of your claim, which is normally the date that you initially filed the claim.

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  • Content Curator/HadIt.com Elder

If your old combined rating was less than the 40% you were granted, you will get retro.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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Well I didn't have a disability rating before. This is my first claim and its within my year after discharge, I just wasn't sure whether they would pay retro if they deferred two other conditions on the same claim but awarded a rating for the first two...

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  • Content Curator/HadIt.com Elder

Yeah, you'll get retro. Congratulations!

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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The formula for retro pay has not changed.  Its always:

The pay you should be getting (the new rating), minus what you got before (old rating) repeated for each month to the "effective date" on the RO decision.  This applies with the applicable dependents.  

 

If you got "pension" in the past, it will be deducted, since the law prohibits you from getting pension and compensation at the same time period.  

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Congrats on the Good News, and yes you should get Retro soon. Good luck and God Bless!!!

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

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